Private Property Can Be a “Public Place” under the Indecent Exposure Statute

Several recent news reports have involved people removing their clothes in their own homes or on their own property, but in view of neighbors or passers-by. For example, Charlotte’s “naked neighbor” controversy is discussed here, while Rowan County’s back yard bandit case is discussed here. Are people who expose their genitals to public view while on their own property in a “public place” as required by the indecent exposure statute, G.S. 14-190.9? Yes, ruled the court of appeals this week. Facts. The case is State v. Pugh. It arose one afternoon when a woman and her young daughter saw a neighbor masturbating in front of his garage. According to the court, the garage “was directly off a public road and . . . was in full view from the street” as well as from the woman’s house. Some additional information about the layout of the area is available in this Fayetteville Observer article. Procedural history. The defendant was charged with felony indecent exposure in the presence of a minor under G.S. 14-190.9(a1). He was convicted, sentenced to probation and required to register as a sex offender, and appealed. Defendant’s argument. On appeal, he argued that “because he was on his own property, he was not in a ‘public place.’” Therefore, he contended, his motion to dismiss should have been granted and his objection to the jury instructions given by the trial judge should have been sustained. Ruling. The court of appeals disagreed, ruling that a public place is any place “viewable [...]