Does indecent exposure require intentionality?

Question

Meet Bob. Bob went out on the town wearing boxer shorts which in itself is entirely legal. A security guard pointed out to Bob that his shorts were unbuttoned so Bob buttoned them up. They later accused Bob of having his genitals hanging visibly out the front at one point which, even if truthful, he certainly was not aware of and did not intend.

If this was true, then what offences might Bob have been committing, and would they have required his self exposure to be intentional?

England and Wales specified, other jurisdictions always welcome.

Answer 1

Yes, and also there needs to be intent to cause alarm or distress. See section 66 Sexual Offences Act 2003:

(1)A person commits an offence if—

• (a)he intentionally exposes his genitals, and

• (b)he intends that someone will see them and be caused alarm or distress.

(2)A person guilty of an offence under this section is liable—

• (a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

• (b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

For clarity, although the above legislation uses the masculine subject pronoun "he", this offence may be committed by a female also. See section 6(a) Interpretation Act 1978:

[...]

• (a)words importing the masculine gender include the feminine;

[...]

Answer 2

maaaaaybe if it was a public nuisance?

In germany Public Nuisance under StGB §183a does require either knowledge or intent, so pure knowledge is sufficient for this article. However, the required act is explicitly a sexual act - which just having your body exposed without your knowledge is usually not, and in fact, lack of intent and knowledge (that you are in public) could even make quite sexual stuff in public ok.

However, Exhibitionist Acts under StGB §183 is different: an intentional act of exhibiting your genitals is punishable under that paragraph. Knowledge is not mentioned, so only intentional acts are punishable. Unintentionality could in this case be a defense.

Answer 3

In france the law states that if you expose yourself in places where you can be seen you are committing a felony (article 222-32 of the penal code). It can cost you up to one year of prison and up to 15000€.

Interestingly enough, this includes your own house. If you walk there naked and you are seen by someone from a public place (street for instance), you are guilty.