There are a number of valid defenses to an indecent exposure charge. The most important defense is that the exposure was neither indecent nor obscene. In State v. Castaneda, the Nevada Supreme Court addressed this very issue in detail and determined that exposure of buttocks alone does not qualify as indecent or obscene exposure for purposes of the criminal statute. The same rationale would therefore apply to breasts. Instead, in order to convict a defendant, the prosecution must prove the exposure of genitalia or anus. Absent this, a judge may dismiss charges.
Other defenses include the fact that the police arrested the wrong person or have falsely accused him or her of something they didn’t do. Another valid defense is that even if there was indecent exposure, it was merely accidental. In other words, defendant did not intend to expose himself and should not therefore be prosecuted for what amounts to an accident.
Having a competent and experienced criminal defense attorney that knows how to present defenses to indecent exposure charges is very important. A good explanation and thorough knowledge of the law can go a long way towards having charges dismissed or reduced.