T.P.I. -- CRIM. 10.11
INDECENT EXPOSURE
Any person who commits the offense of indecent exposure is guilty of a crime.
For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1
[Part A:
(1) that the defendant was [in a public place] [on the private premises of
another or so near thereto as to be seen from such premises];
and
(2)(a) that the defendant intentionally exposed [his] [her] genitals or
buttocks to one (1) or more persons;
or
(b) that the defendant intentionally engaged in sexual contact or
sexual penetration;
and
(3) that the defendant reasonably expected the acts to be viewed by
another;
and
(a) that such acts would offend an ordinary viewing person;
or
(b) that such acts were for the purpose of sexual arousal and
gratification of the defendant;
[and]
[(4) that the defendant was at the time of the commission of the alleged
act eighteen (18) years or older and that the alleged victim, ______ __________, was under thirteen (13) years of age at the time of the
commission of the alleged act.]]2
or
[Part B:
(1) that the defendant knowingly invited, enticed or fraudulently induced the child of another into the defendant’s residence;
and
(2) that such invitation, enticement or fraudulent inducement was for the purpose of attaining sexual arousal or gratification;
and
(3) that the defendant intentionally, and in the presence of such child,
(a) exposed such person’s genitals, female breasts or buttocks;
or
(b) engaged in masturbation;
and
(4) that the defendant was at the time of the commission of the alleged act eighteen (18) years or older and the victim, , was less that thirteen (13) years of age at the time of the commission of the alleged act.]
"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.3
[“Knowingly” means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person’s conduct when the person is aware that the conduct is reasonably certain to cause the result.]4
[The requirement of “knowingly” is also established if it is shown that the defendant acted intentionally.]5
"Sexual contact" includes the intentional touching of the alleged victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the alleged victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification.6
"Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or any object into the genital or anal openings of the alleged victim's, the defendant's, or any other person's body, but the emission of semen is not required.7
["Cunnilingus" means a sex act accomplished by placing the mouth or tongue on or in the vagina of another.]8
["Fellatio" means a sex act accomplished with the male sex organ and the mouth of another.]9
"Victim" means the person alleged to have been subjected to criminal sexual conduct.0
"Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartments and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.0
[“Fraud” is defined as the term is used in normal conversation and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge.]0
FOOTNOTES
1. Tenn. Code Ann. § 39-13-511(b)(1).
2. Tenn. Code Ann. § 39-13-511(b)(2).
3. Tenn. Code Ann. § 39-11-106(a)(18).
4. Tenn. Code Ann. § 39-11-106(a)(20).
5. Tenn. Code Ann. § 39-11-301(a)(2).
6. Tenn. Code Ann. § 39-13-501(6).
7. Tenn. Code Ann. § 39-13-501(7).
8. This definition is derived from former T. P. I. CRIM – 9.04, Crimes Against Nature.
9. Id.
10. Tenn. Code Ann. § 39-13-501(8).
11. Tenn. Code Ann. § 39-11-106(a)(29).
12. Tenn. Code Ann. § 39-11-106(a)(13).
COMMENTS
1. Indecent exposure is a Class B misdemeanor, but if at the time of the offense the defendant was eighteen (18) years of age or older and the victim was under thirteen (13), indecent exposure is a Class A misdemeanor. Tenn. Code Ann. § 39-13-511(b)(2).
2. Indecent exposure is a Class E felony when the defendant is eighteen (18) years of age or older, the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section. Tenn Code Ann. § 39-13-511(b)(2).