§ 14-190.9. Indecent exposure. - North Carolina Statutes

§ 14‑190.9.  Indecentexposure.

(a)        Unless the conductis punishable under subsection (a1) of this section, any person who shallwillfully expose the private parts of his or her person in any public place andin the presence of any other person or persons, except for those placesdesignated for a public purpose where the same sex exposure is incidental to apermitted activity, or aids or abets in any such act, or who procures anotherto perform such act; or any person, who as owner, manager, lessee, director,promoter or agent, or in any other capacity knowingly hires, leases or permitsthe land, building, or premises of which he is owner, lessee or tenant, or overwhich he has control, to be used for purposes of any such act, shall be guiltyof a Class 2 misdemeanor.

(a1)      Unless the conductis prohibited by another law providing greater punishment, any person at least18 years of age who shall willfully expose the private parts of his or herperson in any public place in the presence of any other person less than 16years of age for the purpose of arousing or gratifying sexual desire shall beguilty of a Class H felony. An offense committed under this subsection shallnot be considered to be a lesser included offense under G.S. 14‑202.1.

(b)        Notwithstanding anyother provision of law, a woman may breast feed in any public or privatelocation where she is otherwise authorized to be, irrespective of whether thenipple of the mother's breast is uncovered during or incidental to the breastfeeding.

(c)        Notwithstanding anyother provision of law, a local government may regulate the location andoperation of sexually oriented businesses. Such local regulation may restrictor prohibit nude, seminude, or topless dancing to the extent consistent withthe constitutional protection afforded free speech. (1971, c. 591, s. 1; 1993, c.301, s. 1; c. 539, s. 124; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑46, s.3; 2005‑226, s. 1.)