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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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I have a 4 yr old that is being bathed by my ex-wife to be

Customer Question

I have a 4 yr old that is being bathed by my ex-wife to be boy friend. If my son sees him naked is this a crime.
Submitted: 5 years ago.
Category: Legal
Expert:  RobertJDFL replied 5 years ago.

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It depends on the circumstances as to why he would be exposing himself, but it could be considered indecent exposure, a petty misdemeanor. Under the law, indecent exposure occurs where..."the person intentionally exposes the person's genitals to a person to whom the person is not married under circumstances in which the actor's conduct is likely to cause affront."


If your son just happened to see the boyfriend naked because they were taking a shower together, for example (and there was no inappropriate touching) or because he stumbled upon him using the bathroom, that is not a crime, as there is no intent to expose himself or to cause offense. If he intentionally strips in front of your son without good cause, that could be criminal, however.


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Customer: replied 5 years ago.
Thank you. I am not sure if I feel good with the answer, but that is what divorce is a mess and a friggen nightmare.
Expert:  RobertJDFL replied 5 years ago.

Well, exactly under what circumstances has your son seen the boyfriend naked? Was it intentional, or by accident?


Have you tried telling your soon to be ex that you would prefer if the boyfriend not bathe your son?

Customer: replied 5 years ago.
The boy friend bathed him and his brother. My son said he saw him in the shower, and that he took a bath with them. It all sounds like my son is trying to protect his moms friend from me, but I told him I want the truth.
Expert:  RobertJDFL replied 5 years ago.

Thank you for your reply.


As one of my colleagues corrected stated to you in one of your previous questions, there is no law that makes it illegal for him to bathe your son, though I too would be uncomfortable the fact that he is the boyfriend and is showering with your yong child.


Obviously, if you believe there is anything inappropriate going on, you need to contact the authorities right away. Also, have you discussed this at all with your soon to be ex? Maybe she doesn't know this is going on. Or she may be willing to agree that her boyfriend no longer bathe with your son.


As the other expert pointed out to you, you could also file a motion with the court for the boyfriend not to have that kind of contact with the child but before you do that, discuss it with the child's mother and see if a resolution can't be worked out.