Indecent Exposure Defenses – California Penal Code Section 314

There are a number of different defenses that may be raised to overcome indecent exposure allegations. An experienced criminal defense attorney can raise certain defenses depending on the particular facts of the case. If the arguments are successfully presented, the charges may be dismissed or at least reduced to a less serious offense.

Exposure Not Willful or Lewd
The crime requires that the accused to expose themselves in a manner that is considered willful or lewd. If the attorney can present evidence that the exposure was unintentional or not intended to be obscene or indecent, they may be able to defeat the charge. The exposure cannot be considered willful, for example, if the individual’s swimming trunks accidentally slip off as they climb out of a public swimming pool.

Did Not Intend to Draw Attention to Your Genitals
An attorney may also help defend against an indecent exposure charge by showing that the accused did not intend to direct public attention to their exposed genitals. For example, if the accused is out in public and they seek out a secluded place in which he/she can urinate, the fact that they exposed their genitals does not show that they had the intent to draw attention to their private parts.. However, the accused may still be in violation of a public urination law.

Mistaken Identity
Depending on the particular circumstances of the case, an attorney may be able to maintain the accused innocence by arguing mistaken identity. A number of factors can affect a victim’s ability to reliably identify a person. For example, the alleged offense may have occurred at night or under dim lighting, which would make it more likely that they would make a mistake in identifying the suspect. Therefore, an attorney may introduce any kind of factual evidence regarding the circumstances that suggests that the accused may have been mistakenly identified as the person who unlawfully exposed himself/herself.