Indecent Exposure – California Penal Code 314 PC
What is indecent exposure in California?
Under California Penal Code 314, it is illegal to willfully and lewdly expose your private parts in a public place or any place where people would be offended or annoyed by such conduct. The sentencing and punishment for indecent exposure can be severe and life changing. For example, if convicted of indecent exposure, you will be required to register as a sex offender under Penal Code Section 290. Thus, you need an experienced criminal defense attorney you can trust to represent you.
In order to convict you of indecent exposure in California, the prosecution must prove several elements
Wallin & Klarich’s team of criminal defense attorneys are experienced in the laws pertaining to indecent exposure and sex offender registration in California, and we provide you with an overview of the elements that the prosecution needs to prove in order to convict you of indecent exposure. For example, the prosecution must prove:
- You willfully exposed your genitals in the presence of another person(s) who might be offended or annoyed by your actions AND
- When you exposed yourself, you acted lewdly by intending to direct public attention to your genitals for the purpose of sexually arousing or gratifying yourself or another person, or sexually offending another person
If it is alleged that you entered an inhabited structure during the commission of this crime, the prosecution must also prove:
- The willful and lewd exposure occurred after you had entered an inhabited dwelling/building/trailer coach without consent
Defenses to an indecent exposure charge under California PC 314
- You did not expose your genitals
- The exposure did not occur in the presence of another
- The exposure was not willful or lewd
- Lack of intent
- Mistaken identity
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a California vehicular manslaughter defense attorney at Wallin & Klarich to learn more.
California indecent exposure sentencing and punishment
The sentencing and penalties for indecent exposure under California Penal Code section 314 depends upon whether the offense is charged as misdemeanor or felony. If this is your first indecent exposure offense, the crime will be charged as a misdemeanor punishable by up to 6 months in county jail and a maximum $1,000 fine. If you have a prior indecent exposure conviction on your record, the offense can be charged as a felony punishable by 16 months, 2 or 3 years in county jail and a maximum $10,000 fine. An aggravated indecent exposure conviction can be charged as either a misdemeanor or felony and carries with it the same criminal penalties except that a misdemeanor conviction is punishable by up to a year in county jail. Regardless of whether the offense is charged as a misdemeanor or felony, an indecent exposure conviction will require you to register as a sex offender with local law enforcement agencies.
California indecent exposure laws FAQs
To help you understand the various aspects of an indecent exposure charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions to the California indecent exposure laws in our FAQ section. There, you can find answers to questions like:
1. What part of my body needs to be revealed in order to be charged with indecent exposure?
2. Is indecent exposure charged as a misdemeanor or felony?
3. Do I have to register as a sex offender if I am convicted of indecent exposure?
Where can I find the most experienced California criminal defense attorneys?
If you are confronted with accusations of indecent exposure, it is essential that you contact an experienced criminal defense lawyer who is practiced in indecent exposure cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has successfully represented clients facing indecent exposure charges for over 30 years. We have the knowledge and the know-how to win your case.
Call us today at (877) 4- NO-JAIL or fill out our client confidential form. We will get through this together.