Indecent Exposure Sentencing & Punishment – California Penal Code Section 314

First-time indecent exposure offenses are typically charged as misdemeanors, which means the defendant may face:

•    A jail sentence in county jail for a period of up to six months,

•    A maximum fine of $1,000, AND

•    A court ordered mandate to register with local law enforcement as a sex offender for as long as you live, work, or attend school in California. See California Penal Code Section 290.

In certain situations, indecent exposure may also be charged as a felony offense, which may entail:

•    A jail sentence in state prison for a period ranging from 16 months to three years,

•    A maximum fine of $10,000, AND

•    A court ordered mandate to register with local law enforcement as a sex offender for as long as you live, work, or attend school in California.

The specific allegation that the accused unlawfully exposed themselves in an inhabited dwelling home, building, or trailer coach without permission is a “wobbler” offense which can be charged as either a felony or misdemeanor. The same penalties described above would apply in this situation, except that a misdemeanor charge of this specific offense has a maximum jail sentence of one year in county jail.

Repeated Offenses:

An indecent exposure conviction may automatically be punished as a felony:

•    If the accused is convicted with prior indecent exposure convictions; OR

•    If the accused incurs a first-time indecent exposure conviction, but they also had a previous conviction for lewd acts with a minor under California Penal Code Section 288.

Additional Notes:

•    An act is “willfully” done when it is committed willingly or on purpose. There does not need to be intent to break the law, hurt another person, or gain any kind of advantage.

•    A dwelling, building, or trailer coach is considered “inhabited” if someone is using it as a dwelling, regardless of whether or not anybody was inside at the specific time of the alleged exposure.

•    A “dwelling house” includes any structure that is attached to the house and used in a manner that is consistent with a dwelling (e.g. garage, shed, pool house).

•    A “trailer coach” is a vehicle without its own mode of power and it was made for human habitation or occupancy. A trailer coach includes a park trailer that is intended for human habitation or recreational use.