California Indecent Exposure Laws Penal Code 314 PC – FAQs
What part of my body needs to be revealed in order to be charged with indecent exposure?
In order to charge you with indecent exposure accordingly to California indecent exposure laws under Penal Code section 314, the prosecution must allege that you exposed your genitals while in public or in the presence of a person who might be offended by such conduct. Your genitals are considered any sexual organ located beneath the waste. Revealing your underwear or anything above the waste is not sufficient to subject you to criminal liability for this offense.
What intent does the prosecution need to prove in order to convict me of indecent exposure?
The prosecution must prove that you intended to draw public attention to you genitals for the purpose of sexual arousal or for the purpose of offending another person. In order to prove this intent, the prosecution will likely rely on circumstantial evidence showing that you exhibited a lewd or sexually motivated purpose. Merely exposing your genitals without intending for the public to see them or mistakenly revealing your private area is not sufficient to convict you of violating the California indecent exposure laws under Penal Code 314 PC.
Is indecent exposure charged as a misdemeanor or felony?
It depends. Under the California indecent exposure laws per Penal Code 314, if this is your first indecent exposure offense, the crime will be charged as a misdemeanor. However, if you have any prior convictions for indecent exposure or lewd acts with a minor, the offense can be charged as a felony. Aggravated indecent exposure is a wobbler which can be charged as either a misdemeanor or felony depending on the facts of your case and your prior criminal history.
Do I have to register as a sex offender if I am convicted of indecent exposure?
Yes. California’s sex offender registration law codified under California Penal Code section 290 requires anyone convicted of a “sex crime” to register with a local law enforcement agency in the town in which you live or attend school for as long as you are in California. A violation of the California indecent exposure laws is considered a sex crime, and a conviction will require you to register as a sex offender regardless of whether the offense is charged as a misdemeanor or felony. Since the professional and social consequences of registering as a sex offender can be devastating, it is important to contact a well established criminal defense attorney as soon as possible if you have been charged with indecent exposure.
If I have been charged with indecent exposure under California Penal Code section 314, who should I call?
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, West Covina and Victorville, Wallin & Klarich has over 40 years of experience in successfully representing Southern California residents who have been charged with violation of the California indecent exposure laws. Drawing from our extensive years of experience, we are available to answer any questions you have and are willing to go the extra mile in your defense.
If you are facing prosecution for indecent exposure, call our talented California criminal lawyers at Wallin & Klarich today. (877) 4-NO-JAIL. We will get through this together.