Under California Penal Code Section 314, indecent exposure is defined as exposing your genitals for a sexual purpose in a public setting where it would be considered a lewd act to do so.
In order to convict you of indecent exposure, the prosecution must prove:
- You willfully exposed your genitals in the presence of another person 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 you are accused of indecent exposure, do you face misdemeanor or felony charges?
Is Indecent Exposure a Misdemeanor or Felony Crime?
Indecent exposure is a “wobbler” offense, which means that it can be charged as a felony or a misdemeanor. How you will be charged depends upon the circumstances of your case.
If it is your first indecent exposure charge, you will be charged with a misdemeanor. If it is your second or subsequent indecent exposure charge, you face felony indecent exposure. You could also be charged with a felony if you are convicted of “aggravated” indecent exposure charges, which means you entered a home or building to commit indecent exposure.
Misdemeanor Indecent Exposure Penalties
If you are convicted of misdemeanor indecent exposure under PC 314, you face up to six months in county jail and fines of up to $1,000.
You will also be required to register as a sex offender for the rest of your life under California Penal Code Section 290 if you are convicted of indecent exposure. This may be the most severe part of your sentence.
Having to register as a sex offender could make it difficult to find and maintain meaningful employment and sustain relationships with friends, family members and significant others. If you fail to register, you could be charged with a separate crime under PC 290.
Felony Indecent Exposure Punishment
If you are convicted of felony indecent exposure, you face 16 months, 2 or 3 years in county jail and up to $10,000 fines.
A felony indecent exposure conviction also will result in sex offender registration under PC 290.
What to Do if You are Accused of Indecent Exposure
The penalties for an indecent exposure conviction in California are severe. That is why you should not hesitate to contact an experienced indecent exposure lawyer if you are accused of this crime.
Our skilled criminal defense attorneys at Wallin & Klarich have been successfully defending clients facing indecent exposure charges for more than 35 years. Here are some of the valid legal defenses our lawyers have used to help clients obtain a favorable outcome in their cases:
- 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
Contact the Indecent Exposure Lawyers at Wallin & Klarich Today
If you or someone you love has been accused of indecent exposure, you should contact the experienced indecent exposure lawyers at Wallin & Klarich right away.
Our skilled and knowledgeable criminal defense lawyers at Wallin & Klarich have more than 35 years of experience successfully defending clients facing charges for indecent exposure and other serious sex crimes. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich indecent exposure attorney available near you no matter where you work or live.
Call our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.