California Indecent Exposure Penalty, Sentencing & Punishment Penal Code 314 PC
Worried about the possible penalties for an indecent exposure conviction in California?
Under California Penal Code section 314, an indecent exposure penalty depends on whether the offense is charged as a misdemeanor or felony.
Misdemeanor indecent exposure penalty and county jail sentence
If you have no prior indecent exposure convictions on your record, the offense will be charged as a misdemeanor. If you are convicted of misdemeanor indecent exposure, you face up to six months in county jail and a maximum fine of $1,000.
Felony indecent exposure penalty and county jail sentence
If you are convicted of a second offense for indecent exposure or have a prior conviction for lewd acts with a minor under California Penal Code section 288, the offense can be charged as a felony. If you are convicted of felony indecent exposure, you face 16 months, 2 or 3 years in county jail and a maximum $10,000 fine.
Sentencing and punishment for aggravated indecent exposure
If you are found to have exposed yourself within an inhabited dwelling, building or trailer coach without consent, you have committed “aggravated” indecent exposure. An aggravated indecent exposure charge is what’s known as a “wobbler,” which means it can be charged as either a felony or misdemeanor depending on the circumstances of your individual case and your prior criminal history. If charged as a misdemeanor, an aggravated indecent exposure conviction is punishable by up to a year in county jail and a maximum $1,000 fine. If charged as a felony, an aggravated indecent exposure conviction is punishable by 16 months, 2 or 3 years in county jail and a maximum $10,000 fine.
Duty to register as a sex offender is the harshest indecent exposure penalty in California
If you are convicted of indecent exposure under California Penal Code section 314, regardless of whether the offense was charged as a misdemeanor or felony, the court will require you to register as a sex offender per California Penal Code section 290. This duty requires you to annually update your registration with a local law enforcement agency for as long as you work, live, or attend school in California. If you fail to register as a sex offender, you can face another criminal charge for violating Penal Code section 290. The stigma of being classified as a sex offender can be devastating for both, your personal and professional life. An experienced attorney at Wallin & Klarich can vigorously fight for your chance to avoid this harmful criminal consequence.
Court options at the time of sentencing for indecent exposure
If you are convicted of indecent exposure, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- Sentence you to one of four terms provided by law:
- Misdemeanor indecent exposure: up to 6 months in county jail
- Felony indecent exposure: 16 months, 2 or 3 years in county jail
- Misdemeanor aggravated indecent exposure: up to a year in county jail
- Felony aggravated indecent exposure: 16 months, 2 or 3 year in county jail
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service, a work release program and attend therapy
- Place you on formal probation and assign you a probation officer
- Order you to register as a sex offender pursuant to California Penal Code section 290
Probation terms for indecent exposure
When you are placed on probation, the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Attend sexual addiction or rehabilitation programs
- Random drug testing
- Random searches of your person or home
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Finding the best California criminal defense attorney experienced in indecent exposure defense at Wallin & Klarich
The sentencing and punishment for indecent exposure in California can be severe and potentially life changing. If you or someone you know has been accused of this offense, you need to contact an experienced criminal defense lawyer who will carefully review the facts and the law to give you the best representation possible. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, West Covina and Victorville, Wallin & Klarich has over 30 years of experience in defending our clients against indecent exposure charges. We will carefully review the evidence against you and help you win your case.
To receive further information about how we can help you avoid an indecent exposure penalty in California, call us today at (877) 4-NO-JAIL or fill out our confidential form. We will get through this together.