Sec 314 of the California Penal Code states that the following acts have to be committed to violate the law on indecent exposure:
• Intentional exposure of an individual’s private parts;
• Such act was done in a public area or where other people are present and likely to be offended or annoyed;
• There is specific intent to draw attention to the individual’s genitalia for the purpose of sexual arousal for yourself;
• Or there is specific intent sexually insulting or offending another person or other people.
Broken into specifics, there must be intent to expose one’s self. The exposure done on one’s private parts or bare genitalia is done in a public area where other people are present likely to be offended or annoyed. The said act must be specifically intended to draw attention to the bared genitalia with the purpose of sexual arousal or sexual insult.
The Sec 314 of the California Penal Code is considered as a misdemeanor offense. For a simple misdemeanor indecent exposure, the accused can face up to six months in a county jail with a maximum fine of up to $1,000 and lifetime registration as a sex offender.
When an individual exposes themselves in an inhabited home, trailer coach or building that is entered into without permission, the crime committed is aggravated indecent exposure. The imposable jail time is anywhere from sixteen months to three years in California State Prison. Also, there is an imposable fine of up to $10,000 together with lifetime registry as a sex offender.
For repeat offenders, the misdemeanor charge becomes an automatic felony indecent exposure charge. This occurs when there was a previous conviction for indecent exposure or if there is a prior conviction for Lewd Acts with a Minor under Penal Code 288 PC, the subsequent indecent exposure charge becomes a felony.
Conviction though for an indecent exposure charge requires registration for sex offenders under Penal Code 290 PC. Regardless of its gravity, registration is required. For those convicted of a misdemeanor indecent exposure charge and have a professional license, the conviction may not affect the professional license registration.
There are defenses available to a charge for indecent exposure. Foremost among them is the defense of insufficiency of evidence to prove the each and every element of the crime. You can also claim false accusation or wrongful arrest and this requires the assistance of an expert to protect your rights. Another defense is mistaken identity, where the individual caught is not the one who actually committed the crime.
The commission of the crime of indecent exposure is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.