Indecent Exposure – CPC 314

Indecent exposure, more commonly referred to as public indecency, is generally defined as the deliberate exhibition of a person’s private parts in a public place. While many believe indecent exposure to be a minor crime, in California the penalties can be severe, particularly because a conviction will require registration as a sex offender. If you or someone you know has been charged with indecent exposure, seek the assistance of an experienced California indecent exposure lawyer immediately who can begin preparing the appropriate defenses to indecent exposure allegations.

Elements the Prosecutor Must Prove in an Indecent Exposure Case

California Penal Code Section 314 sets forth the elements for this crime, each of which must be proven beyond a reasonable doubt:

  1. An individual exposed his or her naked body;
  2. In a place where other people are present and would likely be offended or annoyed;
  3. With the specific intent to direct public attention to his or her genitals for sexual arousal or gratification.

An experienced California indecent exposure lawyer will tell you that an individual can be convicted of indecent exposure even if the exposure occurred in a private dwelling or building as long as the prosecution can show that the exposure was willful after entering the building or dwelling without anyone’s consent.

Often people are charged with indecent exposure even though they don’t meet the third element—for example, a person who is briefly naked while changing at the beach.  A California indecent exposure lawyer will have strong grounds to get the charges dismissed in such cases.

Potential Penalties for Indecent Exposure

In California, indecent exposure is usually charged as a misdemeanor. A misdemeanor conviction can bring with it a jail sentence for a period up to 6 months in county jail and a maximum fine of $1,000. However, second and subsequent indecent exposure offenses are charged as felonies. A conviction for felony indecent exposure can mean a sentence up to three years in state prison and a fine of up to $10,000.

With both misdemeanor and felony convictions for indecent exposure, the defendant has a lifetime obligation to register as a sex offender pursuant to California Penal Code Section 290.

Contact a California indecent exposure Lawyer

A conviction for indecent exposure will adversely affect your life, your job and your relationships with friends and family. Do not plead guilty before consulting an experienced California indecent exposure lawyer. Daniel V. Cota will fight to get the charges dropped. To schedule a free consultation with a dedicated and experienced California indecent exposure lawyer, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.

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