Indecent Exposure Law in California - Penal Code 314 PC
The act of indecent exposure in the State of California under Penal Code 314 PC, can be charged when an individual “Exposes their person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby… is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts.”
if you or a family member is facing criminal charges for indecent exposure, you will need to consult immediately with a Los Angeles criminal defense lawyer to review your case and legal options.
As a misdemeanor, this act is punishable by up to 6 months in jail and a $1,000 fine as well as having to register as a sex offender. Although this act is a misdemeanor, repeat offenses of it are charged as a felony and punishable by up to a year in prison.
If an individual has earlier convictions of lewd and lascivious molestation of a child, their first offense of indecent exposure could be bumped up to a felony.
Elements of the Crime for PC 314 Indecent Exposure
It's a crime to intentionally expose your genitals to another person in public. Penal Code 314 PC can be be charged in situations when the elements of the crime at met:
- You intentionally exposed your private parts in public or to someone else
- The person would be offended or annoyed by you exposing yourself
- Your intent was sexual gratification or offense
It's important to note that your motivation to expose yourself is a critical element of the crime. By law, you must have intentionally exposed yourself to someone else for the purpose of sexual gratification or to offend someone.
If the prosecutor can't prove intent, you can't be convicted for indecent exposure.
However, it's also important to note that indecent exposure laws are broad and can apply to a variety of situations. This would include a situation where you become engaged in sexual acts in view of the public. If the reason for your exposure is sexual gratification, you could be facing criminal charges for indecent exposure.
Contact us For Help
If you have been charged the sex crime with indecent exposure contact with a knowledgeable criminal defense attorney is imperative in order to take action that could potentially mitigate the charges.
Being arrested for indecent exposure has a social stigma attached to it that can harm your reputation and employment. However, there are actions that a skilled criminal defense attorney with Cron, Israels & Stark can take to attempt to have the charges dropped or reduced to a lesser crime that doesn't have the same stigma and ramifications as an indecent exposure conviction.
Part of our investigation will revolve around the exposure; what was exposed, was the exposure an attempt to sexually excite or offend. These are questions that need to be asked to get to the bottom of the charges and decide on a plan of defense.
For instance, if there was an exposure, but there was obviously no intent to excite, as in an accidental exposure or exposure for another purpose, an attempt could be made to have the charges dropped or reduced. No charges should be taken lightly.
In the case of indecent exposure, fast action on your part to contact our office and get things in motion could save heartache and embarrassment. Call our office today for an appointment.
Related: Lewd Conduct in Public