What Is Considered Indecent Exposure?
In California, indecent exposure is when a person exposes his person, or the private parts thereof, in any public place where other people are present and could be offended.
Depending on the circumstances and on your criminal record, indecent exposure can be charged as either a misdemeanor or a felony. In either scenario this charge carries with it a lifetime sex offender registration requirement. A California indecent exposure charge can come with consequences that can affect the rest of your life.
California Penal Code Section 314 — California’s law on indecent exposure defines the offense as willful exposure of one’s genitals to another person, for the purpose of either gratifying oneself or offending the other person.
To prove that you are guilty of “indecent exposure,” the prosecutor has to prove the following facts or elements1:
The defendant willfully exposed his/her genitals in the presence of another person or persons who might be offended or annoyed by the defendant’s actions2; and the exposure cannot be accidental. It has to be willful or intentional.
Two men were walking down the Halloween parade dressed up as ghosts. One of the men’s costumes fell apart, exposing his genital area to the oncoming parade goers. The man right away tried to fix his costume and felt embarrassed by the mishap. Because the exposure was only accidental rather than willful or intentional, it is not indecent exposure.
Exposure must be of one’s bare genital parts. If you exposed your underwear, this does not qualify as indecent exposure. Also, exposure of bare, female breasts does not qualify, whether it was done for sexual gratification or for a non-sexual reason such as breastfeeding3.
Exposure must occur in the presence of at least one other person who may be annoyed or offended by the exposure. Exposing yourself even in a public place when no one is around likely does not constitute indecent exposure ((Affront Must Be Sexual. In re Dallas W. (2000) 85 Cal.App.4th 937, 939 [102 Cal.Rptr.2d 493]; People v. Archer (2002) 98 Cal.App.4th 402, 406 [119 Cal.Rptr.2d 783] [“sexual affront” means to sexually insult or offend another person])).
When the defendant exposed himself/herself, he/she acted lewdly by intending to direct public attention to his/her genitals for the purpose of sexually arousing or gratifying himself/herself or another person, or sexually offending another person4. The genitals need not actually be touched to violate penal code 3145.
The following element applies if the willful and lewd exposure occurred after the defendant had entered an inhabited dwelling house/part of a building/trailer coach without consent6.
The most common defenses used to defend against “indecent exposure” charges are as follows:
You could easily become a victim of mistaken identity in a situation where the perpetrator’s face was not seen well if it was dark or if he/she was wearing a mask. A criminal defense attorney will try to convince the court that you were not the perpetrator, especially in a situation where the incident took place in a dark alley or where the perpetrator’s identity was intentionally hidden.
If there is insufficient evidence for a prosecutor to show that you in fact committed the crime of indecent exposure, you cannot be convicted of the crime.
- It was too dark for the victim to clearly identify the perpetrator
- You did expose your genitals but in a secluded area where no one was around to be offended by your act
- Your intent was neither to gratify yourself nor to offend anyone
If you are convicted of “indecent exposure” pursuant to California Penal Code Section 314, you face the following penalties:
|Penalties||1st Offense||2nd Offense|
|Fine||Up to $1,000||Up To $1,000|
|Jail||Up to 6 months county jail||Possible State Prison7|
|Sex Offender Registration||Yes||Yes|
Pursuant to Penal Code Section 647(a), if anyone solicits another person to engage in lewd conduct in any public place or in any place open to the public or exposed to public view, he/she can be charged with this offense. The difference between “indecent exposure” and “lewd conduct in public” is the requirement in the latter offense that the perpetrator actually touches him/herself or another person in public with sexual intent.
The benefit of a lewd conduct plea deal is the ability to avoid sex offender registration.
Says attorney Diana Aizman
If you have been arrested and would like to learn more about what attorneys charge.
If you want to understand why its important to have an attorney represent you.
If you are ready to discuss a pending case with an attorney contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation.
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- California Penal Code Section 314: California’s Penal Code Section 314: Every person who willfully and lewdly, either: 1. Exposes his 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; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year. Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison., California Law [↩]
- Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. Exposing Person Must Have Intent to Expose Genitals. People v. Massicot (2002) 97 Cal.App.4th 920, 926–928 [118 Cal.Rptr.2d 705]. [↩]
- “Private Parts” Means Genitals. People v. Massicot (2002) 97 Cal.App.4th 920, 925, fn. 3 [118 Cal.Rptr.2d 705]; see In re Smith (1972) 7 Cal.3d 362, 366 [102 Cal.Rptr. 335, 497 P.2d 807 [↩]
- It is not required that another person actually see the exposed genitals. Must Expose to Other Person But Other Person Need Not View. People v. Carbajal (2003) 114 Cal.App.4th 978, 986 [8 Cal.Rptr.3d 206]. [↩]
- Lewd Intent Does Not Require That Genitals Be Touched. People v. Rehmeyer (1993) 19 Cal.App.4th 1758, 1766 [24 Cal.Rptr.2d 321]; see People v. Meeker (1989) 208 Cal.App.3d 358, 362 [256 Cal.Rptr. 79] [↩]
- A house/part of a building/trailer coach is inhabited if someone uses it as a dwelling, whether or not someone is inside at the time of the alleged indecent exposure. Inhabitation Defined. See Pen. Code, § 459 [in context of burglary]. [↩]
- Penal Code 314.2 – Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. California Law [↩]