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Indecent Exposure

Have you been accused of Indecent Exposure in Los Angeles?

California Penal Code Section 314 outlines California’s law against indecent exposure. Pursuant to Penal Code 314 it is a crime to intentionally expose your genitals to another person for the purpose of sexually gratifying yourself or someone else, or to offend another person.

Typically, indecent exposure is a misdemeanor, however aggravating factors can make it a “wobbler” offense. This means that the prosecutor can file charges as a misdemeanor or a felony. This decision will depend on factors specific to your case.

Indecent exposure charges are serious, and a conviction can have devastating consequences. If you are facing charges for Indecent Exposure in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of Indecent Exposure?

CALCRIM 1160 lays out the elements that the prosecutor must prove for you to be found guilty of Indecent Exposure in California. To be convicted of indecent exposure under Penal Code Section 314 the prosecutor must prove beyond a reasonable doubt that you;

  • Willfully exposed your genitals in the presence of another person who may be offended or annoyed by your actions; and
  • When the you exposed yourself you acted lewdly by intending to direct public attention to your genitals for the purpose of sexually gratifying yourself or another person, or to offend the other person.

Lets take a closer look at how the court defines these elements;


Willfully

Willfully means on purpose or intentionally.

Offended or Annoyed

Your intended audience is irrelevant, so long as they may be offended or annoyed by your behavior.

Intent to Direct Public Attention to Your Genitals

Simply exposing your genitals is not enough to be convicted of indecent exposure. It must also be shown that you intended to get the attention of other people. Peeing in a bush, or tanning nude in a remote location are not enough to be convicted of indecent exposure in California.

Sexually Gratifying or Offending

Even if the prosecutor can prove that you exposed your genitals in an attempt to get the attention of other people, that alone is not be enough to convict you of indecent exposure. The must also show that you exposed yourself for sexual gratification, or to offend the other person. For example, mooning someone to amuse them would not qualify as indecent exposure.

Note that it is not required that the other person actually see your genitals for you to be convicted under penal code section 314, so long as you had the required intent.

How can I defend myself against Indecent Exposure charges?

An indecent exposure conviction can seriously damage your reputation and have far reaching consequences. For this reason it is imperative that you hire a skilled criminal defense lawyer.

Some of the most common legal defenses to an indecent exposure charge are;

  • Mistaken identity
  • You were falsely accused
  • You never exposed yourself
  • Your genitals were only partially exposed
  • You did not know that anyone was present who could be offended

Just because you have been accused of indecent exposure does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth to discuss how to best defend your case.

What are the Penalties for an Indecent Exposure conviction?

Under California Penal Code Section 314 a first time indecent exposure conviction is a misdemeanor, and is punishable by;

  • Up to 6 months in county jail
  • 3 years summary probation, and/or
  • A $1,000 fine, and
  • a 10-year (minimum) duty to register as a sex offender pursuant to Penal Code 290.

Aggravated Indecent Exposure

You will be considered to have committed "aggravated" indecent exposure if you expose yourself;

  • In an inhabited building; and
  • you entered the building without permission

If these additional factors are true indecent exposure becomes a “wobbler” offense. This means that the prosecutor can file charges as a misdemeanor or a felony. This decision will depend on factors specific to your case. If filed as a misdemeanor the penalties are the same as detailed above, except the maximum jail term increases to one year. If filed as a felony you face;

  • 16 months, 2 years or 3 years in custody, and/or
  • Felony probation probation, and/or
  • A $10,000 fine, and
  • A 10-year (minimum) duty register as a sex offender pursuant to Penal Code 290.

What if I have a Prior Indecent Exposure Conviction?

You will be charged with felony indecent exposure if;

  • You have previously been convicted of Indecent Exposure under Penal Code 314; or
  • Have a prior "lewd acts with a minor” conviction under California Penal Code Section 288

If either of these are true you will face the same Felony penalties described above.

Does a conviction for Indecent Exposure require sex offender registration?

Yes. Pursuant to California law an indecent exposure conviction requires you to register as a sex offender for a minimum of 10 years under Penal Code Section 290. Failure to register can result in additional criminal charges, which can lead to prison time if you were convicted of felony indecent exposure.

It is important to note that if you are a licensed professional you may be at risk of discipline or losing your license. This is not always the case however, and a skilled attorney will give you the best chance at keeping your license.

What does registering as a sex offender require?

One of the most severe consequences of a sex crime conviction is having to register as a sex offender. Under California Penal Code section 290, certain crimes require lifetime registration as a sex offender. Registration as a sex offender can have a drastic impact on your life, and make it difficult to find housing or employment.

Lifetime registration requires that you register with local law enforcement each year on your birthday, and each time you move. Failure to register, or accurately update your information can lead to additional criminal charges. If convicted you may face additional prison time. Because of the serious consequences associated with a sex crime conviction it is important to have a knowledgeable and experienced attorney on your side.

Contact Los Angeles Criminal defense attorney miles booth

Facing Indecent Exposure charges can be overwhelming. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

Miles Booth will work tirelessly to defend you, and get the best possible outcome in your case. Miles Booth has handled thhousands of cases throughout Los Angeles County and understands the steps necessary to best defend you.

To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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