Indecent Exposure Laws in California
December 5, 2024 | Ahmed & Sukaram, Criminal Defense Attorneys
Indecent exposure could result in a criminal charge in California. The criminal penalties could be severe, and a conviction could result in collateral consequences that impact numerous aspects of your life. If you are charged with indecent exposure, talk with a criminal defense attorney immediately about your options for a legal defense.
Overview of Indecent Exposure Laws in California
California law prevents people from exposing their naked bodies or genitals in most public places. California Penal Code §314 defines the crime of indecent exposure as someone who:
- Exposes their person or private parts in any public place or somewhere people are present that would be annoyed or offended by the conduct; OR,
- Assists, counsels, or has someone expose themselves to public view in a manner that would be offensive to decency or cause lewd or vicious thoughts or acts
Indecent exposure laws are enacted to protect the public from offensive and inappropriate behavior. Making the act a crime helps deter people from engaging in it.
Proving the Elements of Indecent Exposure for a Conviction
The prosecutor must prove each of the elements to obtain a conviction for indecent exposure. First, the act must be willful. You must have exposed yourself willingly, which means on purpose. Accidentally exposing yourself, such as having a wardrobe malfunction, is unlikely to meet the “willfully” requirement of the crime.
Exposing yourself means showing your naked body or private parts. Private parts mean your bare genitals. The exposure must occur in public or in the presence of someone else.
In addition to exposing yourself, you must have intended to draw attention to your genitals, buttocks, or breasts (if you are a woman), or your conduct must reasonably suggest an intent to do so. However, you still may be convicted of indecent exposure even if no one actually saw your genitals. The requirement is that you “intended” to draw attention to them.
Finally, you must have a lewd purpose for exposing yourself. Lewd can mean you intend to have sexual gratification, arouse or gratify someone else’s sexual desire, or sexually offend someone.
What Are the Penalties for Indecent Exposure in California?
Indecent exposure is a wobbler offense. You can be charged with a felony or a misdemeanor, depending on the facts of your case.
Typically, the penalties for a misdemeanor indecent exposure conviction include:
- Up to six months in county jail
- A maximum fine of $1,000
- A minimum 10-year requirement to register as a sex offender
An indecent exposure charge becomes a felony if you have a prior conviction for lewd acts with a minor or indecent exposure. The penalties for felony indecent exposure include:
- From 16 months to three years in state prison
- A maximum fine of $10,000
- A minimum 10-year requirement to register as a sex offender
Aggravated indecent exposure is the charge for someone who exposes themselves in an inhabited building, trailer, or home that they entered without permission, which may be prosecuted as a misdemeanor or felony offense. The maximum jail sentence for misdemeanor aggravated indecent exposure increases to one year.
Potential Defenses to Charges of Indecent Exposure in San Jose, CA
A sex crimes defense lawyer can analyze the evidence in your case to determine the possible defenses. Potential defenses to indecent exposure include, but might not be limited to:
- Lack of Intent: You did not intend to expose yourself in a lewd or willful manner in public.
- Insufficient Evidence: The prosecution does not have sufficient evidence to prove each element required for a conviction beyond a reasonable doubt. Your attorney must attack the evidence to create reasonable doubt.
- Albi: You have an alibi for the time and date of the alleged defense.
- False Accusations: There is evidence that the alleged victim is making a false accusation.
- No Witnesses: The exposure occurred in a place where it was highly unlikely that you would be seen or that someone would be present.
Do not answer questions for the police without an attorney present if you are arrested for indecent exposure. You may want to tell “your side of the story,” but that could make defending you against the charges more difficult.
Contact our Sex Crimes Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our sex crimes law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500