Indecent Exposure Attorney in Lompoc

In Lompoc, CA the crime of Indecent Exposure occurs when a person exposes his or her naked body or genitals in front of anyone who could be annoyed or offended by it. While most people think it only happens in public, Indecent Exposure can happen in just about any environment. The exposure, however, must be willful and lewd.

If you are accused of indecent exposure and do not fight the criminal charges you will risk jail time, expensive fines, and the requirement to register with the state as a sex offender. The best way to avoid these consequences is by hiring an experienced criminal defense attorney to handle your case.

A former Prosecutor for the District Attorney’s Offices in Santa Barbara and San Diego Counties, Sanford Horowitz and his legal team will offer you a free consultation, investigate the evidence against you, and recommend practical steps to achieve the best possible results in your case. 

Call us at (805) 749-5670 or contact us online today to set up a free consultation. 

elements of the crime

In California, the crime of indecent exposure falls under the portion of the penal code titled “Crimes Against Public Decency and Good Morals.” It is illegal to expose genitals or buttocks and sometimes breasts.

To convict under Penal Code §314(1), the prosecutor must prove the following beyond a reasonable doubt:

Willfully

You willfully commit indecent exposure when you actually intend to expose your genitals.  If you exposed your genitals accidentally, you cannot be found guilty of code section 314.

For example, imagine that Jim went on a run in his neighborhood and unknowingly ripped his shorts, exposing his genitals, before checking his mail in front of his neighbors. Jim did not commit indecent exposure because he exposed his genitals accidentally, not intentionally.

“EXPOSE” YOUR GENITALS

“Expose” for the purpose of Penal Code section 314 means revealing your bare genitals or buttocks.  You are not committing indecent exposure if you merely showed your underwear, no matter how offended someone else might have gotten by the sight of your underwear.

IN THE PRESENCE OF ANOTHER INDIVIDUAL

If the exposure did not take place in the view of another person who might be offended or annoyed by the exposure, you cannot be found guilty of a PC 314 violation. If you were in an area where you reasonably believed that others would not see you, then the alleged exposure likely would not be considered indecent exposure.

Although the code does not require that another person actually see your genitals. They can still convict you of indecent exposure as long as it took place in the presence of another individual, even if that person could not see your genitals.

For example, imagine that Henry exposes himself to his neighbor, Lacey, at a dark movie theatre.  Another neighbor, Jack, notices Henry’s conduct and reports it.  Henry is still guilty of indecent exposure towards Lacey, even though Lacey could not see much of anything in the dark.

OFFENDED OR ANNOYED

Whether the person present was a guard, an undercover cop, or a woman, what matters is whether he or she might have been offended or annoyed by your exposing yourself.

For example, As Jim is sitting in the waiting room of the office, he sees an attractive male walk in.  Jim unzips his pants and attempts to expose his genitals to the young man, who is not at all paying attention to Jack and thus does not see the exposure.

However, a doctor walks by and sees Jim’s exposed genitals.  Jim is still guilty of indecent exposure towards the doctor.  Although the doctor sees male genitals in his profession, he might still be offended or annoyed by Jim’s exposed genitals.

INTENT TO DRAW PUBLIC ATTENTION TO YOUR GENITALS

It is not enough for the prosecutor to prove that you willfully exposed your genitals.  He or she must also prove that you intended to direct other people’s attention to your genitals.

For example, Larry goes to a remote area of a park to sunbathe, thinking that nobody will visit the area. But a couple walks by and sees Larry lying nude with his eyes closed and calls the police. Larry is not guilty of indecent exposure because, while he intentionally exposed his genitals, he did not do so with the intent of drawing public attention to them.

FOR THE PURPOSE OF SEXUALLY GRATIFYING OR AROUSING

The prosecutor must also prove that your actions were to sexually gratify or arouse yourself, sexually gratify or arouse someone else, or sexually offend someone else.

For example, Tim gets into an argument with Harry and pulls down his pants and shows Harry his bare buttocks as a way of insulting him. Tim intended to offend Harry but did not do so with a sexual intent.  This is arguably not indecent exposure.