SAN LUIS OBISPO CRIMINAL DEFENSE ATTORNEY – INDECENT EXPOSURE

Exposing yourself to others in public can land you in serious legal trouble. The definition of indecent exposure in the California Penal Code 314 PC, occurs when you willfully and lewdly expose your genitals to another person for the purpose of arousal or causing offense, or if you procure, counsel, or assist any person in the act of exposing themselves. In order to be considered indecent exposure, the exposure must occur in public or in the presence of other people who would be offended or annoyed by the conduct.

If you do not fight these 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.

Elements of the crime

Sex offenses, such as indecent exposure, are among the most serious crimes, especially in the eyes of the law. In order for a state prosecutor to get a conviction in your case, they must establish each element of the crime. This means they must prove:

1. The defendant willfully exposed his/her genitals in the presence of another person or persons.
2. The person or persons might be offended or annoyed by the defendant’s actions²; and,
3. The exposure cannot be accidental. It has to be willful or intentional.

Intent and motivation behind the exposure is important. You must have intentionally revealed yourself to someone for the purpose of sexual gratification or to offend them. If this was not your intent than you cannot be convicted for the crime of indecent exposure.

You do not have to be seen to be charged with indecent exposure. The fact is that if you intended for other people to see and took steps to direct another person’s attention to your genitals, it is enough to warrant criminal charges.

If you follow someone into a home or dwell without permission, and expose yourself, you can be charged with aggravated indecent exposure. This crime will be charged as a felony, which carries significantly worse penalties.

Indecent Exposure Penalties

Indecent exposure can be charged as a misdemeanor or a felony offense in Los Angeles. The specific charge you will face will depend on the facts and circumstances of your specific case.

You may wonder what would be considered illegal under Penal Code 314 PC. In California, the following acts would likely be considered to be indecent exposure:

• Streaking across a college campus with the intent to sexually offend others.
• Sitting on a park bench and masturbating as others in the park walk by.
• Flashing a group of people in a crowded bar to arouse them.
• Entering an ex-lovers’ home without permission and exposing yourself with the intent to arouse them.

MISDEMEANOR INDECENT EXPOSURE

A misdemeanor is a criminal offense that is less serious than a felony, though many cases do involve violence to some extent and even death of another person. Indecent exposure offenders will usually face misdemeanor charges. If you are convicted of misdemeanor indecent exposure your penalty may include:

• Six months to one year in a San Luis Obispo County jail.
• $1000 in fines
• A requirement to register with the state of California as a sex offender.

FELONY INDECENT EXPOSURE

Any crime for which you can be incarcerated for more than a year is considered a felony, which is how California distinguishes between misdemeanor and felony criminal offenses. Subsequent or aggravated acts of indecent exposure can be charged as a felony. If you are convicted of felony indecent exposure, your criminal penalty may include:

• 16 months, two years, or three years in a California state penitentiary.
• $10,000 in fines
• A requirement to register with the state of California as a sex offender.

MANDATORY REGISTRATION AS A SEX OFFENDER

Indecent exposure is considered a sex crime under California’s Penal code, carrying the same penalties as many other sex crimes. This includes the requirement to register with the state as a sex offender for a minimum of ten years. When you are registered as a sex offender in San Luis Obispo your ability to work, live, and enjoy the city is limited. In some cases, your child custody or visitation rights may also be rescinded if a court determines that contact with your child is not in the child’s best interest.