Lompoc Criminal Defense Attorney-
Indecent Exposure – Sanford Horowitz Criminal Defense
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.
elements of the crime
To convict under Penal Code §314(1), the prosecutor must prove the following beyond a reasonable doubt:
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
IN THE PRESENCE OF ANOTHER INDIVIDUAL
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
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
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
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.
Indecent Exposure Penalties
SIMPLE INDECENT EXPOSURE FOR FIRST TIME OFFENDERS
AGGRAVATED INDECENT EXPOSURE
If you are charged with a misdemeanor aggravated indecent exposure, you face the same penalties as above with the exception of an increased jail sentence of 1 year. If you are charged with a felony aggravated indecent exposure, you face 16 months, 2 years, or 3 years in the California state prison, a fine up to $10,000, and a requirement that you register as a sex offender.
INDECENT EXPOSURE AND REPEAT OFFENDERS
MANDATORY REGISTRATION AS A SEX OFFENDER
FIGHTING AN INDECENT EXPOSURE CHARGE
- You didn’t intend to arouse or offend.
- You mistakenly exposed yourself.
- You didn’t attempt to direct public attention to yourself.
- You believed you were in private.
- You have been falsely accused.
- Violations of your Constitutional rights.
If you are facing a charge of felony indecent exposure, Santa Barbara County defense attorney Sanford Horowitz Criminal Defense knows the law and the best strategies for your defense. We have extensive experience representing clients throughout the Santa Maria area and want to help you understand the charges you are facing as well as what your rights are under the law. If you’d like to schedule a consultation about your case, call 805-452-7214 or fill out this contact form.
INDECENT EXPOSURE FAQ’S
CAN INDECENT EXPOSURE BE EXPUNGED FROM MY RECORD?
- Probation for the offense has been completed.
- No time was served in state prison for the offense.
- Time was served in state prison but was served in county jail if the crime been committed after implementation of “Realignment” under Proposition 47.