SANTA MARIA CRIMINAL DEFENSE ATTORNEY-

INDECENT EXPOSURE – SANFORD HOROWITZ CRIMINAL DEFENSE, P.C.

Indecent exposure in California is prosecuted as a sex crime. As a result, a conviction for this crime can have major consequences. The state defines indecent exposure as the act of willfully exposing your genitals in the presence of a person who might be offended, and intentionally directing their attention to your genitals for the purposes of offending them or sexually gratifying yourself or someone else.

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

In Santa Maria, it can be a crime to intentionally expose your genitals to another person in public. The crime, which is defined in California Penal Code Section 314 PC, can be charged when:

1. You intentionally expose your private parts in public or to another person;
2. That person would be offended or annoyed by this exposure; and
3. Your intended result was sexual gratification or offense.

Your intent behind the exposure is an important aspect of your conviction. If you intentionally revealed yourself to someone for the purpose of sexual gratification or to offend them, you have committed indecent exposure. Although, if you did not intend to do this than you cannot be convicted for the crime of indecent exposure.

The law does not require actual observation of the defendant’s private parts. Rather, the law considers whether a reasonable person should have known the act of exposure would be open to observation by others.

If you enter someone’s home 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.

MISDEMEANOR INDECENT EXPOSURE

Indecent exposure is generally charged as a misdemeanor offense in California. The maximum allowable criminal penalty for a misdemeanor indecent exposure conviction Contains any of the following:

• Six months in a San Diego County jail,
• $1,000 in criminal fines, and
• Registration as a sex offender in the state of California.

FELONY INDECENT EXPOSURE

There are specific situations when actions of indecent exposure can be charged as a felony. You will face felony charges for aggravated indecent exposure if you have prior convictions for indecent exposures and/or break into someone’s house to reveal yourself. A conviction for felony indecent exposure is punishable by any of the following:

• Up to 3 years in a California state prison,
• $10,000 in criminal fines, and
• Registration as a sex offender in the state of California.

MANDATORY REGISTRATION AS A SEX OFFENDER

Indecent exposure is generally charged as a misdemeanor offense in California. The maximum allowable criminal penalty for a misdemeanor indecent exposure conviction Contains any of the following:

• Six months in a San Diego County jail,
• $1,000 in criminal fines, and
• Registration as a sex offender in the state of California.