You should know that indecent exposure may be charged as a misdemeanor or a felony.
California Penal Code Section 314 says that anyone who willfully and “lewdly” exposes his genitals in a place where there are other people present would be offended or annoyed by the exposure is guilty of a misdemeanor. The section further provides that a person who exposes himself after having entered an inhabited dwelling, without consent, can be punished by imprisonment in the state prison.
Needless to say, this crime is not just a “silly prank,” but can carry serious repercussions, including state prison confinement. Tragically, conviction of this crime of indecent exposure requires sex offender registration.
What does the prosecutor have to show for me to be convicted?
To prove your guilt for this crime, the prosecutor must show that you
1) willfully exposed your genitals in the presence of (an)other person(s) who might be offended or annoyed by your actions;
2) at the time of exposure, you acted lewdly by intending to direct public attention to your genitals in order to sexually arouse or gratify yourself or another person, or to offending another person sexually.
What can your lawyers do to defend me against this charge?
Based on the facts of your case, we may be able to argue that you did not act willfully when you exposed yourself, that you did not expose yourself on purpose. We can argue that your exposure was not sexually motivated nor did it carry the objective of gratification or to offend others. Further, we can also argue that the person or persons present at the time of the exposure consented to the exposure.
If you are suspected of having committed this crime, or have been arrested for it, call us at 310-375-5858 or e-mail us immediately for your free consultation.. We are standing by to hear your case in person for a free consultation.