California Indecent Exposure Lawyer – Penal Code 314 PC
How To Fight Indecent Exposure Charges
California Penal Code 314 PC prohibits indecent exposure, which is defined as exposing your naked body to other people who would be offended or annoyed by it in a public place. If you are facing indecent exposure charges, speak with a criminal defense lawyer who has experience fighting indecent exposure cases. The sex crimes lawyers at My Rights Law have this experience and are here for you. We can defend you and protect your rights. Call us at (888) 702-8882 or leave a message on our secure contact form to get your free consultation today.
Under California law, you commit indecent exposure by deliberately exposing your genitals in front of someone who would be offended by the indecent acts, and your goal was to gain some sort of sexual satisfaction (in you or the viewer) or to offend the viewer.
To violate California law concerning indecent exposure, the individual exposing themselves must intend to draw attention to their genitals, meaning exposing yourself may not be enough to result in a charge. For example, suppose someone is in an isolated area on a public beach sunbathing in the nude when no one is around. Then someone happens to arrive while the person is asleep. The person likely cannot be convicted of indecent exposure because the person did not intentionally reveal private parts to another person.
What Are The Possible Consequences?
Penal Code 314 PC violations are misdemeanors. The penalties are up to 6 months in county jail, a fine of up to $1,000, and at least ten years of sex offender registration.
If it is not the offender’s first violation and indecent exposure conviction, it is likely, that they will be charged with a felony offense which may result in more severe penalties. All convictions for indecent exposure require the offender to register as a sexual offender regardless of whether they received a felony conviction or misdemeanor conviction.
Once someone is registered as a sex offender, they must abide by certain conditions such as reporting their address and depending on the level of registration and crime. For example, they may not be able to live within a certain proximity of schools or public parks. Failure to follow the conditions of the sexual offender registry may result in a criminal conviction for violating the conditions. Additionally, if you must register and fail to do so, you may be charged with a misdemeanor.
Moreover, if someone is convicted for indecent exposure, they may be penalized by their professional associations or licensing branches. However, there is an exception for misdemeanor indecent exposure in which a professional license cannot automatically be revoked.
Defenses To Indecent Exposure
The court cannot convict the defendant of indecent exposure if there is insufficient evidence to prove that the defendant committed the crime. For example, a defendant cannot be convicted of indecent exposure if the evidence shows one or more of the following:
No one was around for you to offend.
The defendant’s genitals were not fully exposed.
You did not have any intent to obtain sexual gratification.
There were no lewd acts.
Mistaken identity may occur due to memory errors of witnesses. Therefore, the court may dismiss the case if there is evidence that someone else committed the crime rather than the defendant.
In mistaken identity cases, lawyers convince the judge or jury that a defendant was mistakenly identified as an indecent exposure suspect.
Why Choose My Rights Law Criminal Defense Attorneys?
When police arrest you for indecent exposure, it’s not enough to hire an attorney. You want to hire the right attorney—the best attorneys. But you may not know which criteria make a certain attorney your surest bet. Proven case results, client testimonials, and a remarkable reputation from prestigious lawyer-review organizations all suggest you’re in good hands. In our case, My Rights Law has received a perfect 10.0 rating from Avvo, Top Lawyer from Justia, and an “Excellent” rating from AvvoRating. Inland Empire Magazine acknowledged us as Top Lawyers. If you need a lawyer to help you with an indecent exposure charge, call us at (888) 702-8882 or leave a message on our secure form to take advantage of your free consultation today.
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