An indecent exposure charge can have long-lasting severe consequences on your life. Not only is your freedom at stake but your reputation is also in harms way. If you face indecent exposure charges under PC 314, it is important that you immediately contact an experienced criminal defense law firm.
Prosecution of Indecent Exposure
The prosecution must prove the following two elements in order to convict you of indecent exposure:
- • You willfully exposed your genitals in the presence of another person or persons who might be offended or annoyed by your actions; AND
- • When you exposed yourself, you acted lewdly by intending to direct public attention to your genitals for the purpose of sexually arousing or gratifying yourself or another person, or sexually offending another person
The law disregards what any person who witnesses your allegedly indecent act actually thinks about your act. The law assumes that any witness to your act will be offended or annoyed by your conduct.
Other circumstances may make the charge you face more serious and the punishment you face harsher. For example, you will be convicted of a more serious crime if the prosecution proves the following in addition to the above-mentioned two elements:
- •You willfully and lewdly exposed yourself after you had entered and inhabited dwelling/building/trailer coach without consent
Punishment for Indecent Exposure in California
If you are convicted for PC 314 and have no prior indecent exposure convictions on your record, your offense will be charged as a misdemeanor and you will face up to 6 months in county jail and a maximum fine of $1,000.
If you are convicted of a second offense for indecent exposure or have a prior conviction for lewd acts upon a minor under PC 288, your offense is a felony punishable by up to 3 years in county jail and a maximum $10,000 fine.
If you are found to have exposed yourself within an inhabited dwelling, building or trailer coach without consent, you have committed “aggravated” indecent exposure. An aggravated indecent exposure charge is a “wobbler” meaning that it can be charged as a felony or misdemeanor, depending upon the circumstances surrounding your case and your criminal history. A misdemeanor conviction will subject you to up to a year in county jail and a maximum $1,000 fine. A felony conviction will subject you to up to 3 years in county jail and a maximum $10,000 fine.
If convicted for indecent exposure in California, the court will require you to register as a sex offender and you will be required to annually update your registration with local law enforcement as long as you work, live or attend school in California. Your status as a sex offender will be made public.
California Indecent Exposure Defense Attorney
Wallin & Klarich has been successfully defending clients accused of indecent exposure in California for over 30 years. Our decades of experience allow us to know all the intricacies of indecent exposure law, including all possible defenses.
Our law firm follows a strategic process that allows us to create the most effective defense strategy for your specific case. We start by obtaining a complete summary of all the relevant facts you are aware of surrounding the alleged indecent exposure event. We attempt to interview all witnesses that could potentially be favorable to your defense.
When you face indecent exposure charges under PC 314, you should hire the top quality representation of Wallin & Klarich to fight for your freedom.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.