Indecent Exposure Defense in CaliforniaCalifornia Penal Code § 314
Free Consultation.What Is Indecent Exposure in California?
California Penal Code § 314 makes it a crime to willfully and lewdly expose your private parts in a public place or in any place where there are other persons to be offended or annoyed. The key element is that the exposure must be lewd — meaning it was done for the purpose of sexual gratification or to offend others. Accidental or innocent exposure does not qualify. Despite being a misdemeanor on the first offense, a conviction requires sex offender registration, making it a charge that must be fought aggressively.
Penalties for Indecent Exposure
A first offense under PC 314 is a misdemeanor punishable by up to 6 months in county jail and a fine up to $1,000. However, if you have a prior conviction for indecent exposure or certain sex offenses, the charge becomes a felony punishable by up to 3 years in state prison. If the exposure occurred by entering an inhabited dwelling or trailer coach without consent, it is automatically charged as a felony.
Sex Offender Registration
Even a first misdemeanor indecent exposure conviction requires mandatory sex offender registration under PC 290. Registration requirements significantly impact where you can live, work, and travel, and the information appears on publicly accessible databases. Avoiding registration is one of the most important goals in defending these charges.
Defenses to Indecent Exposure
The strongest defenses include arguing the exposure was accidental or lacked lewd intent, the alleged victim is mistaken about what they observed, the location did not constitute a public place or a place where others would be present, and challenging the credibility of the witness. Many indecent exposure cases involve single witnesses and no physical evidence, making thorough investigation and credibility challenges essential.
Contact Virtuoso Law
An indecent exposure charge can follow you for life through sex offender registration. Call (833) 666-5245 for a confidential consultation — available 24/7.