California penal code 314 prohibits exposing one's genitals willfully in a public area around a person who is likely to feel offended or annoyed. Note that the exposure must have been made with sexual gratification intent for a person to be convicted under this statute. Indecent exposure is a sex crime, and it carries severe penalties.

If convicted of a felony under PC 314, you may face harsher penalties, including a sex offender registration. If you or your loved one is facing charges of indecent exposure in Santa Ana, our experienced and dedicated attorneys at California Criminal Lawyer Group can help you fight the charges. 

Legal Definition of Indecent Exposure

To be charged with indecent exposure in California, there are factors/elements that the prosecutor has to prove beyond a reasonable doubt. They include:

  • You exposed your genitals willfully
  • You did so in the presence of a person who would likely be offended or get annoyed by your acts
  • Your intent was to draw the public's attention to your genitals for either of the following reasons:
  • To sexually offend another person
  • To sexually gratify yourself or another person

Note that the genitals must be fully exposed (either the female or male genitals). Under California law, exposing any other naked part of the body, like female breasts or underwear, does not count as indecent exposure. Below is a clear elaboration of the elements.

Willfully

For you to be convicted for this crime, you must have willfully exposed your genitals. Willfully meaning you did it on purpose; it was intentional. But your intention must not be to go against the law or hurt another person. Exposing yourself accidentally will not count as indecent exposure under California law.

In the presence of a person who would feel offended or get annoyed

The prosecutor has to show that you exposed your genitals in the presence of a person who would get offended or get annoyed. Although this can be challenging for the prosecutor, and as a defendant, you can find a defense strategy from this, the court will usually look at it from the perspective of whether a person in the victim's position would get offended.

Note that the law does not have a specific audience for this element. You will get convicted for exposing your genitals in the presence of an undercover police officer, a young lady, a prison guard, or a person of the same gender.

Intent to draw the public's attention to your genitals

Exposing your genitals in public is not enough to have you convicted under penal code 314. The prosecutor must prove that you had the intent to draw the public's attention to your genitals. Note that even if you expose your genitals in darkness in such a way that no one sees you, you can still be convicted for indecent exposure if you had the intent to draw attention to your genitals.

For sexual gratification or to sexually offend another person

Another element that needs to be proven to be sentenced under penal code 314 is that your purpose of drawing the public's attention to your genitals was for your sexual gratification or another person's or to offend someone else sexually. This might be challenging for the prosecutor to prove since most people will term it as a mooning prank and thus cannot be convicted. However, the prosecutor may try to prove this element, noting that most public genital exposures are connected to sexual desires.

Penalties for Indecent Exposure in California

Although this offense may not seem like a serious offense, it is classified under sex crimes in California, which means it may have long-term impacts on your life. However, if you are a first time offender of indecent exposure, you may face misdemeanor charges and face the following  penalties:

  • Maximum fines of $1,000
  • Six months in county jail
  • Both of the above
  • Informal probation

If facing the same conviction for the second time for the same offense, you will likely be imprisoned in state prison instead of a county jail. After completing your prison time, you will still face misdemeanor charges as a first-time offender. Additionally, you will be expected to register as a sex offender for ten years under California's sex offender registry. The ten years registration period may be extended if you are convicted again for the same crime or another sex crime.

Aggravated Indecent Exposure

If you commit an indecent exposure that is more significant or intense, you will face an indecent exposure charge. Meaning you committed an indecent exposure that was extreme. For you to be charged with aggravated indecent exposure, there are several factors that must be proven. They include:

  • You exposed your genitals willfully (as previously described)
  • You committed the act in a private property, trailer, building, or home
  • You did not ask for permission to enter the private property.

If convicted for aggravated indecent exposure for the first time, you are likely to face the following penalties:

  • Maximum fines of $1,000
  • Detainment in county jail for one year, OR
  •  Both

However, if the jury decides to charge you with a felony for aggravated indecent exposure, you are likely to face harsher penalties like:

  • Maximum fines of $10,000
  • Detainment in state prison for up to three years
  • Registration as a sex offender for not less than ten years

Additional penalties for a felony charge include may include:

  • Loss of your voting rights
  • Loss of your right to own a gun

This may also significantly impact your life, especially when seeking employment or admission to a school.

Note that if you have been convicted for a subsequent time for indecent exposure or have been convicted for lewd acts with a minor before, you will automatically be charged with a felony under PC 314.

The Duty of Registration as a Sex Offender

When convicted for indecent exposure, regardless of whether you are charged with a felony or a misdemeanor, you will be required to register as a sex offender for not less than ten years. Failing to comply with this rule may result in a new charge of failure to register as a sex offender.

This offense is convicted as a misdemeanor if you were required to register after being charged with a misdemeanor for indecent exposure. Likewise, if you were required to register as a sex offender following a felony conviction for indecent exposure, then failing to register as a sex offender will be charged as a felony. Penalties for this offense include:

  • Detainment in county jail for one year or
  • Detainment in state prison for three years (for felony charges)

Some employers/associations discipline their members if they are charged with an offense that requires them to register as sex offenders. For example:

  • Nursing licenses
  • Dental licenses
  • Doctor's board licenses

However, most of these associations do not punish their employees if they have been convicted of a misdemeanor. But if charged with a felony, the employee risks losing their license automatically.

How to Fight an Indecent Exposure Charge in California

The first step to fighting the charges against you is hiring an experienced and dedicated legal team. It is essential to work with a lawyer who has experience handling sex crimes and is familiar with the local court process. Once you present your case to your legal team, they will come up with a defense strategy that works best for your case. Note that cases are different, and the defenses that work best for one person do not mean they will work for another.

Here are some of the defenses that our attorney uses to fight indecent exposure charges:

  • Your exposure was accidental — As stated above, for you to be convicted for indecent exposure, you must have exposed yourself willfully. You can argue that the wind or the actions of another person caused your exposure. For instance, you can't be convicted under this statute if you can prove that you tripped and fell, then the wind blew your dress away, leaving you exposed in public.
  • Your exposure was not sexually related — For you to be convicted under this statute, you must have lewd intent when exposing yourself. However, if you can show that you exposed yourself to make a personal or political statement and not for sexual offense or gratification, your charges may be reduced.
  • Lack of enough evidence — For a defendant to be charged with indecent exposure, the prosecutor is supposed to prove the above-stated elements beyond a reasonable doubt. If there is no sufficient evidence to prove every element, you cannot be charged for indecent exposure. For instance, if the prosecutor's evidence suggests that:
    • You did not act in a lewd manner
    • Parts of your genitals were covered
    • No one was around you

You cannot be charged with indecent exposure under California law if:

  • Mistaken Identity — It is not a wonder that the victim mistakes you for the person who exposed their genitals in public. Perhaps you share the same name as the perpetrator, maybe the crime happened at night, and the victim couldn't fully tell who the suspect was; possibly your view from the back resembled that of the suspect, according to the victim. There are many reasons why your identity could have been mistaken for the perpetrator. It is upon your criminal defense lawyer to convince the jury that it's a mistaken identity.
  • You were out in a public area — You can only be charged with indecent exposure if you expose yourself in a public place like a park or on the streets. However, if you can prove to the court that the acts happened in a secluded area, like in a hidden bush where no one was present, the crime of indecent exposure will not suffice. 
  • You did not know that there was someone in your presence — You can apply the same argument as stated in the previous point. You could not be convicted for this crime if you were out in public.
  • You thought the people present would not get offended — You may have been in a relaxing setting or a political rally, and you believed that those present would be offended by your acts.

Crimes Related to Indecent Exposure

Other crimes are related to indecent exposure under California law. Most of these crimes are charged alongside each other, or a similar act can cause charges of the other offense. Some of these offenses are also related because they carry the same elements that a prosecutor must prove for the defendant to be convicted. They include:

Lewd Conduct With a Minor

California penal code 288 prohibits an adult from engaging in sexual conduct with a child below fourteen years or a child who is either fourteen or fifteen years and has a ten-year gap between him and the adult. This statute is sectioned so that prosecutors can charge each offense differently based on the victim and defendant's age. As a result, lewd conduct with a minor is charged as a wobbler, which means the judge can either charge the offense as a misdemeanor or a felony.

Note that for you to be convicted under this statute, the prosecutor must prove that you willfully touched a minor or forced a minor to touch you with the intent to arouse, appeal, or gratify yourself or the child sexually. The prosecutor must also prove the minors' age, the child's age difference, and the defendant's age.

If charged with Lewd conduct with a minor below fourteen years, you will automatically face felony charges, and the penalties may include:

  • Fines of up to $10,000
  • Imprisonment for up to eight years in state prison, OR
  • Both fines and imprisonment 

If charged with lewd conduct with a child between fourteen or fifteen and ten years younger than you, you may face either a felony or a misdemeanor charge. If charged with a felony, your punishment may include:

  • Fines of up to $10,000
  • Detainment in state prison for three years, OR
  • Both fines and imprisonment

If charged with a misdemeanor for lewd conduct with a minor, your punishment may include:

  • Maximum fines of $1,000
  • Detainment in county jail for one year, OR
  • Both imprisonment and fines

Disturbing the Peace

California penal code 415 prohibits fighting or challenging someone else to fight in public or disturbing other people with unnecessary noise, or using offensive words that can provoke violence in a public area. For you to be convicted under PC 415, the prosecutor must beyond reasonable doubt prove that:

  • You took part in an illegal fight or challenged another person to fight
  •  You maliciously caused disturbance for another person using unreasonable or loud noise
  • You used offensive language in a public area that was likely to cause provocation or violence

This offense can be convicted as an infraction or misdemeanor. A misdemeanor charge under PC 415, is likely to attract the following penalties: 

  • Maximum fines of $400
  • Detainment in county jail for ninety days, OR
  • Both imprisonment and fines

If charged with an infraction, you will not face any probation or detainment. The only punishment that an infraction carries is paying fines. If you are facing a misdemeanor for disturbing the peace, you can use the help of your criminal defense lawyer and possibly reduce the misdemeanor charge to an infraction.

This offense is related to indecent exposure in that they both have the same objectionable behavior in public.

Lewd Conduct in Public

California penal code 647(a)prohibits touching yourself or touching another person sexually in a public place. Note that the touching has to be on either buttocks, breasts, or genitals. For you to be charged with lewd conduct in public, the touching must have happened in the presence of a person who is likely to get offended.

If you are charged with lewd conduct in public, you are likely to face the following:

  • Fines of up to $1,000
  • Detainment in county jail for six months
  • Both imprisonment and fines

Note that for you to be charged with lewd conduct in public, there must be actual touching, just as in an indecent exposure conviction. However, if the facts are correct, you can be charged with lewd conduct in public and indecent exposure. Most defendants charged with indecent exposure always try to fight their charges to be reduced to lewd conduct in public since it is charged as a misdemeanor and does not require registration as a sex offender.

Sexual Battery 

Sexual battery is defined under Ca Penal code 243.4 as when a person touches another person’s private parts with the intention to sexually arouse, gratify, or abuse them or another person without consent from the other party. 

This offense can be charged as a misdemeanor or a felony. It is charged as a felony if:

  • The victim was unaware of the touching since the defendant lied to them that the touching was for professional reasons like a medical check-up. 
  • The victim was restrained illegally.
  • The victim was disabled or medically incapable, or
  • The defendant forced the victim to touch their private parts or masturbate in any of the above situations

If charged with a misdemeanor without aggravating factors, your penalties may include:

  • Maximum fines of $2,000 and $3,000 if the alleged victim was your employee
  • Six months imprisonment in county jail
  • Informal probation for five years, including the following:
    • A batterer’s education program 
    • Community service
    • Tier one sex offender registration for ten years

If charged with a felony, you will likely face the following:

  • Maximum fines of $10,000
  • Detainment for up to four years in California state prison and an additional year if the victim sustained great bodily injury
  • Felony probation
  • Tier three sex offender registration for life

Prostitution and Solicitation

Prostitution and solicitation are defined under PC 647(b) as offering to, encouraging, or engaging in sex for pay. In short, this statute prohibits making an offer to accept or pay money in exchange for any sexual act. Note that you do not have to finish the proposed acts for you to be convicted of prostitution and solicitation. 

This offense is charged as a misdemeanor, and it is considered a priorable charge, meaning the penalties increase as the number of offenses increases. If charged with prostitution and solicitation, you are likely to face the following penalties: 

  • Maximum fines of $1,000
  • Detainment in county jail for one year

A second subsequent charge can lead to additional detainment in county jail for 45 days, and a third subsequent offense can lead to an additional 90 days of detainment. 

Frequently Asked Questions About Indecent Exposure

Learn more about indecent exposure in California with these commonly asked questions.

What can I do if I'm charged with indecent exposure in Santa Ana?

Since this offense is regarded as a sex crime in California, seeking help from an experienced criminal defense lawyer is essential. Remember to do so immediately since your rights are at stake.

With the help of your lawyer, you may be able to:

  • Have your sentence reduced
  • Have your charges dismissed, or
  • Negotiate lesser charges in a plea bargain

Is an indecent exposure charge the same as a conviction?

No. Being charged with indecent exposure is an accusation, and you are innocent until proven guilty. Once you are charged, the court will begin the legal process, and after all the evidence has been provided, the judge will decide whether you are guilty or not. If found guilty, you will be convicted of indecent exposure. In other terms, a conviction only happens once you are found guilty of the crime.

Find a Santa Ana Criminal Defense Attorney Near Me

If you are facing indecent exposure accusations, it is essential to reach out to a skilled criminal defense attorney to help you fight for your rights and protect your reputation. Our experienced and dedicated attorneys at California Criminal Lawyer Group in Santa Ana are ready to help you fight the accusations to try and get the best possible outcome. Contact us today at 714-844-4151 for exceptional and confidential legal services.