When I see indecent exposure cases, it's usually where someone is having sex in public, exposing private areas, meaning the penis, breasts, or vagina. You can be looking at a criminal record and in danger of possibly having to register as a sex offender, depending on the circumstances.
Another area where I see indecent exposure is people walking around in public with their genitals exposed.
A lot of times, people will try to come up with the defense that they didn't do it on purpose; it was an accident. California Penal Code 314 defines the crime of indecent exposure.
Of course, the police get evidence and information, so that they can block any defenses in an indecent exposure case.
The police, prosecutors, and judges do not like these cases, so if you're charged with indecent exposure, you want to get to an attorney who's been handling these cases for many years and can protect your rights, your freedom, your liberty, and your reputation.
Could I Be Charged With Indecent Exposure If I'm On My Own Property?
If you are out in public and people can see you with your private parts exposed, you can be charged. If someone is in their fenced backyard and their neighbor is spying on them, then the prosecutors are going to have a tough time making an indecent exposure argument because that person has a reasonable expectation of privacy in their own yard.
If your yard is in plain sight, you may have a problem, as far as indecent exposure goes. It depends on the facts and circumstances surrounding the case.
We're looking at what the defenses are for indecent exposure and we're making an informed decision about whether you have a situation where you need to work out a plea bargain with the prosecutors or whether you have a defensible case.
A lot of times, it's going to depend on reasonableness. If you were acting reasonably under the circumstances, you're going to have a strong defense.
What Are The Potential Penalties For An Indecent Exposure Conviction?
Indecent exposure falls under the umbrella of a sex crime. Anytime someone is charged with a sex crime, the biggest concerns are whether they have to register as a sex offender, whether they're going to face prison time, and whether they're going to get a conviction on their record.
If you are convicted of indecent exposure, you are potentially facing having to register as a sex offender. You want to get an attorney who can make the argument to the judge and the prosecutor that whatever behavior you're being accused of is never going to happen again.
You're going to want to get character letters. Get information about your job, your family, and your good record in the past. It could help prevent not only a conviction, but having to register as a sex offender. Your champion is, of course, your criminal defense attorney.
They are going to be the ones speaking on your behalf to the judge, the prosecutor, or even a jury. If it's a situation where you have a defense to the crime, we lay out what the best defense strategies are and we choose what works for your situation. Then, we execute the plan to get the result that you must have.
Is There Such A Thing As Aggravated Indecent Exposure In California?
The perfect example of when indecent exposure will be aggravated and when you're going to be charged with additional crimes is when children are involved. If you're exposing yourself to children, you can expect that the prosecutors and judge are going to believe that this is an aggravated circumstance.
You're going to be looking at them coming down on you and trying to figure out the most serious charge and most serious punishment against you.
Can I Be Charged With Indecent Exposure If Nobody Actually Saw Me Exposing Myself?
Typically, if nobody sees you, you're going to be in a pretty good position to not get charged with indecent exposure. One scenario where you could be charged is if you are exposing yourself in public and it's being captured on video.
That could be a circumstance where the police and prosecutors believe that even though nobody saw you in person, your interests and your thoughts are to expose yourself, and you want someone to see. Depending on what evidence the prosecutors have, they could make an argument that you still intentionally indecently exposed yourself in public.
For more information on Indecent Exposure, a free initial consultation is your best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.