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. Depending on the circumstances, you can be looking at a criminal record and in danger of possibly having to register as a sex offender sex offender, depending on the circumstances.
Another area where I see indecent exposure is people walking around in public with their genitals exposed.
Often, 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 to 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. You can protect your rights, freedom, liberty, and reputation.
Could I Be Charged With Indecent Exposure If I'm On My Property?
You can be charged if you are out in public, and people can see you with your private parts exposed. Suppose someone is in their fenced backyard, and their neighbor is spying on them. In that case, the prosecutors will have a tough time making an indecent exposure argument because that person has a reasonable expectation of privacy in their 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. 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 most significant 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 may face 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 a conviction and having to register as a sex offender. Your champion is, of course, your criminal defense attorney.
They will 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 you must have.
Is There Such A Thing As Aggravated Indecent Exposure In California?
The perfect example of when children are involved is when indecent exposure will be aggravated and when you're going to be charged with additional crimes. If you're exposing yourself to children, you can expect the prosecutors and judge to believe that this is an aggravating circumstance.
You're going to be looking at them coming down on you and trying to figure out the most severe charge and most serious punishment against you.
Can I Be Charged With Indecent Exposure If Nobody Saw Me Exposing Myself?
Typically, if nobody sees you, you're going to be in a pretty good position not to 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 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 expose yourself in public.