Believe it or not, a misdemeanor indecent exposure charge is very serious under California law. A conviction on a first offense may not lead to jail time, but it will lead to a lifetime obligation to register as a sex offender. If you or a loved one are accused of indecent exposure in violation of Penal Code 314, it is essential that you understand what you are facing and the consequences.
To prove a violation of Penal Code 314, the prosecution must prove the following:
1) Intentional exposing of genitals. This means that the person accused of the crime exposed his or her bare genitals on purpose. If someome forgot to zip up their fly or forgot to put on a belt and their pants fell down, that may not be “intentional.”
2) The exposing of the genitals must have been in a public area or an area where other people were present and it was likely that they would be “offended or annoyed.”
3) The person exposed their genitals for the purpose of sexually arousing himself/herself, for the purpose of sexually arousing another person or for offending another person or people.
The key element for the prosecution to prove is usually that the person exposed himself or herself for the purpose of sexual arousal or to offend another person.
Although less frequent than it used to be, police still arrest people in locations that are belived to be high traffic areas for prostitution (certain restrooms, areas in public parks, etc). This is especially common in areas where people are believed to gravitated towards for homosexual encounters. In some courthouses, prosecutors are reluctant to file these cases as it can be perceived as bias against the LGBT community. However, in other courthouses, prosecutors do not share these concerns. This is why it is essential to consult a criminal defense attorney with local knowledge of the court in which your case is prosecuted.
If you or a loved one have been accused of indecent exposure, you can call The Law Offices of Jerod Gunsberg at (310) 210-0744 for a free consultation.
