According to California Penal Code Section 314, deliberately exposing your genitals in any public area to offend someone is a criminal offense as long as this act is done for sexual arousal or to provoke. The penalties for this offense can be severe, including heavy fines, an extended jail sentence, and potentially being registered as a sex offender. You need a strong defense when facing these charges. A strong legal defense strategy to challenge the prosecution’s claims helps safeguard your future.

You can count on the Monterey Criminal Attorney team to do everything possible to achieve your case outcome in your favor. Part of that strategy is helping you understand indecent exposure under California law, the defenses you could use to fight the charges, and the potential penalties if convicted. We explain all these in detail below.

Indecent Exposure Under California Law

Under Penal Code 314, it is a crime to intentionally and lewdly expose your genitals in public. Moreover, under PC 314(2), you also will face charges for indecent exposure if you procure or counsel a person to expose themselves or take part in an exhibition that is offensive to public decency or likely to incite lewd thoughts or actions. Regardless of whether you expose your private parts, you could still face charges for assisting, persuading, or arranging for someone to commit the act.

What Prosecutors Must Prove in an Indecent Exposure Case

Prosecutors must establish certain elements to prove you guilty of indecent exposure. These legal requirements ensure that acts will only result in criminal liability if committed intentionally and for sexual gratification. The elements include:

  1. You Willful Exposed Yourself or Another

You must expose yourself on purpose, not just by accident or unintentionally. The courts will not find you guilty if your exposure was accidental or by mistake.

When addressing whether you acted willfully, courts look at whether you acted consciously, not whether you planned your actions or they were premeditated. It matters if you took a step to expose yourself on purpose. For example, if you take off your clothing to expose your genitals in public, that satisfies the “willful” element. However, if your trousers drop by accident or by no design of your own, you do not fulfill this requirement.

It is necessary to differentiate between the two because only willful actions are covered by this law.

  1. You Exposed Your Private Parts or Those of Another

“Exposure of private parts” is the act of exposing your private parts intentionally. For there to be exposure, the private parts must be exposed to others. Your private parts must not only be uncovered but also observable and not veiled or obscured. This sets indecent exposure apart from instances where clothing may be suggestive but does not fully reveal the private parts. Courts generally look at whether you expose your private parts, even just for a moment, in a context where other people could reasonably see them.

Examples of actions that qualify as exposure include:

  • Taking off your clothes, like lowering your pants, lifting the skirt, or opening the coat so people can see your genitals
  • Moving your underwear or bathing suit to show your genitals, like pulling down your pants while in a park
  • Being fully naked in a public space where your genitalia is visible will be seen as a sexual act if other elements are met, like lewd intent

However, indecent exposure does not apply to situations including wearing tight or revealing clothing that covers the genitals If your private parts are exposed but cannot be seen. For example, if it is completely dark and no one else is there who can see you. However, your intent and the context still matter.

If indecent exposure happens in a location that is likely to be viewed by an onlooker, then the crime can still occur. It can happen even if no one sees the genitals. Prosecutors determine whether a violation occurred based on intent and surrounding circumstances.

The act must be overt and perceptible. In People v. Carbajal (2003), the defendant was in a parked car. He exposed himself, which was deemed indecent exposure because a passerby could see his genitals. Hence, that meets the exposure requirement.

The definition of private parts includes:

  • Genitals
  • Buttocks

To secure a conviction, prosecutors must prove beyond a reasonable doubt that your genitals were exposed. They must prove the physical act of exposure, the exposure of the private parts in particular, and the visibility of the exposure. Courts also require that exposure be intentional and lewd, linking it to the broader context of the charge.

  1. You Exposed Yourself in a Public Place or Presence of Others

A key element of indecent exposure under California law is that the willful and lewd exposure of your genitals must occur in a public place or a location where others are present who may be offended or annoyed. This shows that your behavior has a social context that disrupts public decency. Public places include any area to which the general public has access, including walkways, parks, commercial businesses, sidewalks, beaches, parking lots, and shopping malls. It does not matter if the property is privately owned so long as it is open to the public.

The courts have widely interpreted the definition of public places to include city buses or store interiors, allowing the public to enter freely.

Indecent exposure can be a crime in private locations like a car, home, or apartment if it occurs in a place where you are likely to offend another who can reasonably see you. For example, exposing your genitals through a private home window that a passerby on the public road can see satisfies the “public place” requirement. Similarly, if you expose yourself in a private yard or a driveway, you would meet this criterion if neighbors or pedestrians could view it.

The state must prove that the conduct occurred in public or that others were present who could reasonably see the conduct and be offended by it. The focus is on context, not ownership. If others can potentially see your exposure, even if it is in public or private, you could be charged with indecent exposure.

  1. The Presence of Another Who Could be Offended or Annoyed

The prosecutor also must prove that you displayed your genitals to the offended or annoyed person in a public or private setting. This is closely related to the third element. However, by including a person be annoyed or offended by your action, this definition focuses on whether there was a likelihood that someone in or near the area would be offended or annoyed. It emphasizes the social impact of the act, not just its location.

PC 314 indicates that the exposure does not need to be seen or a complaint filed. It is enough if the situation was such that other people in the vicinity would probably be offended. The reasonableness of the act depends on societal norms and surrounding circumstances.

For example, if you pull your pants down in the park, at least during the daytime, you are more likely to offend more people. However, doing the same act in a deserted area might offend fewer people, but as long as it is accessible, it is still a public place.

Courts consider the time of day, the number of people who regularly frequent the place, and the visibility of the act. This is done so that any act that causes an impact is covered.

  1. Lewd Intent

Lewd intent requires that the exposure be done for sexual arousal or in a manner that would provoke sexual thoughts in others. Courts look at circumstantial evidence to determine whether the intent was lewd. The only way to commit the crime of indecent exposure is by exposing your genitals with a ‘lewd’ intent.  This differentiates indecent exposure from mere nudity or accidental exposure. When there is a purposeful, sexual, or provocative intent behind the crime, it is a crime.

The California Supreme Court made it clear in People v. Archer (2002) that “lewdly” requires “a conscious intention.” In other words, you must act to achieve one of the prohibited results:

  • Sexual arousal
  • Sexual gratification, or
  • Obscene affront

This is important because it limits the behavior covered by the statute to that which has a sexual or provocative purpose and not acts that are accidental in nature or not sexual. For example, if you urinate in public and your genitals are exposed, that might not be a violation of the law unless you do so to annoy others or for sexual gratification or arousal.

On the other hand, if you deliberately show your genitals to passersby, like flashing, this will meet the ‘lewdly’ requirement. Courts often look at what you do before, during, or after the exposure to determine intent.

The law does not punish reckless disregard or accidental exposure. Instead, it concentrates on deliberate acts intended to stimulate or insult others. It is important to show lewd intent to differentiate between indecent exposure and innocent nudity like changing clothes or sunbathing. So, to prove lewd intent, prosecutors must show that your actions had a specific purpose that was sexual or provocative.

Defenses You Can Use to Fight the Indecent Exposure Charges

A lawyer is necessary for defense against a charge of indecent exposure. An experienced criminal defense lawyer can dispute these parts and come up with a plan to aim for a dismissal, charge reduction, or acquittal. Some typical defenses lawyers employ in indecent exposure cases are:

  1. Lack of Willful Exposure

If your exposure was accidental, like a wardrobe malfunction or an unforeseen event like a towel slipping, your lawyer can argue that there was no intent. The prosecution must prove that the exposure was intentional. If the evidence demonstrates it was not, the charge will fail. Statements from witnesses or video evidence could prove that you did not act intentionally.

  1. You Were Not in a Public Place or Where Others Were Present

Your lawyer might put forth an argument claiming that the exposure was not in a public place or where others were. If the act happened at a private residence, a secluded backyard, or some other place where others cannot reasonably be expected to see you, it may not be considered indecent exposure. Photographs, blueprints, or testimony could support this argument.

  1. No Likelihood of Offense or Annoyance

Even if an exposure took place in a public place, your lawyer could argue that no one was likely to be offended. The prosecution must prove the act was likely to cause annoyance or alarm. If it was done in a secluded place, like an empty park at night, this may be difficult. Given the circumstances, the courts will assess this matter objectively and consider a number of factors in doing so, and this could support your defense.

  1. Absence of Lewd Intent

The prosecutor must prove that you did it with lewd intent or to cause lewdness, which means sexual arousal, or sexual gratification, or for the purpose of offending someone. If you were urinating in public out of necessity or changing your clothes with no sexual desire, your attorney can make the case that the act was not inflammatory or sexual.

In People v. Archer (2002), 98 Cal.App.4th 613, the courts pointed out the difference between innocent acts and acts with lewd intent. If there were no gestures or statements that could be interpreted as suggestive in nature and your attorney would argue that you did not target the victim, the argument can be made to the court that you did not have any lewd intent or purpose.

Penalties for Indecent Exposure

In California, if you are found guilty of indecent exposure, the penalties will vary depending on if it was a first offense, a second offense, or other aggravating circumstances, including happening in an inhabited dwelling. You also have to register as a sex offender, and you face serious consequences for failing to do so.

A first offense of indecent exposure is a misdemeanor, and a penalty of wrongdoing will lead to:

  • Up to six months in jail
  • A fine of up to $1,000
  • Probation or non-custodial penalties based on the case

You could also face Penal Code 290 registration as a sex offender for at least ten years. A first-time offense will put you in Tier 1 of California’s sex offender registry. The tier system classifies offenders by severity and risk of recidivism under Senate Bill 384. You could petition for removal after 10 years if you meet eligibility criteria. However, sex offender registration can still involve disclosing your details on the Megan’s Law website, and this information is public. Furthermore, a sex offender tag involves restrictions on residency or employment.

A second conviction for indecent exposure is a wobbler, which can face a misdemeanor or a felony charge. Misdemeanor charges could result in:

  • Up to 6 months in the county jail
  • A $1,000 fine, and
  • Continued sex offender registration, which can end up in a higher tier

If the charge is a felony, you can be:

  • Sentenced to up to three years in state prison under Penal Code Section 1170(h)
  • Fined up to $10,000, and
  • You will have to register as a sex offender for life as a Tier 3 offender

If you expose yourself after unlawfully entering an inhabited dwelling, like breaking into someone’s home and showing your genitals, the crime is automatically a felony, regardless of your prior record. An inhabited dwelling is a house, apartment, or mobile home used for habitation. If you are found guilty, you may face:

  • 3 years in state prison
  • A $10,000 fine
  • Tier 3 sex offender, which imposes a lifetime registration

Failing to register is a crime under Penal Code Section 290.018, which is a separate crime. If you are convicted of a misdemeanor as your underlying conviction, failing to register is also a misdemeanor and is punishable by:

  • A jail term of up to one year
  • A fine of $1,000

If the offense that led to your registration requirement is a felony, then failing to register is also a felony.  You may face:

  • A state prison sentence of up to three years
  • A fine of $10,000

The courts can grant you probation instead of jail or prison time. This is more common with misdemeanors. If this happens, you must comply with all the court conditions. These could include:

  • Doing community service
  • Attending counseling, or
  • Following stay-away orders

However, sex offender registration remains mandatory.

The Impact of a Conviction on Your Professional License

Other than the criminal penalties, a conviction for indecent exposure could affect your professional license. Licensing boards like the Medical Board of California, Board of Registered Nursing, Commission on Teacher Credentialing, California Bar Association, and Department of Real Estate require licensees to report criminal convictions, particularly sex offenses, often within 30 days. Under Business and Professions Code Section 490, these boards can discipline you if the conviction involves a crime of moral turpitude or if the crime affects public safety. Since indecent exposure is a sex offense and you must register as a sex offender. This case will prompt boards to investigate whether you are still qualified to practice.

Penalties for disciplinary actions differ by profession but include:

  • License suspension or revocation
  • Probation with restrictions like supervision, ethics training, or
  • Fines

When determining action, boards will consider the nature of the offense, the ethical obligations of your profession, and rehabilitation evidence.

For example, Business and Professions Code Section 2236 provides for the suspension or revocation of a physician’s license, while Education Code Section 44421 makes automatic revocation of a teacher’s credential the consequence of indecent exposure, which is a disqualifying sex offense.

A misdemeanor conviction does not mean you will not be subjected to professional discipline, although the penalties are likely less serious than those for a felony conviction. The licensing boards consider each matter separately, looking at:

The specific type of offense committed and its relevance to professional duties per their policies

  • A clean prior history
  • Evidence of rehabilitation
  • Mitigating factors

For example, the California Bar Association may seek probation with ethics courses for a first-time misdemeanor conviction if the incident is isolated and not aggravated. Similarly, a nurse can receive suspension instead of full revocation under Business and Professions Code Section 2761 if the misdemeanor does not involve aggravating factors. However, the mandatory Tier 1 registration provides little relief against licensing since it is considered a significant public safety issue. In areas where ethics are essential, educators could be disqualified for a conviction under the Business and Professions Code containing terms directed under Education Code Section 44010 if the conviction is for a sex crime. Likewise, indecent exposure is a sex crime under the California Education Code.

Having to register as a sex offender, a Tier 1 for a misdemeanor, and a Tier 3 for a felony further complicates professional discipline. Your status in the registry is an indicator of continuing public safety risk. Licensing boards often impose stiffer punishment, making maintaining or renewing a license difficult.

Since these consequences could be long-lasting, your lawyer will focus on having the case dismissed or negotiating a plea to a non-sex charge so that you do not lose your job. In most cases, you could have to agree to plead guilty to disorderly conduct under Penal Code Section 647, which has no sex offender registration requirement if you agree to it.

Find a Criminal Defense Attorney Near Me

Indecent exposure is not just a simple mistake. It can instantly turn into a complex legal issue with far-reaching consequences. What may seem like a momentary lapse can lead to a criminal record, sex offender registration, jail time, and even the loss of your professional license. 

At  Monterey Criminal Attorney, we are ready to defend your rights. With our experience, we will work to challenge the criminal charges to safeguard your reputation and career. Contact us at 831-574-1791 for a case evaluation and further assistance.