Indecent Exposure in San Diego
Indecent exposure involves the willful exposure of a person's private parts to another person, motivated by a desire to sexually gratify themselves or offend or insult the other person. Often times indecent exposure charges result from a simple misunderstanding, this leads people to believe that the case will be easy to resolve. However, the reality is that this offense is considered a sex crime and as such could result in the accused registering as a sex offender for life. This makes indecent exposure charges actually quite complicated. If you are facing charges for indecent exposure, you will need an experienced sex criminal lawyer in order to avoid this detrimental consequence. At Monder Law Group we handle these type of cases all the time in San Diego, we know how they are charged, prosecuted, and successfully defended. Don't risk your reputation, for the best legal scenario possible call Attorney Vik Monder now at (619) 405-0063.
Understanding Penal Code Section 314
In consideration of the seriousness of indecent exposure, California has criminalized it under Penal Code section 314. Under this law, “Any person who willfully and lewdly either exposed his person or the private parts thereof, in any public place or in any place where there are present other persons to be offended or annoyed thereby; or procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor."
Acting deliberately or on purpose.
With the purpose of arousing the libido or sexual interest of self or the person toward which the action is directed.
Basically, to convict someone of PC 314, the prosecutor must prove each of the following elements:
- The defendant willfully or purposefully exposed own private parts;
- The defendant did so in the presence of someone who might be offended or annoyed;
- The defendant acted with the intent to direct attention to private parts;
- The defendant intended to sexually gratify self or someone else;
- Or the defendant intended to sexually offend another person.
Indecent Exposure is a Misdemeanor
Misdemeanor Indecent Exposure Penalties
- A maximum sentence of 6 months in county jail;
- A fine of up to $1,000;
- Informal probation;
- Lifetime duty to register as a sex offender.
Implications of PC 290 for Indecent Exposure
Penal Code section 290 requires anyone convicted under Penal Code section 314 for indecent exposure to register as a sex offender in California. Sex offender registration is a lifetime duty that requires a person to provide local law enforcement agencies with a head shot, known aliases, general description, latest address, and details of the offense and conviction. Also, a registered sex offender will have to update this information with DOJ annually, within five working days of their birthday and each time they change residence, within five days of the move. All of this information goes on a registered sex offender database that is published by the California Department of Justice on Megan's Law web site. Megan's Law web site gives the general public access to the registered sex offender's information. The Sex Offender Tracking Program will be responsible for updating a registered sex offender's information on the web site daily, keep track of the next required update, and if a registered sex offender is in violation notify the public that the sex offender registrant may pose a risk. Moreover, it is important to note that failing to register as a sex offender will result in additional felony charges against you. This is not a way to live your life. If you are facing charges for indecent exposure, contact experienced criminal defense attorney Vik Monder at (619)405-0063 so that he can help you avoid this detriment at all costs!
Enhancements for Indecent Exposure
- If a person commits indecent exposure after having entered without consent an inhabited dwelling house or the inhabited portion of any other building, misdemeanor indecent exposure will be punishable by imprisonment in California state prison or in the county jail not exceeding one year.
- If a person has a second conviction for indecent exposure, felony indecent exposure will be punishable by imprisonment in California state prison.
- If a person is convicted for the first time for indecent exposure but has a previous conviction for lewd acts with a child or child molestation, felony indecent exposure will be punishable by imprisonment in California state prison.
- False Allegations; you never exposed yourself.
- Accident; you accidentally exposed yourself.
- Lack of Intent to Offend or Gratify; you weren’t aware that anyone was present that would get offended.
- First Amendment; right of artistic performance or expression with a non-obscene intent or value.
If you or someone you know is facing misdemeanor indecent exposure charges and failure to register as sex offender, it is important to realize that this offense is still considered a sex crime. Sex crimes carry the heavy burden of the requiring one register as a sex offender for life.The public has access to check the registry and your friends, family, future employers and colleagues would have access to this information. Your life could be ruined, you would face humiliation as you would have to list this for any job, lease agreement, or employer that requires you disclose if you are registered as a sex offender. A single charge can have serious consequences that can ruin your life! It is crucial that you take action as soon as possible and contact indecent exposure attorney Vik Monder right away in order to prepare your best defense. Monder Law Group has the experience and team of experts and private investigators that together will fight for your life.