Indecent exposure in public or semi-public place

Tragically, too many believe it is a minor crime punishable by a slap on the wrist. Consider this: If convicted, you could be required to register as a sex offender for the rest of your life.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing serious misdemeanor and felony charges throughout Orange County and the Los Angeles area, including Ontario-Rancho Cucamonga.

In order to be charged with indecent exposure in Santa Ana, your actions must be designed to create sexual arousal in you or someone else. Inadvertent exposure at the beach, or being caught having sex in your car should not result indecent exposure charges.

However, that does not mean you won’t be charged by overzealous law enforcement. Regardless of the circumstances, defending yourself against such charges is critical to protecting your rights.

Indecent Exposure Defense in Santa Ana (P.C. 314)

While typically charged as a misdemeanor, indecent exposure may also lead to felony charges. In either case, the sexual offender registration requirements upon conviction can be devastating – putting a defendant in company with convicted rapists and pedophiles.

Also referred to as public indecency, a charge of indecent exposure alleges that you exposed yourself with lewd intent. Some cities have tried to go further but an experienced sex crimes defense attorney can seek to have such charges invalidated in the event the local ordinance is more severe than state law.

And of particular importance to a defense is that the law requires more than a defendant’s exposure of genitalia for conviction:

  • Exposure must be specifically meant to draw attention to genitalia.
  • Exposure must occur in a public area.
  • Exposure must be likely to defend or annoy others.

Thus mere nudity is not enough to satisfy the law and earn a conviction. Public urination or sunbathing on a secluded beach, for example, do not meet the statute requirements for a conviction on a charge of indecent exposure.

Penalties for Violation of California Penal Code 314

Those convicted of indecent exposure may face the following penalties:

  • Up to 6 months in jail.
  • Up to $1,000 fine.
  • Lifetime sex offender registration requirements under P.C. 290

A case of aggravated indecent exposure may result when a defendant exposes himself in a building or dwelling he enters without permissions. In such cases, the maximum misdemeanor penalty increases jail time to one year. Such incidences may also result in felony charges, which can result in incarceration in California’s state prison system for up to 3 years.

Those who face a repeat offense, will automatically face felony indecent exposure charges.

If you are facing charges of indecent exposure in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights. Our Southern California Criminal Defense Team represents defendants in North Justice Center, Harbor Justice Center, Central Justice Center, Van Nuys Court, Temple Street Court and in courts throughout Southern California.

Orange County Criminal Defense – 888-529-2188