Indecent Exposure–California Penal Code 314

What is Indecent Exposure?

Indecent Exposure, pursuant to California Penal Code § 314, refers to willfully exposing yourself or your private parts in any public place or in any place where there are people present who might be offended or annoyed by your exposure.

What do the prosecutors need to prove in order to convict me of Indecent Exposure?

If charged with Indecent Exposure the prosecutors will need to prove that you:

1) willfully exposed your genitals in the presence of another person who might be offended or annoyed by your actions and

2) you acted lewdly by intending to direct public attention to your genitals for the purpose of sexually arousing or gratifying you or another person, or sexually offending another person.^[1]

It does not matter whether or not you intended to break the law or cause harm—just that the act was performed on purpose.  In fact, even if no other person actually saw your exposed genitals, you could still be convicted.

In order to be convicted, your genitals must be bare.  This is, if there is a garment or clothing (such as underwear) covering your genitals (even if it is see-through), you should not be convicted of Indecent Exposure.  Female breasts are not considered “private parts”, and therefore exposing them in public should not subject a female to criminal prosecution for Indecent Exposure.

Depending on the case, they may also have to prove that 3) the willful and unlawful act occurred after the defendant had entered an inhabited dwelling (house, building, or trailer) without consent.[2] For example, on a bet, a college student crashes a local sorority party and exposes himself to the guests. The prosecutors would also need to prove that he entered the house without consent.

What can I do to fight a charge of Indecent Exposure?

In order to convict you, prosecutors must prove not just that you exposed your genitals in public, but that you exposed them for a sexually-motivated purpose.  One way to defend yourself is to show that the exposure had nothing whatsoever to do with sexually gratifying or sexually offending anyone.

Another important aspect of this crime is whether or not you were in public, whether you were in the presence of others, and whether you knew other people were present.

Because a conviction of Indecent Exposure requires lifetime registration as a sex offender, many people accused of this crime try to get the charges reduced to Penal Code § 647(a), Lewd Conduct in Public, which is touching oneself or another person in public for a sexual purpose.  Lewd Conduct in Public is a misdemeanor and does not necessarily require PC 290 sex registration.

What is the sentence for Indecent Exposure?

Indecent Exposure can be filed either as a misdemeanor or a felony.  As a misdemeanor, you could be sentenced to imprisonment in the county jail for up to 6 months, ordered to pay a fine of up to $1,000.  Most importantly, you would be required to register as a sex offender under Penal Code § 290 for the rest of your life.

If the Indecent Exposure happened in an inhabited dwelling and you were not permitted to be there, you could be charged with either a misdemeanor or a felony.  For a misdemeanor, you could face jail time for up to one year, and as a felony you could face 16 months to 3 years in the state prison.[3] If you have a prior conviction for Indecent Exposure, you would be charged with a felony (not a misdemeanor) and face up to 3 years in state prison.[4]