Many California criminal statutes, such as rape or arson, have titles that appropriately depict the offense. Other laws, on the other hand, appear to be a little hazy. What does it mean, for example, to commit the offense of indecent exposure?
While most of us assume it refers to the traditional “flasher” (a person who displays his or her genitals to another person), may it also apply to other situations? Could you be prosecuted with indecent exposure for something as simple as sunbathing naked in your backyard? Keep reading to get more information and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation from a criminal defense attorney.
What the law says about indecent exposure
The rule against indecent exposure is rather wide — yet does not define the forbidden behavior in very explicit terms. It is illegal under the law to willfully expose your genitals in the presence of someone who might be offended or annoyed and you must intend to direct public attention to your genitals for the purpose of either sexually gratifying yourself or someone else or sexually offending someone else.
Potential consequences for a conviction of indecent exposure
A first-time charge of indecent exposure will almost always be filed as a misdemeanor, with a possible sentence of up to 6 months in county prison and a fine of up to $1,000. A second offense, on the other hand, is a felony that can result in a term to a California state prison.
Furthermore, any conviction for indecent exposure in California would force you to register as a Tier One sex offender for a period of ten years. This might affect your ability to live and work in California, as well as your ability to travel freely throughout the country.
There are defense options for charges of indecent exposure
Because the statute is worded in such a broad manner, your criminal defense attorney can build a number of plausible defenses to this case. The first line of defense is that you did not intentionally expose your genitals. If your skirt flipped up in the breeze or your swim trunks tore, exposing your genitals, your acts were not deliberate (done on purpose) — and hence you were not the perpetrator.
Second, you did not commit the offense if your genitals were not exposed. If someone sees your underwear-covered genitals — or if a female breast is exposed in public — it isn’t indecent exposure (for breastfeeding or other purposes).
Following that, your criminal defense lawyer may be able to demonstrate that you did not expose yourself to anyone who would be offended or upset. You did not, for example, knowingly display your genitals to others if you were in a quiet place, such as your backyard covered by hedges. With the goal to draw public attention to your genitals for the purpose of sexual enjoyment or sexual offense, this also connects into the third aspect.
If you been charged with this crime, contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation.
