An indecent exposure conviction will require you to register as a sex offender for 10 years
Many California criminal laws have names that fairly accurately describe the crime, such as rape or arson. Yet other laws seem somewhat vague. For example, the crime of indecent exposure — what exactly does it mean? While most of us could guess that it applies to the proverbial “flasher” (someone who shows his or her genitals to another person), could it also apply to other situations? Could you be charged with indecent exposure in more innocent situations, like sunbathing nude in your backyard?
The answer is a bit complicated, as a Los Angeles criminal defense attorney can explain. The problem lies in the fact that the law regarding indecent exposure is pretty broad — and yet does not describe the prohibited conduct in very specific terms. Under the law, it is a crime 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 (a) sexually gratifying yourself or someone else OR (b) sexually offending someone else.
In most cases, a first-time charge for indecent exposure will be charged as a misdemeanor, with a possible sentence of up to 6 months in country jail and a fine of up to $1,000. However, a second offense is a felony, and can result in a sentence in a California state prison. And more importantly, any conviction for indecent exposure will require you to register as a Tier One California sex offender for 10 years. This can have a significant impact on your ability to live and work in California, or even to move freely about the country.
Fortunately, because the statue is written in such a vague manner, there are a number of potential defenses that your Los Angeles criminal defense attorney can mount to this charge. The first defense is simple: that you did not willfully expose your genitals. If your skirt flipped up in the breeze or your swimming trunks tore, exposing your genitals, then your actions were not willful (done on purpose) — and so you cannot have committed the crime. Second, if your bare genitals were not exposed, then you did not commit the crime. It isn’t indecent exposure if someone sees your underwear-covered genitals — of if a female breast is shown in public (for breastfeeding or other purposes).
Next, your Los Angeles criminal defense attorney may be able to argue that you did not expose yourself to anyone who might be offended or annoyed. For example, if you were in a secluded area, like your backyard that is surrounded by hedges, then you did not willfully expose your genitals to others. This also ties into the third element — with the intent to direct public attention to your genitals with a specific purpose of sexual gratification or sexual offense.
If you were nude for any purpose other than those listed in the statute, such as getting a tan in the privacy of your backyard, then your Los Angeles criminal defense attorney can argue that it was not indecent exposure. Similarly, if you were doing something to be funny — like mooning passing cars — then your intent was not sexual gratification or offense, but to make people laugh. An experienced Los Angeles criminal defense attorney will understand how this law is applied and the different ways that a defense can be mounted based on the facts of the case.
The Chambers Law Firm knows how important it is to put on a strong defense to even seemingly minor crimes like indecent exposure. Being tagged as a sex offender for life can be a hard hurdle to overcome. That is why it is vital to hire a seasoned Los Angeles criminal defense attorney. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
