Do I Have To Register as a Sex Offender for Indecent Exposure?

California has some of the strictest sex offender requirements in the country, and indecent exposure is a crime that can result in mandatory registration. Indecent exposure is defined as willfully exposing your genitals to someone else without their permission.

While the legal punishment may not seem like much, registration on California’s sex offender list can be devastating to your life. The following will explain what indecent exposure is and what can happen after being charged.

Indecent Exposure Requires Offending or Annoying Someone Else

A California prosecutor seeking to convict you of indecent exposure must prove that you:

• Willfully revealed your naked genitals;
• In the presence or area of at least one other person who could have been annoyed or offended; and,
• Your intention was to receive sexual gratification, give someone else sexual gratification, or sexually offend another person.

A crucial element of the offense is that a person in your vicinity could be annoyed or offended by the exposure. This means that consensual sexual actions should not lead to indecent exposure charges. There must be someone else who did not want to see your naked body.

Accidentally becoming naked in public will not lead to charges because your conduct was not willful. Additionally, for an indecent exposure conviction, you must have revealed your naked genitals. Any covering, such as underwear or a towel, can help you avoid charges.

Indecent Exposure Is a Misdemeanor

California punishes indecent exposure as a misdemeanor crime. The maximum penalties include:

• Up to six months in county jail;
• A fine up to $1,000; and,
• A minimum 10-year requirement to register as a Tier 1 sex offender.

While the jail time and fine are on the lower end of California’s criminal punishment scale, mandatory sex offender registration is a harsh, life-changing penalty. You will want a skilled criminal defense attorney to fight any indecent exposure charges against you.

How To Avoid Sex Offender Registration

Spending at least 10 years complying with California’s sex offender registry requirements can wreck your life. You may lose your job or professional license, you have to report your address to the state, and you can struggle to find new housing or employment. Your neighbors may also find out details of your conviction, as the registry is public. It is best to avoid ever having to register as a sex offender in California.

If you are charged with indecent exposure, you can only avoid being labeled a sex offender if you are not convicted for a registerable offense. There are multiple defense strategies available, including:

• Pleading to a lesser charge that does not require registration;
• Fighting the case on particular points, such as:
• You were not fully naked;
• You did not intend to offend someone else;
• You did not know someone who could be offended was able to see you; or,
• It was a case of mistaken identity.

The best course of action will depend on the particular facts of your case, but working with an experienced lawyer is crucial to avoiding sex offender registration requirements. You should seek a skilled criminal defense attorney as soon as you or a loved one is charged with indecent exposure. If the charge occurred in Orange, California, the Chambers Law Firm is ready to help. Contact us at 714-760-4088 or dchambers@clfca.com to schedule a free case evaluation with a member of our legal team.