What You Need to Know About Indecent Exposure Laws in California
Throughout California, indecent exposure charges have been on the rise. In some situations, police officers bait individuals into sexual scenarios just to make an arrest. Although indecent exposure is usually intentional, individuals are often caught up in difficult situations where indecent exposure was accidental. Therefore, many people ask “What counts as indecent exposure?”. Here’s everything you need to know about indecent exposure laws in California.
According to California law, intentionally exposing your genitals to the public for sexual gratification or annoyance is considered to be indecent exposure. Therefore, accidentally exposing your genitals does not count as indecent exposure. Individuals who accidentally exposed their genitalia to the public are protected under California’s indecent exposure laws.
Legal Definition of Indecent Exposure
In California, California Penal Code 314, legally defines indecent exposure as willfully exposing his or her private parts or genitals to anyone with the purpose of sexually gratifying yourself or offending other persons. Concerns with indecent exposure do not only extend in public situations but it can be applied in other circumstances and surrounding as well. As long as the exposure was done willfully and lewdly, the person may be guilty of a misdemeanor.
In order for prosecutors to viably charge you with indecent exposure, three elements must be met:
- You purposely exposed your genitalia
- In the presence of an offended individual or group of persons
- AND that you exposed your genitalia for the purpose of
- Sexually gratifying yourself or someone else
- OR offending someone else
Therefore, individuals who accidentally exposed their genitals to the public are protected under California’s indecent exposure laws.
What exactly is to “expose one’s genitals”?
“To expose one’s genitals”, what does it mean under California Penal Code 314? (To expose one’s genitals) This is very straightforward. To expose one’s genitals is to show bare genitals. The term genitals is strictly applied to the male and female external organs of the reproductive. Breasts and buttocks are not considered as part of indecent exposure under the penal code. Two scenarios that often exceptions to indecent exposure is
- Breastfeeding
While breasts are not considered genitals, showing bare breasts in public with a lewd behavior may violate indecent exposure. However, breastfeeding is a different case. Many countries have laws that exempt breastfeeding in public from indecent exposure. Since 2018, here in the United States, the federal government officially passed a law that made breastfeeding legal in all 50 states! - Urinating in public
What if you drank too much water and decided to pee in some alleyway? The statutes under California law do not explicitly express public urination as a prohibition. It is also very unlikely that you will be charged with indecent exposure for urinating in public. This is due to the fact that it lacks the components required by California Penal Code section 314. Depending on the situation there is a strong defense that your actions do not come from the intention to annoy nor is it lewd behavior. - Celine exposes her breasts in a restaurant in order to satisfy her boyfriend, Danny. Because Celine willfully exposed herself, she can be charged with indecent exposure.
- In order to sexually gratify himself, Jonny stands on a street corner wearing a robe and flashes his genitals at passing females. Because Jonny willfully exposed himself with the purpose of sexual gratification, he can be charged with indecent exposure.
Unviable Scenarios
Jake is swimming in the ocean when he is struck by a huge wave, which rips off his swim trunks. Embarrassed, Jake quickly walks naked to shore, which offends many people. Jake quickly covers himself with a towel. Because Jake did not willfully expose his genitals, he cannot be charged with indecent exposure.
Legal Penalties of Indecent Exposure in California
Although an indecent exposure conviction may be considered a lesser offense, the legal penalties are serious.
First-time offenders are usually sentenced to six months in county jail and ordered to pay a fine of up to $1,000. A second-time offense can lead to a lengthy state prison sentence.
For many, the worst part of an indecent exposure charge is the minimum 10 years duty to register under the California sex offender’s registry.
Indecent exposure charges can lead to a felony conviction. However, indecent exposure is a wobbler offense, meaning that you may be charged as a felony OR a misdemeanor. In the first offense, a person can be charged with a misdemeanor. The second offense can result in being charged with a felony. Additionally, depending on the defendant’s prior criminal history and other circumstances, the defendant may be charged with a felony if the action was an aggravated indecent exposure charge. An ‘aggravated indecent charge’ is when a person has exposed themselves in a private place or building.
Legal Defenses Against Indecent Exposure in California
If you have been charged with indecent exposure, your attorney can argue that
- Your genitals were never exposed
- You did not expose your genitals on purpose
- You were not aware that anyone was present or would be offended
- No one was present or offended
- You are a victim of mistaken identity
Contact Pride Legal
If you or a loved one has been accused of indecent exposure, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
