Beverly Hills Sex Crime Lawyer
You can be charged with indecent exposure in California (Penal Code 314 PC) if you willfully exposed your genitals motivated by a sexual desire to gratify yourself or offend the other person. While this offense might not seem like a big deal, laughable even, it can come with some severe penalties. California Penal Code Section 314 defines indecent exposure as the following,
“Every person who willfully and lewdly either exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive e to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.”
A first indecent exposure conviction is a misdemeanor that comes with a penalty of up to six months in jail and a fine of $1,000. A second conviction is a felony that can land you in state prison. Unfortunately, any violation of Penal Code 314 PC can force you to register as a sex offender.
Defenses that Can Be Used on Your Behalf
When you are being charged with this offense, it is important that you secure aggressive criminal defense on your side immediately. There are a variety of defenses that could be used on your behalf. These defenses include:
- You never actually exposed yourself
- You didn’t realize anyone present would be offended
- Mistaken identity has taken place
We can help you prove that there was no one around for you to offend, that your genitals were partially clothed, that you did not act lewdly and that you did not satisfy all of the requirements to be charged with “indecent exposure” under California law. It is not uncommon for false accusations of indecent exposure to arise. It could have been a misunderstanding or perhaps someone in your life is acting out of anger or revenge with the desire to see you punished. Also, there is First Amendment protection for artistic performances with a non-obscene intent or value. Regardless, we will not rest until we have done everything possible to exonerate you!
What the Prosecution Has to Prove
To be convicted of indecent exposure, it must be proven that you willfully exposed yourself. It also must be proven that you:
- Had an intent to gratify or arouse yourself sexually
- An intent to gratify or arouse someone else sexually
- An intent to offend someone else sexually
You can be charged with aggravated indecent exposure if you exposed yourself in an inhabited home, trailer or building or if you entered a home, trailer or building without permission. If you are convicted of aggravated indecent exposure, you could face 16 months to three years in state prison, be forced to pay a $10,000 fine and be registered as a lifetime sex offender.
If you have been convicted of indecent exposure or lewd acts with a minor before, you will be charged with felony indecent exposure and could face aggravated indecent exposure penalties. Sometimes an individual did not mean to expose themselves or they did something that was intended as a joke but that was taken offensively. No matter what the circumstances surrounding your case, we can help you! By contacting us today, you are making the right decision to protect your freedom and your future. If you want someone to attack the prosecution’s case from every angle, look no further! Call the Law Office of Peter Berlin immediately!