Penal Code 314 PC - Indecent Exposure Law in California
California Penal Code 314 PC prohibits indecent exposure, which is defined as willfully exposing your naked body or genitals in a public place to others who would be offended or annoyed. If convicted, you must register as a Tier One sex offender for at least ten years.
This registration can have serious implications on your personal and professional life, including restrictions on where you can live and work and public disclosure of your status.
This sex crime has become more and more common as the police find ways to prove that someone is exposing themselves from a vehicle in public. I've seen some issues arise in this crime if somebody exposes themselves, but nobody else sees it.
That could be an issue in trying to prove an indecent exposure charge against an individual. However, I usually see indecent exposure charges if somebody is engaged in some prostitution activity, and the police drive upon them and see the person's genitalia exposed.
This is usually a scenario where the person is stupid enough to engage in sexual conduct with a prostitute in a known prostitution area, which is an area identified by law enforcement as a site for frequent illegal sexual activities. They could also face lewd conduct in public charges.
The police are patrolling these areas and know of the prostitution activity. They're catching people left and right who decide to have some sexual contact in a vehicle.
Another area where I see indecent vehicle exposure is those individuals allegedly trying to expose themselves to minors. Whether near school grounds or some other location or establishment that minors are known to frequent.
That person is exposing themselves because that sexually arouses them if the person is caught by a parent, a passerby, or even the police. They're not only going to be charged with indecent exposure, but it's going to be related to a minor, making the charge much more severe.
Indecent exposure puts the individual at risk of being registered as a sex offender, a consequence that nobody desires, especially if it involves a minor. In such cases, prosecutors often seek to put the person in custody. This is a serious charge with severe potential consequences, and it's crucial to have a strong legal defense.
Accidental Indecent Exposure
Another area that I see indecent exposure charged in Los Angeles County is that some people will expose themselves in a scenario where they can argue that it's accidental exposure. They're going to have their genitals out while they're jogging.
Maybe they're wearing revealing clothing and will argue that they did not intend to expose themselves and that the exposure was accidental.
The bottom line is the police, the prosecutors, the judges, and even a jury are going to look at the surrounding circumstances when it comes to an indecent exposure situation.
If somebody genuinely did make a mistake and exposed themselves by accident, that person would undoubtedly have a defense or an argument that they did not intend to reveal themselves and would have done so by mistake, which could potentially be used as a defense in an indecent exposure case.
Real Indecent Exposure Case Example
One case I just did recently in which I ended up getting the indecent exposure charge dismissed was a scenario where my client exposed himself. He was in a vehicle, but it was the person who was in the car with him that we're claiming he had exposed himself.
Nobody saw anything from the outside, and it wasn't clear that anybody could see anything from the outside. Nobody was around the vehicle when the conduct occurred, and the conduct occurred in the back seat.
This is where nobody could have seen what was going on. The prosecutors had a weak sexual battery case against my client, so they charged him with indecent exposure because he admitted that he did expose himself to the alleged victim.
She turned him down for having sex, and so he let her out of the vehicle, which arguably is not a crime. But they decided that they were going to charge him with the crime of indecent exposure.
But the judge even agreed that if nobody sees the genitalia, how is it indecent exposure?
The individual in the car saw it but was willing to go in the back seat. They were willing to engage in some consensual acts, which are mutually agreed-upon sexual activities, so it didn't make any sense to charge indecent exposure related to that particular person.
These cases hinge on their facts, and having a powerful advocate on your side is crucial. Especially in a close case, a gray area situation will be significant because your attorney can decide between winning a jury trial or negotiating with the prosecutors for a dismissal or a lesser offense.
What Are the Defenses?
Those charged with California Penal Code 314 PC indecent exposure face potential jail time and sex crime registration. As far as defending these cases and attempting to get the best result, the first step is to discuss the case with a seasoned attorney.
I've been doing this for 30 years. I've worked for the district attorney's office and a superior court judge. I've defended people like you for these charges since the early 1990s.
So, we need to sit down and talk about what happened and what the surrounding circumstances are because many times, what I see in these indecent exposure cases is that the police make the decision that they think the person is guilty.
So, they write up a police report and gather evidence and information centered around showing that the defendant did whatever they're being claimed to have done. But, unfortunately, they often don't look at the other side of the equation.
So, we will first discuss what the police allege you did because we have to know what we're fighting against. Second, we will discuss your defenses and how we can either win the case altogether or mitigate the circumstances to get a fair resolution so you can move on with your life.
Many times, when people come in, they start talking about the case from their perspective, so everything is geared around the fact that they didn't do anything wrong.
So, when I'm done hearing the story, I think, well, if everything you just said is true, I don't understand why you got arrested. I don't know why you had to post bail. I don't understand why you have a citation to appear in court. That's because I only got the story from the defendant's perspective.
The Perspective of the Prosecutor
So, the first thing I need, and it's not easy for people to do when it comes to indecent exposure, is to tell the story from the perspective of the prosecutor and police first.
I need to hear what they're claiming you did wrong, and it will make more sense when you tell me the story from your perspective. In other words, I can say, "Okay, I see now why you're telling me that."
Whereas, when people came in in the past, I couldn't understand why they were telling me specific things. I don't see where it fits into the fact pattern because I don't even know the allegations. You can't be afraid to say what the allegations are in this type of offense.
What are the Possible Legal Defenses?
As far as defenses go, you could indicate, for example, that you accidentally exposed yourself, and that's why the alleged victim, witness, or whoever is complaining you did something wrong saw what they did, but you didn't do it intentionally.
When you make this argument, the prosecutors are going to, of course, look at the facts and circumstances surrounding the case.
They're going to look to see whether anything like this had ever happened before so they can mount the argument that this guy had done this before and made the same argument back. So they're doing the same thing again.
So, we've got to look at the facts and circumstances. We have to see if you have any prior criminal record. Then, we can best assess whether or not the indecent exposure matter can be defended in a court of law or, again, whether it needs to be mitigated.
If it needs to be mitigated and we need to work out a deal because they've got the evidence against you, and if you go to trial and you're going to lose, then we're going to gather character letters.
We will put together a mitigation package that I can send to the prosecutor to show them the other side of the story and the person you are to attempt to resolve this severe case. So, if you need the best, you're charged with indecent exposure; pick up the phone now. Make the call. My name is Ron Hedding, and I stand ready to help you.
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