The act must be done in a manner that the defendant had intent to draw public attention to their genitals for sexual gratification or to offend another person.
If you were to expose your genitals in public that is out of view of other people, then this conduct is not sufficient for an indecent exposure prosecution under California law. An indecent exposure conviction also will require a defendant to register as a Tier one California sex offender. To give readers more detailed information about the California sex crime of indecent exposure defined under PCour Los Angeles criminal defense lawyers are providing a review below.
It's important to note that a violation of Penal Code PC must be willful. This means any unintentional exposure of someone's genitals in public are exempted under law.
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The genitals under PC must be either male or female genitals fully exposed, not other parts of the naked body. Female breasts or exposing underwear don't qualify for prosecution. Let's take a closer look at the elements of the crime for Penal Code PC indecent exposure below.
The genitals must be exposed in public in the presence of another person who might be annoyed or offended.
This is obviously an objective standard, but a PC charge can be proven if a reasonable person in the victim's position would have been annoyed or offended. It should be noted that even in a situation where you may have exposed yourself to an undercover police officer, you can still be convicted of PC indecent exposure. A California Penal Code PC conviction also requires that you had intent to draw public attention to your genitals.
Simply exposing your genitals isn't enough for a prosecution, rather it must be done in a manner with intent to draw attention to them.
The prosecutor has to also prove the intentional drawing of attention to your genitals was for the purpose of either sexual gratification or to offend another person sexually. This final intent can often be difficult to prove. Normally, a prosecutor will attempt to prove this element circumstantially that most exposures of genitals in a public place have some connection to sexual desires.
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As stated above, the penalties for a first-time misdemeanor conviction for Penal Code PC include:. A second or subsequent conviction for indecent exposure is not a wobbler which can be reduced to a misdemeanor.
There are several legal defenses available to our Los Angeles criminal lawyers if you were charged with California Penal Code PC indecent exposure, including:. Perhaps we could make a reasonable argument there is insufficient evidence for the prosecutor to obtain a conviction.
We might be able to show there was nobody around for you to offend or your genitals were partially covered. It might also be possible to argue the allegations against you are false.
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Perhaps the accuser was motivated by anger or jealously. If you or a family member is under investigation, or already charged with a violation of California Penal Code PC indecent exposure, contact our experienced team of Los Angeles criminal defense lawyers for an initial consultation.
Contact our office at If you have one phone call from jail, call us!
If you are facing criminal charges, DON'T talk to the police first. California's indecent exposure law makes it a crime to willfully expose your genitals for sexual gratification. A PC conviction requires proving you had intent to direct public attention to your genitals.
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Our criminal lawyers can use several strategies to fight your PC indecent exposure charges. We speak English, Russian, Armenian, and Spanish. Office Locations Sylvan St. Suite Van NuysCA Los AngelesCA