19 Sep An Overview of Indecent Exposure in California
Like most states, California forbids certain types of public nudity, including the intentional exposure of one’s genitals. In order to be convicted of indecent exposure in California, the following must be proven:
(1) The defendant willfully exposed his or her genitals in the presence of another person who was annoyed or offended by such actions, and
(2) During the act of exposure, the defendant purposely directed public attention to his or her genitals for the purpose of sexual arousal or offense.
In California, indecent exposure can be charged as either a felony or a misdemeanor. A first indecent exposure incident is charged as a misdemeanor. However, a second or subsequent indecent exposure incident can be charged as a felony. In addition, indecent exposure committed in a home or a building is categorized as aggravated indecent exposure—also a felony.
Misdemeanor indecent exposure
Misdemeanor indecent exposure is punishable by up to six months in jail and a fine of up to $1,000.
Felony indecent exposure
Felony indecent exposure is punishable by up to three years in jail and a fine of up to $10,000.
Sex offender registration
In addition, anyone convicted of either misdemeanor or felony indecent exposure is required to register as a sex offender for life. Registration as a sex offender carries a number of negative consequences, including:
- Difficulty finding and maintaining long-term employment
- The stigma of being a registered sex offender
- Difficulty sustaining relationships
In addition, the failure to register as a sex offender can lead to additional criminal charges.
Defenses to indecent exposure charges
If you have been charged with indecent exposure in California, it is imperative that you obtain the services of a San Diego criminal defense attorney. A dedicated and skilled criminal defense attorney will defend you against such charges by asserting one of several available defenses. Typical defenses to indecent exposure charges in San Diego are:
- The defendant failed to expose his or her genitals
- The exposure took place, but it did not occur in the presence of another person
- The exposure took place, but is wasn’t lewd or willful
- The exposure took place, but it was unintentional
- The defendant was misidentified
San Diego Sex Crime Defense Attorneys
Indecent exposure charges can result in severe penalties, including jail time, fines, and registration as a sex offender. Due to these potential consequences, it is important that anyone charged with a sex crime in San Diego seek the guidance of an experienced criminal defense attorney. At the Law Offices of Kerry L. Armstrong, our experienced sex crime defense attorneys provide all of our clients with expert legal guidance in order to achieve the most favorable results possible. The talent and experience of our attorneys ensure that our clients’ cases are handled expertly and with the utmost care. If you or a loved one is facing sex crime charges in San Diego, please contact us immediately for a free consultation.