California "Indecent Exposure" Law
Penal Code 314 PC

California Penal Code 314 PC prohibits "indecent exposure".¹ And while violating California's "indecent exposure" law may not seem like a very serious offense, its repercussions can be devastating. In addition to fines and incarceration, a Penal Code 314 PC conviction subjects you to a lifetime duty to register as a California sex offender.

The good news is that a California criminal defense attorney knows a variety of ways to beat an "indecent exposure" charge. There are a number of defenses that a skilled attorney can present on your behalf in an effort to reduce or even dismiss your "indecent exposure" allegation.

And a good criminal defense lawyer will never overlook the fact that you could have been falsely accused…and wrongfully arrested…for violating California's "indecent exposure" law.

In order to better understand Penal Code 314 PC, our Los Angeles sex crimes defense attorneys will address the following:

An Overview of California's "Indecent Exposure" Law

How Does the Prosecutor Prove that I Am Guilty of "Indecent Exposure"?

Penalties, Punishment, and Sentencing for Penal Code 314 PC

Indecent Exposure" and the Duty to Register as a Sex Offender

How Do I Fight an "Indecent Exposure" Allegation?

Penal Code 314 PC and Related Offenses

If, after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on Penal Code 647(a) Lewd Conduct in Public, Penal Code 288 PC Lewd Acts with a Minor, Penal Code 290 PC Registration as a Sex Offender, Penal Code 459 PC Burglary, and Penal Code 602 Trespass.

An Overview of California's "Indecent Exposure" Law

"Indecent exposure"…sometimes referred to as "public indecency"…is an ever-changing concept. Look at how our society's standards of public decency have changed over the years. Take bathing suits, for example.

In the early 1900s, society was mortified if men and women's bathing suits didn't cover a significant portion of their bodies. Today, however, it's not at all uncommon for a woman to walk down the beach in a "string bikini" or for either sex to wear a "thong" or "g-string", which reveals basically everything. And nude beaches and "adults only" pools are becoming increasingly popular.

But despite our evolving reaction to public decency, California's "indecent exposure" law has remained virtually unchanged since its enactment in 1872.² This law…codified under Penal Code 314…prohibits publicly "exposing" your naked body or genitals with lewd intent.

It should be noted that it's the California Legislature who controls this state's indecent exposure laws. Although local ordinances may try to regulate their community's decency standards…if they are more restrictive than the corresponding California law…the courts will declare them invalid.³

How Does the Prosecutor Prove that I Am Guilty of "Indecent Exposure"?

In order to convict you of "indecent exposure", the prosecutor must prove the following facts (otherwise known as "elements of the crime"):

1. that you intentionally exposed yourself or your "private parts",



2. in either a public area or in an area where other people were present and likely to be offended or annoyed, and



3. that you did so with the specific intent to draw attention to your genitals either for the purpose of sexually arousing yourself or another person, or for the purpose of sexually insulting or offending another person or other people.⁴

Let's take a closer look at some of these terms in order to better understand California "indecent exposure" law.

Intentionally

You must intentionally or willingly expose yourself to commit this crime. Accidentally exposing yourself will not suffice.

Example:

If you are getting out of the ocean or pool and your "trunks" have unknowingly slipped down in the process, you aren't guilty under California indecent exposure law.

Expose yourself or your "private parts"

To "expose" yourself means to reveal your entire naked body. To expose your "private parts" means to reveal your bare genitals. Flashing someone your underwear (no matter how revealing) does not count …and neither does revealing a female bare breast (regardless of whether it was revealed for "entertainment" purposes or while breastfeeding).⁵

That you're in a "public area" or an area where others are present and "likely to be offended or annoyed"

This is where clever California criminal defense attorneys will look for flaws in the prosecution's case. Even if you were in a "public" area, if it was a secluded area (behind some bushes at a park, for example)…where you didn't believe others would see you…you can't be convicted of "indecent exposure".

But with respect to people being "offended or annoyed", California "indecent exposure" law doesn't take into account the "audience". This means that "exposing" yourself to a prison guard, an undercover cop, or an unsuspecting young woman will all suffice for an "indecent exposure" conviction, assuming the prosecution proves the other elements of the crime.

It is no defense that, for example, a prison guard would be less likely to be offended by indecent exposure simply because he/she routinely witnesses lewd conduct.⁷

That you "specifically intend to draw attention to your genitals"

California Penal Code 314 requires that you specifically intend to draw attention to your genitals. This means that exposing your genitals isn't enough…they must be exposed with the intent of directing attention to them.

Example:

If, for example, you are in a dark alley with your back to the street, and expose your penis for the sole purpose of urinating, you aren't drawing attention to your genitals…and therefore aren't guilty of violating California "indecent exposure" law.⁸

Similarly, sunbathing nude on an isolated beach isn't a violation of Penal Code 314 PC. Mere nudity isn't enough to warrant an "indecent exposure" conviction…if you don't lewdly draw attention to your genitals, you aren't breaking the law.⁹

But, if you do draw attention to your genitals, prosecutors can still convict you of this offense even if no one actually sees them.¹⁰ This might be the case, for example, if you exposed yourself to someone in a dark room.

That you exposed yourself for the purpose of "sexually arousing" yourself or another person or for the purpose of "sexually insulting or offending" another person or other people

Simply exposing yourself…even if you draw attention to your genitals…won't support a California Penal Code 314 "indecent exposure" conviction unless you do it with a "lewd" or sexually motivated intent.

Take for example:

Nude sunbathing. Nude sunbathing (without any additional conduct) isn't considered a violation of California "indecent exposure" law.

Similarly, "mooning" someone (that is, pulling down one's pants to reveal bare buttocks) is not a violation of Penal Code 314 PC. Courts have held that this conduct is not sexually motivated, but is engaged in as a means of amusing, annoying, or affronting other people.¹¹

Keep in mind that the prosecutor must satisfy each and every element of the offense before he/she can convict you of Penal Code 314 "indecent exposure". If even just one of the above elements isn't proven, you must be acquitted of this charge.

Penalties, Punishment, and Sentencing for Penal Code 314 PC

Typically, California Penal Code 314 PC violations are misdemeanor offenses. If convicted of "simple" misdemeanor indecent exposure, you face

• up to six months in a county jail,



• a maximum fine of $1,000, and



• a lifetime duty to register as a sex offender pursuant to Penal Code 290.¹²

"Aggravated" indecent exposure

If you expose yourself in an "inhabited" (lived in) home, trailer coach, or building¹³ …that you enter without permission… you commit "aggravated" indecent exposure.¹⁴ If charged as a misdemeanor, this offense subjects you to the same penalties described above, but your maximum jail sentence increases to one year.¹⁵

If charged with this offense as a felony, you face

• 16 months, or two, or three years in the California State Prison,¹⁶



• up to $10,000 in fines¹⁷, and



• a lifetime duty to register as a sex offender¹⁸.

Repeat offenders -- automatic felony indecent exposure

Finally, if you are either

1. convicted of Penal Code 314 PC "indecent exposure" for a second or subsequent time, or



2. suffer your first "indecent exposure" conviction, but have a prior conviction for Penal Code 288 PC "lewd acts with a minor",



3. you face the same penalties that were previously listed under "aggravated" felony indecent exposure.¹⁹

"Indecent Exposure" and the Duty to Register as a Sex Offender

As previously stated, one of the penalties for an indecent exposure conviction is the lifetime duty to register as a sex offender pursuant to Penal Code 290 PC.²⁰ The court imposes this punishment regardless of whether you're convicted of Penal Code 314 PC as a misdemeanor or as a felony.

It should be noted that most licensed professional associations discipline their associates if they receive a conviction for a California sex offense that requires sex offender registration. This is generally the case for doctors, dentists, therapists, etc.

However, a misdemeanor indecent exposure conviction sometimes acts as an exception to this rule. If you are employed in one of these professions…or another profession that requires you to obtain and maintain a professional license…and you are convicted of misdemeanor indecent exposure, you may not automatically lose your professional license.²¹

On a separate note, it is important to understand that once you are sentenced to Penal Code 290 sex offender registration, the failure to register as a sex offender is its own crime. If convicted of this offense, you face additional penalties.²²

How Do I Fight an "Indecent Exposure" Allegation?

There are a variety of defenses to a California "indecent exposure" charge that a good sex crimes defense attorney could present on your behalf. The following are examples of some of the most common.

Insufficient evidence

It bears repeating that if the prosecution doesn't prove each and every element of a Penal Code 314 PC violation, you can't be convicted of indecent exposure. This means that if, for example,

1. you weren't in public,



2. there was no one around you to offend,



3. your genitals were partially clothed,



4. you didn't act "lewdly", or



5. you didn't satisfy any of the other requirements of California's "indecent exposure" law,

then you must be acquitted of this offense.

False accusations / wrongful arrest

As San Francisco criminal defense lawyer Jim Hammer explains²³, "Sex offenses are always ripe for false accusations. They often require little proof…since many are based on he said/she said allegations…which makes it easy for someone seeking revenge, or acting out in anger or jealousy to falsely accuse another person of a crime."

A skilled California sex crimes defense lawyer understands this and will always explore this possibility as a defense option.

Mistaken identity

Depending on the circumstances of the alleged offense, it is quite possible that even a well-meaning victim could have mistakenly identified you as an individual who unlawfully exposed him/herself.

Perhaps the alleged offense took place in a dark environment…perhaps the perpetrator's face was partially hidden…perhaps the victim's view of the perpetrator resembled you from the back…perhaps you share the same name as the suspected "flasher".

There are a number of reasons why you could have been mistakenly identified as an "indecent exposure" culprit…and it's your California criminal defense attorneys' job to convince the judge and/or jury of that very fact.

Penal Code 314 PC and Related Offenses

California's "indecent exposure" law is closely related to a variety of offenses…either because they are frequently charged in connection with one another or because the offenses are committed in similar manners.

Below are some of the most commonly related offenses to "indecent exposure".

Penal Code 647(a) "lewd conduct in public"

Simply put, a California Penal Code 647(a) "lewd conduct in public" offense takes place when an individual touches him/herself or another person in public with sexual intent.²⁴ It's the "touching" requirement that is the major difference between a 647(a) PC charge and an indecent exposure charge.

If you "indecently" expose yourself while you touch yourself or another person, prosecutors could charge you with both offenses.

Penal Code 288 PC "lewd conduct with a minor"

Sometimes confused with "lewd conduct in public", California Penal Code 288 "lewd conduct with a minor" prohibits engaging in lewd conduct with a child who is under 14…or who is 14 or 15 and at least ten years younger than the accused.²⁵ Similar to a Penal Code 288 offense, "lewd acts with a child" requires some form of lewd touching, which distinguishes it from indecent exposure.

Penal Code 459 PC "burglary"

While it may seem odd that California Penal Code 459 PC "burglary" is related to California "indecent exposure" law, they are, in fact, very closely connected. If you enter a home, building, or any other structure with the intent of exposing yourself…even if you don't ultimately commit indecent exposure…you are still guilty of burglary.²⁶

This is because a California Penal Code 459 "burglary" takes place the minute you enter a structure with felonious intent.²⁷ Despite common misperception, a burglary doesn't necessarily involve stealing. Entering a home or building intending to commit any felony once inside will suffice.

This means that if you enter a structure, intending to expose yourself, prosecutors could charge you with burglary and indecent exposure.

Penal Code 602 "trespass"

Similarly, if you expose yourself after enter a building or other property without permission to enter that property, prosecutors could charge you with California Penal Code 602 "trespass" and Penal Code 314 PC "indecent exposure".²⁸

Penal Code 415 "disturbing the peace"

Although California Penal Code 415 "disturbing the peace" isn't technically related to indecent exposure, it is frequently used as a plea bargaining tool by defense attorneys. This is because pleading to a "disturbing the peace" charge as either a misdemeanor or an infraction relieves you of the duty to register as a sex offender.

"Disturbing the peace" is an offense that your California criminal defense lawyer will try to negotiate on your behalf in exchange for the prosecution's dismissal of your Penal Code 314 "indecent exposure" charge.

If you have additional questions about California's "indecent exposure" law, or you would like to discuss your case confidentially with one of our criminal defense attorneys, we invite you to contact us at Shouse Law Group.

We have local criminal law offices in Los Angeles, San Diego, Riverside, Orange County, San Bernardino, Ventura, San Jose, the San Francisco Bay area, and several nearby cities to conveniently serve you.

Legal References:

¹California Penal Code 314 -- Lewd or obscene conduct: indecent exposure. ("Every person who willfully and lewdly, either: [1]. 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, [2]. 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 to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year. Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.")

²People v. Carbajal (2003) 114 Cal.App.4th 978, 983. ("Penal Code section 314 [California's "indecent exposure" law] was enacted in 1872 as section 311; no substantive changes have been made to subdivision 1 since that time.")

³Spitcauer v. Los Angeles County (1964) 227 Cal.App.2d 376, 379. ("'It has been suggested that the ordinance was not intended to create a crime in addition to that punishable by state law but was designed and is enforced as a law against prostitution where prostitution is difficult to prove. This view of the ordinance, however, makes it even clearer that the local regulation is invalid. There can be no question that the Legislature has occupied the field with respect to the crime of prostitution. (Pen.Code, § 647, subd. (b).) (Emphasis added.) Likewise, it is unquestionable that the Legislature has occupied the field with respect to pornography (Penal Code, §§ 311 to 312) and perversion (Penal Code, § 288a). Finally, it may be noted that Penal Code section 314, subdivision 2 [relating to indecent exposure], expressly relates to every person who '[p]rocures * * * any person * * * [to] take part in any model artist exhibition, * * * such as * * * is adapted to excite to vicious or lewd thoughts or acts, * * *' and sections 315 and 316 proscribe the keeping of houses 'for the purposes of prostitution or lewdness * * *.'")

⁴California Jury Instructions -- Criminal. CALJIC 16.220 -- Indecent exposure. ("In order to prove this crime, each of the following elements must be proved: [1] A person intentionally exposed [his] [her] [person] [private parts] [in a public place] [, or] [in any place where there were present other persons to be offended or annoyed]; and [2] That person did so with the specific intent to direct public attention to [his] [her] genitals for the purpose of [his] [her] own sexual arousal or gratification, or that of another, or of sexually insulting or offending others.")

⁵People v. Massicot (2002) 97 Cal.App.4th 920. The court in this case reversed Massicot's "indecent exposure" conviction under California Penal Code 314 PC because the defendant…who pulled up his robe and exposed his women's flesh-colored lace underpants and lace bra…did not display his naked genitals. The court ruled that regardless of how much of Massicot's body the victim saw, since it wasn't completely nude, Massicot neither exposed his person, nor his genitalia. Even though the flesh-colored, lace underwear revealed a "bulge" and, when Massicot turned around, his buttocks, neither were sufficient to satisfy California "indecent exposure" law.

⁶Robins v. Los Angeles County (1967) 248 Cal.App.2d 1, 10. ("Thus, we are constrained to the view that the display of the bare female bosom, whether defined as 'entertainment' or not, does not violate state [indecent exposure] law, is not regulated by the state, and does not constitute criminal sexual activity in the area definitively preempted by the state. (In re Lane, supra, 58 Cal.2d 99, 22 Cal.Rptr. 857, 372 P.2d 897.)")

See also California Civil Code 43.3 -- Breastfeeding; location. ("Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.")

⁷Noble v. Harrison (2007) 491 F.Supp.2d 950. In this case, the court rejected the defendant's contention that the female prison guards in the sexually violent predator wing of the local jail were "trained professionals" who should have expected the inmates to expose themselves. The court held that California Penal Code 314 PC doesn't eliminate any potential victims from being offended or annoyed by indecent exposure.

⁸In re Smith (1972) 7 Cal.3d 362, 366. ("Accordingly, a conviction of that offense [that is, Penal Code 314 PC "indecent exposure"] requires proof beyond a reasonable doubt that the actor not only meant to expose himself, but intended by his conduct to direct public attention to his genitals for purposes of sexual arousal, gratification, or affront.[FN4] FN4. Wainwright v. Procunier (9th Cir. 1971) 446 F.2d 757, is in accord. There a Berkeley policeman on evening patrol observed the defendant urinate against the wall of an abandoned service station. When questioned, the defendant explained he had recently undergone surgery making it necessary for him to urinate frequently. No other persons were present but the defendant's own companions. The federal appellate court rejected the People's contention that the officer had probable cause to arrest the defendant for indecent exposure under [California Penal Code] section 314, subdivision 1. Emphasizing the sexual connotations of the requirement that the act be performed 'lewdly,' the court held the statute inapplicable as a matter of law to the defendant's conduct.")

⁹See same at 366. ("Absent additional conduct intentionally directing attention to his genitals for sexual purposes, a person, as here, who simply sunbathes in the nude on an isolated beach does not "lewdly" expose his private parts within the meaning of [California Penal Code] section 314 [indecent exposure].")

¹⁰People v. Carbajal (2003) 114 Cal.App.4th 978, 986. "Our review of the common law and cases from other jurisdictions leads us to conclude that a conviction for indecent exposure under Penal Code section 314, subdivision 1 requires evidence that a defendant actually exposed his or her genitals in the presence of another person, but there is no concomitant requirement that such person actually must have seen the defendant's genitals. Thus, we will uphold defendant's conviction for indecent exposure in the absence of evidence of any direct visual observation of his genitals so long as there is sufficient circumstantial evidence to show that actual exposure occurred."

¹¹In re Dallas W. (2000) 85 Cal.App.4th 937, 938. ("The juvenile court found this was "a mooning case," and that Dallas had "exposed his buttocks ... with the intent to annoy and affront people." The court specifically found that Dallas did not act with "sexual intent in the sense that he intended to arouse himself or a third person by his act. I think he did it strictly to annoy and to affront people." The petition was nevertheless sustained, and Dallas was made a ward of the court. He appeals. Because the court found Dallas acted without any sexual intent, we reverse [his indecent exposure conviction].")

¹²California Penal Code 314 PC -- Indecent Exposure. ("Every person who willfully and lewdly, either: [1.] 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, [2.] 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 to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.")

See also California Penal Code 19 PC -- Punishment for misdemeanor; punishment not otherwise prescribed. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.")

See also California Penal Code 290(c) which states that any violation of subdivision 1 or 2 of Penal Code 314 requires the offender to register as a sex offender under California's Sex Offender Registration Act.

¹³CALJIC 14.52 -- Inhabited, defined. ("An inhabited [dwelling house] [building] is a structure which is currently used as a dwelling whether occupied or not. It is inhabited although the occupants are temporarily absent.")

¹⁴California Penal Code 314 PC -- Indecent Exposure. ("Every person who willfully and lewdly, either: [1.] 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…Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year.")

¹⁵See same.

¹⁶See endnote 14, above. See also Penal Code 18 PC -- Felony punishment. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years…")

See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

¹⁷See Penal Code 672 PC, above.

¹⁸California Penal Code 290(c) which states that any violation of subdivision 1 or 2 of Penal Code 314, California's "indecent exposure" law requires the offender to register as a sex offender under California's Sex Offender Registration Act.

¹⁹California Penal Code 314 -- Indecent exposure. ("Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.") See also endnote 16, above.

²⁰California Penal Code 290 PC -- The Sex Offender Registration Act. ("(a) Sections 290 to 290.023, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to "the Act" in those sections are to the Sex Offender Registration Act. (b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act. (c) The following persons shall be required to register: …subdivision 1 or 2 of Section 314 [California's "indecent exposure" law]…")

²¹California Business and Professions Code 2221 -- Denial of physician's and surgeon's certificate. ("(c) The board shall deny a physician's and surgeon's certificate to an applicant who is required to register pursuant to Section 290 of the Penal Code. This subdivision does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code [California's "indecent exposure" law].")

See also California Business and Professions Code 2660.5 -- Denial of license or approval; registered sex offenders; exception. ("The board shall deny a physical therapist license or physical therapist assistant approval to an applicant who is required to register pursuant to Section 290 of the Penal Code. This section does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code [California's "indecent exposure" law].")

See also California Business and Professions Code 1687 -- Denial, revocation or suspension of registered sex offenders' licenses; exceptions. (" (a) Notwithstanding any other provision of law, with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory, under military law, or under federal law, the board shall be subject to the following requirements: (1) The board shall deny an application by the individual for licensure pursuant to this chapter. (2) If the individual is licensed under this chapter, the board shall revoke the license of the individual. The board shall not stay the revocation and place the license on probation. (3) The board shall not reinstate or reissue the individual's licensure under this chapter. The board shall not issue a stay of license denial and place the license on probation…(b) This section shall not apply to any of the following:…(2) An individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code [California's "indecent exposure" law]. However, nothing in this paragraph shall prohibit the board from exercising its discretion to discipline a licensee under other provisions of state law based upon the licensee's conviction under Section 314 of the Penal Code.")

²²An individual failing to register as a sex offender under Penal Code 290 PC faces up to one year in county jail or up to three years in the state prison. Failing to register is a "continuing" offense, which means that each time you violate one of your duties to register, you commit a separate offense. As a result, failing to register as a sex offender can result in a substantial prison sentence.

²³San Francisco defense lawyer Jim Hammer uses his inside knowledge as a former San Francisco Deputy District Attorney to defend clients accused of California sex crimes throughout the Bay Area, including San Francisco, Oakland, Berkeley, Marin County and San Jose.

²⁴California Penal Code 647(a) -- Lewd conduct in public. (Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view."

See also Judicial Council Of California Criminal Jury Instruction (CALCRIM) 1161 -- Lewd conduct. ("To prove that the defendant is guilty of this crime, the People must prove that: [1] The defendant willfully engaged in the touching of ((his/her) own/ [or] another person's) genitals, buttocks, or female breast; [2] The defendant did so with the intent to sexually arouse or gratify (himself/herself) or another person, or to annoy or offend another person; [3] At the time the defendant engaged in the conduct, (he/she) was in (a public place/ [or] a place open to the public [or to public view]); [4] At the time the defendant engaged in the conduct, someone else who might have been offended was present; AND [5] The defendant knew or reasonably should have known that another person who might have been offended by (his/her) conduct was present.")

²⁵California Penal Code 288 -- Lewd acts with a minor. ("(a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years….(c)(1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child. (2) Any person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.")

²⁶People v. Rehmeyer (1993) 19 Cal.App.4th 1758, 1769. ("Evidence was presented that Rehmeyer entered the residence of Brenda C. with the specific intent to lewdly expose himself [within the meaning of California Penal Code 314 "indecent exposure"]. This was sufficient to sustain a conviction of burglary. Whether the act of exposure was actually accomplished is irrelevant to the burglary count; burglary is completed when entry is made with the requisite intent. ( People v. Lamica (1969) 274 Cal.App.2d 640, 644, 79 Cal.Rptr. 491.)")

²⁷California Penal Code 459 PC -- Burglary. ("Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building…with intent to commit grand or petit larceny or any felony [including California Penal Code 314 "indecent exposure"] is guilty of burglary.")

²⁸Penal Code 602, California's "trespass" law prohibits entering or remaining on another's property without the right to do so.

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