Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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While a first-time offense of indecent exposure (“IE”), per Penal Code 314, is charged as a misdemeanor in California, a second offense will result in a felony charge.
Indecent exposure can also be charged as a felony if it is a form of “aggravated” IE.
Indecent exposure is defined as a male or female:
Aggravated IE is when a person exposes himself/herself in:
A simple misdemeanor IE charge is punishable by:
A felony indecent exposure charge is punishable by:
In addition to the above penalties, defendants convicted of IE are subject to a 10-year (minimum) duty to register as a sex offender, per California Penal Code 290 PC. This is regardless of whether the conviction is for a misdemeanor IE or a felony IE.
PC 314 says that Californians are guilty of indecent exposure if they:
a. sexually gratifying themselves or someone else, or
b. sexually offending someone else.1
Three examples of IE are:
A first indecent exposure conviction subjects a defendant to misdemeanor penalties in most cases. A second offense is a felony and can lead to a California state prison sentence.
Aggravated IE is when a person exposes himself/herself in:
Aggravated indecent exposure is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony depending on:
If convicted of “simple” misdemeanor indecent exposure, a defendant may face:
Please note that if a defendant is convicted of aggravated IE and it was charged as a misdemeanor, he could face up to one year in jail (and not just six months).4
A felony indecent exposure charge is punishable by:
Yes. Defendants accused of indecent exposure can contest the accusation with a legal defense. A few common defenses to IE charges are that:
As to the latter, police can violate a person’s constitutional rights by conducting an illegal search and seizure, coercing a confession, or failing to read a suspect his/her Miranda rights.
If a person is ordered to register as a sex offender, and he/she fails to do so, then the party may be convicted of the California crime of “failure to register as a sex offender,” Per Penal Code 290.
California’s Sex Offender Registration Act (also known as “Megan’s Law”) requires anyone who lives in California after being convicted of a California sex crime to register with the police of the city or county where they live. This registration has to be renewed:
Knowingly and willfully failing to meet this requirement, even just one time, will lead to charges under California Penal Code 290b.
These charges can either be misdemeanor or felony charges (depending on the facts of the case). And the penalties may include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.