Penal Code § 314 PC – “Indecent Exposure” – California Law

California Penal Code § 314 PC defines the crime of indecent exposure as willfully exposing your naked body or genitals in a public place to others who would be offended or annoyed.

While a California “indecent exposure” conviction may not seem like a very serious offense, the repercussions can be dire: You must register as a Tier one sex offender for at least 10 years. Plus the court can impose hefty fines and incarceration:^1-5

The good news is that there are a number of legal defenses that a skilled attorney can present on your behalf in an effort to get the “indecent exposure” charge reduced or even dismissed. Some of these defenses include:

• What happened does not meet the definition of indecent exposure,
• You were falsely accused, or
• You were the victim of mistaken identity.

In order to help you better understand the law, our California criminal defense lawyers will answer the following key questions:

• 1. How does California law define “indecent exposure”?
• 2. What are the consequences of a Penal Code 314 PC conviction?
  • 2.1. Aggravated indecent exposure
  • 2.2. Repeat offenders: automatic felony
    indecent exposure
  • 2.3. California “indecent exposure” and the duty to register as a sex offender
• 3. How can I fight this charge in court?
• 4. What crimes are related to indecent exposure?
• Additional resources

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

A classic example of indecent exposure is the trench coat-wearing flasher

1. How does California law define “indecent exposure”?

The legal definition of “indecent exposure” revolves around several key facts that the prosecutor must prove. These are known as “elements of the crime.”

The elements of indecent exposure in California are:

1. that you willfully exposed your genitals,
2. in the presence of someone who might be reasonably offended or annoyed by your actions, AND
3. that you intended to direct public attention to your genitals for the purpose of either
   • a. sexually gratifying yourself or someone else, OR
   • b. sexually offending someone else.⁶

Let’s take a closer look at some of these terms in order to better understand the legal definition of indecent exposure in California law.

Willfully

You must “willfully” expose yourself in order to commit indecent exposure.  “Willfully” means willingly or on purpose. Though it does not necessarily mean that you intended to break the law or hurt someone else.⁷

This means that accidentally exposing yourself will not suffice.

Example: While Peter is swimming in the ocean, his trunks get ripped, exposing his genitals. When Peter walks back on shore, everyone on the crowded beach sees his genitals, and many people are offended.

However, Peter did not commit the crime of indecent exposure because he did not expose his genitals willfully.

Expose yourself or your “private parts”

To “expose” yourself means to reveal your naked body.  To expose your “private parts” means to reveal your bare genitals.  You do not commit indecent exposure if you

• Expose your underwear (no matter how revealing),⁸ or
• Reveal a bare female breast (regardless of whether it was revealed for sexual purposes or while breastfeeding).⁹

In the presence of someone who might be annoyed or offended

To commit the California crime of indecent exposure, you need to expose yourself

• In the presence of another person,
• Who might be reasonably offended or annoyed by the exposure.¹⁰

This is one place 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 did not believe others would see you – then the action probably does not meet the definition of indecent exposure.

But with respect to people being “offended or annoyed,” California’s “indecent exposure” law does not 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.

Example: Joe, a prison inmate in a unit for sexually violent offenders, stands in his cell wearing only a T-shirt and masturbates while a female prison guard walks by. Because she works in the sex offender unit, the guard has training in sexual misbehavior and has witnessed incidents like this before.

However, Joe is still guilty of indecent exposure. The guard was less likely to be shocked by his behavior than many people, but that does not mean she would not be offended or annoyed by it.¹¹

With intent to direct public attention to your genitals

California Penal Code 314 PC requires that you specifically intend to draw attention to your genitals.¹² This means that exposing your genitals is not enough: They must be exposed with the intent of directing attention to them.

Example: Chad goes to an isolated public beach where he hopes to sunbathe nude. He takes off his clothes, lies on his back, and falls asleep. While he is sleeping, other people arrive at the beach. Eventually the police show up and arrest him.

Chad is not guilty of indecent exposure because he did not intend to direct public attention to his genitals. When he fell asleep, he assumed no one was going to see him.¹³

But, importantly, if you do intend to draw attention to your genitals, prosecutors can still convict you of this offense even if no one actually sees them.¹⁴ This might be the case, for example, if you exposed yourself to someone in a dark alley.

For the purpose of sexual arousal or sexual offending

Simply exposing yourself (even if you intentionally draw public attention to your genitals) will not support a California Penal Code 314 “indecent exposure” conviction unless you do it with a “lewd” or sexually motivated intent. This can mean either

• An intent to have sexual gratification,
• An intent to gratify or arouse someone else’s sexual desire, or
• An intent to offend someone else sexually.¹⁵

Example: Dallas, a teenager, stands on a street corner and “moons” (pulls down his pants to reveal his bare buttocks) cars that pass by. He is not guilty of Penal Code 314 PC indecent exposure because the mooning was not sexually motivated, but was engaged in as a means of amusing or annoying people in a non-sexual way.¹⁶

Keep in mind that the prosecutor must satisfy each and every element of the offense before s/he can prove that you are guilty of Penal Code 314 “indecent exposure.”  If even just one of the above elements is not proven, you should not be held criminally liable for this charge.

It should also be noted that it’s the California Legislature that 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 indecent exposure statute – the courts will declare them invalid.¹⁷

2. What are the consequences of a Penal Code 314 PC conviction?

For most first-time offenders under California’s indecent exposure law, a Penal Code 314 PC violation is a misdemeanor offense.¹⁸

If convicted of “simple” misdemeanor indecent exposure, you may face

• up to six (6) months in county jail,
• a maximum fine of one thousand dollars ($1,000),¹⁹ and
• a 10-year (minimum) duty to register as a sex offender pursuant to Penal Code 290 (we discuss this penalty more thoroughly in Section 2.3 below).²⁰

2.1. “Aggravated” indecent exposure

You commit what is known as “aggravated” indecent exposure if you expose yourself

• in an “inhabited” (lived-in) home, trailer, or building, and
• you entered the home, trailer, or building without permission.²¹

This form of aggravated indecent exposure is a wobbler. This means that it may be charged as either a misdemeanor OR a felony, depending on the prosecutor’s choice.

If aggravated indecent exposure is charged as a misdemeanor, this offense subjects you to the same penalties described above. Though your maximum jail sentence increases to one (1) year (no more than 364 days).²²

But if your aggravated indecent exposure charges are felony charges, you may face

• sixteen (16) months, two (2) years or three (3) years in the California State Prison,²³
• up to ten thousand dollars ($10,000) in fines,²⁴ and
• a 10-year (minimum) duty to register as a sex offender.²⁵

2.2. 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,

you will necessarily be charged with felony indecent exposure, and may face the same penalties listed for felony aggravated indecent exposure above.²⁶

2.3. California “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 minimum ten (10) year duty to register as a sex offender pursuant to Penal Code 290 PC.²⁷ California law imposes this punishment regardless of whether you’re convicted of Penal Code 314 PC as a misdemeanor or as a felony.

If you fail to comply with the registration requirement, you can be charged with the crime of failure to register as a sex offender.

Failing to register as a sex offender is a felony if you are required to register because of a felony indecent exposure conviction, or a misdemeanor if you are required to register because of a misdemeanor indecent exposure conviction.²⁸ Penalties can include up to one (1) year in county jail or up to three (3) years in state prison.²⁹

It should be noted that most licensed professional associations discipline their members if they receive a California sex crime conviction that requires sex offender registration.  This is generally the case for

• doctors’ medical board licenses,
• dental board licenses,
• nursing licenses,
• and similar professional licenses.

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.³⁰

Our attorneys work hard to find the best solution for your case

3. How can I fight this charge in court?

Here at Shouse Law Group, we have represented literally thousands of people charged with sex crimes like indecent exposure. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries.

3.1. What happened does not meet the definition of indecent exposure

In California, indecent exposure is a very specific crime with several elements that the D.A. must prove beyond a reasonable doubt for you to be convicted. Therefore, if the evidence suggests that:

• there was no one around for you to offend,
• your genitals were partially clothed,
• there was no intent to achieve sexual gratification,
• you did not act “lewdly”, or
• you did not satisfy any of the other requirements of California’s “indecent exposure” law,

then you may not be criminally liable for this offense. Evidence we commonly rely on includes eyewitness accounts and video surveillance footage.

3.2. You were falsely accused

We see cases all the time where innocent people get falsely accused of sex offenses. In many instances, the accuser is a former significant other who is angry or vengeful about how the relationship ended.

In these types of scenarios, we comb through all your text and DM exchanges with the accuser. Often we find messages that plainly show their motivation to lie and impeach their credibility.

Then once we present this evidence to the prosecutors, they may realize their case is fatally weakened and may drop it completely.

3.3. You were the victim of mistaken identity

Depending on the circumstances, it is possible that a well-meaning victim could have mistakenly identified you as the individual who unlawfully exposed their nudity. In our experience, this could happen in cases where:

• the offense took place in a dark environment,
• the perpetrator’s face was hidden or partially hidden,
• the perpetrator resembled you, and/or
• the perpetrator even shared the same name as you.

As long as there is a reasonable doubt about the identity of the alleged flasher, you should not be convicted, and the indecent exposure charge should be dropped.

For a more detailed discussion, visit our article on mistaken witness identification as a legal defense in California criminal cases.

4. What crimes are related to indecent exposure?

• California Penal Code 647(a) PC “lewd conduct in public”
• California Penal Code 288 PC “lewd acts with a minor child”
• California Penal Code 459 PC “burglary”
• California Penal Code 602 PC “trespass”
• California Penal Code 415 PC “disturbing the peace”
• California Penal Code 647(b) PC “solicitation of prostitution”

Additional resources

For more in-depth information, refer to these scholarly articles:

• California Penal Code Section 314(1): Nudeness or Lewdness – Hastings Law Review.
• Revealing the Bare Uncertainties of Indecent Exposure – Columbia Journal of Law & Social Problems.
• Criminal Law and Procedure: Indecent Exposure: Nudism – Michigan Law Review.
• Criminal Sanctions against Nude Sunbathing in California – Criminal Justice Journal.
• Constitutional Law-Cruel or Unusual Punishment-Indeterminate Sentence with No Maximum Term for a Second Offense of Indecent Exposure is so Disproportionate to the Crime as to Violate the Cruel or Unusual Punishment Provision of the California Constitution – Loyola of Los Angeles Law Review.

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