If you have been arrested for the crime of Indecent Exposure, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

• California Penal Code 314 — Indecent Exposure

California 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.”

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.”

California 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].”

An 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 year 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.

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.”

RELEVANT CASES:

People v. Eckard, B224292, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 195 Cal. App. 4th 1241; 124 Cal. Rptr. 3d 811; 2011 Cal. App. LEXIS 648, May 25, 2011, Filed

About 6:10 a.m. on October 17, 2009, 15-year-old Easton and 16-year-old Kurtis went to Manhattan Beach to surf. As they descended the stairs to the beach, they noticed defendant staring at them from the beach. When the boys reached the beach, defendant climbed part way up the stairs and continued to watch them. Easton wanted to use the restroom, and Kurtis went with him. While Easton remained inside one of the stalls, Kurtis looked out the entrance to the restroom and saw defendant walking toward it. Kurtis was frightened and retreated into the other toilet stall. Defendant entered the restroom and paced slowly in front of the two stalls for five to 10 minutes. Kurtis thought defendant was breathing a bit heavily and at one point saw defendant’s legs and feet shaking. Twice, Easton saw defendant peeking inside the stall he was in through the gaps on the sides of the door. Kurtis phoned the police and described defendant and what was happening. While Kurtis was on the phone, defendant dropped to his knees in front of Easton’s stall and exposed his erect penis. From his seated position, Easton could see it in the space between the floor and the bottom of the stall door, which was about 18 inches tall. Photographs admitted in evidence as defense exhibits depicted the gaps below and to the sides of the stall door. Easton shouted at defendant to leave, and defendant did so. After the police arrived, the boys emerged from the toilet stalls and identified defendant to the police.

Defendant was convicted of a public offense, and properly subject to a jail term of up to six months and a fine of up to $1,000. He is also required to register as a sex offender for the rest of his life in California. (§ 290, subds. (b), (c).) The registration requirement is intended to enable law enforcement agencies to monitor his location and protect the public. Although the longer period of incarceration entailed in a felony sentence would further protect the public, we cannot rewrite the statute to accomplish such a goal. In defendant’s case, given his presentence credits and the passage of time, he has already served his 16-month felony sentence, although it was improperly imposed.

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section  314 Indecent Exposure.