According to California Penal Code 314 PC, willfully or lewdly exposing your genitals to another person to sexually gratify, arouse, or offend them is regarded as indecent exposure.
The exposure must occur in public or in front of people who get insulted by the action.
The state of California has strict rules against such an offense. So, even though the defendant may take the case lightly, it’s hardly taken that way by the prosecutors and jury.
The most common mistake people make is not consulting with a criminal defense attorney instantly. But make no mistake: indecent exposure comes under sex crime. So, not fighting back the charges or facing them alone can lead to grave consequences. The worst possible scenario is registering as a sex offender for life.
Here, the burden of proof lies on the prosecution. That means the prosecutor must prove that:
- You exposed your genitals willfully in front of another person, and your actions offended the said person.
- You intended to direct public attention to your genitals.
- You exposed yourself indecently to gratify another person sexually or offend them.
Even if no one saw you exposing yourself in public, you can be charged and convicted of misconduct. Your intent alone is enough to convict you, regardless of anyone noticing your exposed genitals.
Indecent exposure is taken as a wobbler offense. That means you can be charged with a misdemeanor or a felony, depending on the allegations.
As a misdemeanor, you can face up to six months in the county jail with a $1,000 fine.
In comparison, you can end up facing three years in state prison with a $10,000 fine if convicted of a felony.
In both cases, registering as a sex offender is a must.
As a registered sex offender, you will have to face harsh consequences for life – for example, the social stigma of your loved ones and the general public knowing your record.
Additionally, the state deprives sex offenders of certain life benefits, such as visiting locations where children are present or applying for privileged jobs. Besides that, your address, place of current employment, and personal information will be under continuous scrutiny by the police.
At The Law Office of Marc S. Kohnen, we believe that just because you have been charged or arrested for indecent exposure doesn’t mean you should be convicted, too. We know the stakes are high. That’s why we pursue your case aggressively while protecting your rights.
When you hire Marc and his legal team, you can give your worries a rest. On our end, we’ll devise a defensive strategy that can justify or dismiss your actions altogether.
Since Marc holds excellent negotiating skills, he can make it difficult for the prosecution to build a strong case against you. The possible defenses we target include:
- False accusations
- Illegal evidence in violation of your rights
- Lack of Intent on Your Part
- Wardrobe Malfunction causing Accidental Exposure
- Lack of sufficient evidence
Indecent exposure is a severe offense and can leave its mark on you and your family if convicted. That’s why it’s best not to delay consulting with a San Diego indecent exposure defense lawyer.
Your decisions today will make all the difference to your future. So, call us at The Law Office of Marc S. Kohnen and let us know how we can help.