Criminal Defense Lawyers Representing People Who Have Been Accused Of Indecent Exposure
Indecent exposure criminal charges are covered under California Penal Code Section 314. Its defined as willfully exposing one's genital's to another individual when the exposure is made with the specific intent of sexual gratification or to offend the other individual.
The exposure of genitals can occur in a public place or any other place where other individuals are present to be offended, annoyed, and is offensive to decency or the exposure was to excite to lewd thoughts or acts. Indecent exposure laws in California are vague and could include behavior you may not have believed was a criminal act.
If you have been accused of this sex crime, consult with a Los Angeles indecent exposure attorney at our law firm to review the facts and evidence of you case in order to formulate an effective defense strategy.
Indecent Exposure – California Penal Code 314 – Elements of the Crime
In order for a Los Angeles County prosecutor to obtain a conviction for indecent exposure, they must prove beyond any reasonable doubt the following elements of the crime:
- The defendant willfully exposed their genitals in the presence of another individual who might be offended or annoyed by their actions. By law, willfully means willingly or on purpose
- When the defendant exposed themselves, they acted in a lewd manner by intentionally directing attention to their naked genitals with the intent of personal sexual arousal or to offend the other individual
Legally, it's not required that the other individual actually see their exposed genitals. The fact that the defendant exposed their genitals in the presence of another person could be sufficient for a conviction.
If the alleged indecent exposure act occurred after the defendant entered a house or other building without consent, they could be criminally charged with a felony case of aggravated indecent exposure.
Every sex crime case has its own set of unique circumstances and evidence. Therefore, it's critical to speak with a Los Angeles indecent exposure attorney at our law firm as soon as possible. Our sex crime defense lawyers will need to thoroughly all the details in order to start building a solid defense strategy.
Legal Penalties for an Indecent Exposure Conviction
Typically, the sex crime offense of indecent exposure is a misdemeanor crime that can carry a sentence of up to six months in a Los Angeles County jail, a fine up to $1,000, counseling, and sex offender registration for life.
If a defendant is facing an aggravated indecent exposure charge that included entering a building or house without consent, they can be charged with either a misdemeanor or felony crime by the prosecutor. A prior conviction of indecent exposure or lewd and lascivious acts under California Penal Code Section 288 can also turn a misdemeanor indecent exposure into a felony sex crime case.
If convicted of a felony sex crime case, the defendant could face up to three years in a California state prison, a $10,000 fine, and mandatory sex offender registration for life under California Penal Code Section 290. This requirement is an extremely harsh penalty as it will last their entire life.
If the defendant fails to comply with this registration requirement, they could face a criminal charge of failure to register as a sex offender. Additionally, an indecent exposure conviction could cause the loss of a professional license, such as a doctor's medical board license, dental board and nursing licenses. This sex crime conviction could also prevent a defendant working in certain occupations. Consult with a Los Angeles indecent exposure lawyer at our law firm for more information.
Legal Defenses against Indecent Exposure Charges
An experienced Los Angeles indecent exposure attorney from our criminal defense law firm can use a variety of legal defenses on your behalf. They include:
- Insufficient evidence – this could include proving there was not another individual around to offend, your genitals were at least partially clothed, your exposure was not willful and you did not act lewdly with specific intent to arouse a sexual gratification.
- False Accusation – sex crime offenses are often false allegations. They typically require little proof and could be based on just the word of another individual seeking revenge, acting out of jealously or anger.
- Mistaken Identity – depending on the specific circumstances that lead to your arrest for indecent exposure it may be possible that an alleged victim simply mistakenly identified you as the person who exposed themselves. It might be possible the location was in a dark environment, or the face of the actual perpetrator's face was partially obscured.
Call a Los Angeles Criminal Defense Attorney
It's can't be overstated why you need to call a Los Angeles indecent exposure attorney at our law firm as soon as you have been accused of this sex crime. Just an allegation of indecent exposure can be devastating to your personal and professional life, even if you are never convicted. It can be embarrassing and ruin your reputation within your neighborhood. It may also jeopardize your ability to support your family. Even worse, if convicted of indecent exposure, you may have to register s a sex offender for life.
Due to these potentially harsh legal consequences, it's crucial that you are represented by a highly skilled and experienced criminal defense lawyer. This type of superior legal representation can be found at the top-ranked criminal law firm of Eisner Gorin LLP.
Our sex crime defense lawyers have decades of experience in any type of sexual related offenses, such as indecent exposure. As former Los Angeles County prosecutors, we understand how the prosecutor builds their case and how to break down their criminal case with solid and effective defense strategies. Call our defense attorneys at 877-781-1570 to lean how we can help you.