Updated July 11, 2020

Former D.A. Explains "Indecent Exposure" laws – Is it Illegal to Be Naked in Public?

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Under Penal Code 314 PC, California law defines indecent exposure as willfully exposing one’s naked body or genitals to another person who would be offended or annoyed by it. The crime is generally prosecuted as a misdemeanor and punished by up to 6 months in county jail as well as a sex offender registration requirement.

California indecent exposure law is broad and also vague…and can cover behavior that you might not have thought was criminal. If you are facing indecent exposure charges, you may be surprised and feel that your rights have been violated.

Interestingly, despite constant changes in what society considers “indecent,” California’s indecent exposure statute has remained virtually unchanged since its enactment in 1872.

Here are some examples of behavior that can lead to California indecent exposure charges:

A female baring her breasts in a crowded restaurant in order to sexually gratify her boyfriend;

An adult male standing on a street corner “flashing” his genitals to females who walk by for sexual gratification purposes; and

A teenage boy exposing his genitals to elderly women walking out of a church with the goal of offending them.

Penalties

While a California “indecent exposure” conviction may not seem like a very serious offense, the repercussions can be devastating.

In most cases, a first indecent exposure conviction subjects you to misdemeanor penalties of up to six (6) months in county jail and a fine of up to one thousand dollars ($1,000). 1 2 A second offense is a felony and can lead to a California state prison sentence.

But perhaps worst of all…a Penal Code 314 PC conviction subjects you to a minimum ten (10) year duty to register as a Tier one California sex offender. (California Senate Bill 384 recently created a three-tier sex registration system that reduced the registration requirement for indecent exposure to ten (10) years. It used to be for life.)

Legal defenses

The good news is that a good California criminal defense attorney knows a variety of ways to beat an “indecent exposure” allegation. 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:

You never actually exposed yourself,

You weren’t aware of anyone else being present who would be offended, and / or

You were the victim of mistaken identity.

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

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

1. What is the legal definition of indecent exposure in California?

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:

that you willfully exposed your genitals, in the presence of someone who might be offended or annoyed by your actions, AND 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.

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…but it doesn’t necessarily mean that you intended to break the law or hurt someone else.

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), or

Reveal a female bare breast (regardless of whether it was revealed for sexual purposes or while breastfeeding).

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 offended or annoyed by the exposure.

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 didn’t believe others would see you…then the action probably doesn’t meet the definition of indecent exposure.

But with respect to people being “offended or annoyed,” California “indecent exposure” law doesn’t 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 doesn’t mean she wouldn’t be offended or annoyed by it.

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. This means that exposing your genitals isn’t 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.

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. 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…won’t 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 gratify or arouse yourself sexually,

An intent to gratify or arouse someone else sexually, or

An intent to offend someone else sexually.

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.

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 isn’t 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.

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.

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), 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).

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.

This form of aggravated indecent exposure is a wobbler . . . which 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 . . . but your maximum jail sentence increases to one (1) year.

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,

up to ten thousand dollars ($10,000) in fines, and

a 10-year (minimum) duty to register as a sex offender.

2.2. Repeat offenders: automatic felony indecent exposure

Finally, if you are either

convicted of Penal Code 314 PC indecent exposure for a second or subsequent time, or 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.

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. 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 . . . and a misdemeanor if you are required to register because of a misdemeanor indecent exposure conviction. Penalties can include up to one (1) year in county jail . . . or up to three (3) years in state prison.

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

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.

3. How can a person fight this charge in court?

There are a variety of legal defenses to a California “indecent exposure” charge that a good sex crimes defense attorney may be able to present on your behalf. The following are examples of some of the most common defenses.

Insufficient evidence

It bears repeating that, if the prosecution doesn’t prove each and every element of a Penal Code 314 PC violation, you are not guilty of indecent exposure. This means that if, for example, the evidence suggests that

there was no one around for you to offend,

your genitals were partially clothed,

you didn’t act “lewdly”, or

you didn’t satisfy any of the other requirements of California’s “indecent exposure” law,

then you may not be criminally liable for this offense.

False accusations / wrongful arrest

As Rancho Cucamonga criminal defense attorney Michael Scafiddi explains,

“Sex offenses are always ripe for false accusations. They often require little proof…since many are based on “he said/she said” allegations…which makes it easy for someone seeking revenge, or acting out in anger or jealousy, to falsely accuse another person of a crime.”

A skilled California sex crimes defense lawyer understands this and will always explore this possibility as a defense option.

Mistaken identity

Depending on the circumstances of the alleged offense, it is quite possible that even a well-meaning victim could have mistakenly identified you as the individual who unlawfully exposed him/herself.

Perhaps the alleged offense took place in a dark environment. Perhaps the perpetrator’s face was partially hidden. Perhaps the victim’s view of the perpetrator resembled you from the back. Perhaps you share the same name as the suspected “flasher”.

There are a number of reasons why you could have been mistakenly identified as an “indecent exposure” culprit…and it’s your California criminal defense attorney’s job to convince the judge and/or jury of that very fact.

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’s “indecent exposure” law is closely related to a variety of other offenses…either because they are frequently charged in connection with one another, or because similar behavior can trigger charges of either offense.

Some of these related offenses are:

4.1. Penal Code 647(a) PC “lewd conduct in public”

A California Penal Code 647(a) PC “lewd conduct in public” charge may arise when an individual touches him/herself or another person in public with sexual intent. It’s the “touching” requirement that is the major difference between a 647(a) PC charge and an indecent exposure charge.

If you “indecently” expose yourself while you touch yourself or another person, prosecutors could charge you with both offenses.

Lewd conduct in public is a misdemeanor in California.

As a practical matter, when a person is charged with lewd conduct in public, prosecutors often “tack on” an indecent exposure charge to raise the ante and gain leverage in the case. This is because lewd conduct convictions don’t trigger a duty to register as a sex offender, whereas indecent exposure convictions do. In this situation, many defendants will gladly plead to the lewd conduct charge, if the prosecutor agrees to dismiss the indecent exposure charge, and thereby take the risk of sex registration off the table.

4.2. Penal Code 288 PC “lewd conduct with a minor”

California Penal Code 288 PC “lewd acts with a minor child” (sometimes confused with “lewd conduct in public”) prohibits engaging in lewd conduct with a child who is under 14…or who is 14 or 15 and at least ten years younger than the accused.

Like lewd conduct in public, the crime of “lewd acts with a child” requires some form of lewd touching, which distinguishes it from indecent exposure. However, if you expose yourself in front of a minor while touching him/her…you could be charged with both offenses.

Lewd conduct with a minor is a more serious offense than indecent exposure. It is a wobbler if the victim is 14 or 15…and a felony, carrying a potential prison sentence of up to eight (8) years, if the victim is under 14.

4.3. Penal Code 459 PC “burglary”

California Penal Code 459 PC “burglary” is defined as entering any structure with the intent to commit a felony once inside.

As we discussed above, if you enter a home, trailer, or other inhabited structure without permission and then commit indecent exposure…you may be charged with “aggravated” indecent exposure. And in this kind of case…the act of entering the structure can itself be the separate crime of California burglary.

(Despite common misperception, burglary doesn’t necessarily involve stealing. Entering a home or building intending to commit any felony once inside will suffice. )

Thus . . . while it may seem odd that California Penal Code 459 PC “burglary” is related to California “indecent exposure” law . . . they are, in fact, sometimes connected.

This means that if you enter a structure and then expose yourself, prosecutors could charge you with burglary and indecent exposure. AND, even if you don’t actually succeed in committing indecent exposure once inside the house, you may still be charged with burglary if you had the intent to do so.

Burglary of an inhabited structure is a felony. The penalty will be two (2), four (4) or six (6) years in California state prison.

4.4. Penal Code 602 PC “trespass”

California Penal Code 602 PC “trespass” occurs when someone enters a building or other property without permission. It does not matter whether they intend to commit a felony once inside. California trespass is typically (but not always) a misdemeanor.

Trespass charges may come into play if the prosecutor would like to charge you with aggravated indecent exposure and/or burglary for entering a house with the intent to commit indecent exposure…but s/he doesn’t have enough evidence that you actually intended to commit indecent exposure.

Trespass can also be a useful plea bargain from an indecent exposure charge. If the prosecutor agrees to dismiss the indecent exposure charge in exchange for a plea to trespassing, you will have a much less serious conviction on your record…and you won’t have to register as a sex offender.

4.5. Penal Code 415 PC “disturbing the peace”

California Penal Code 415 PC “disturbing the peace” may occur when someone behaves in a loud, belligerent, or offensive way in public.

Although “disturbing the peace” isn’t technically related to indecent exposure, it is frequently used as a plea bargaining tool by indecent exposure criminal defense attorneys. This is because pleading guilty to a “disturbing the peace” charge will not subject you to the duty to register as a sex offender.

Therefore, “disturbing the peace” is an offense that your California criminal defense lawyer may try to negotiate on your behalf . . . in exchange for the prosecution’s dismissal of your Penal Code 314 PC “indecent exposure” charge.

For additional assistance…

If you or loved one is charged with Penal Code 314 PC indecent exposure and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

For more information on Nevada “indecent exposure” laws, please visit our page on Nevada “indecent exposure” laws.

¿Habla español? Visite nuestro sitio Web en español sobre la ley exposición indecente de California.

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