Indecent exposure is a violation of Penal Code Section 314. Under this section, every person who willfully and lewdly exposes his private parts in a public place where others are present, and other people are intended to be offended or annoyed, can be found guilty of indecent exposure.

Indecent exposure can be classified as both a felony and a misdemeanor.

The key element to prove this charge is willfulness and lewdness. The simple act of nudity is not indecent exposure. There must be intent to draw attention to the exposed private parts. For example, exposing one’s buttocks, or “mooning” someone with intent to annoy the person, but without sexual intent does not constitute a violation of Penal Code Section 314. However, if a driver exposes his male organ and says “suck on this!” during an incident of road rage, this would be considered evidence against the perpetrator for an indecent exposure conviction.

If you or someone you know has been involved or is alleged or has been charged with this offense, please contact us immediately. We will set an appointment to discus your case details; educate you on current law and possible defense strategies. This is a very serious change and can result in registration under Penal Code Section 290. Please contact us today and remember the initial consultation is free.

Please email me at : information@orangecountycriminaldefenselaw.com on any criminal matter or call us at: 877-815-7421 or fill out our contact form.

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