Although it may seem like a fairly simple charge, indecent exposure can be surprisingly complicated and can lead to severe penalties. Indecent exposure is a particularly difficult legal matter because of the ever-shifting expectations society has on decency. What the law does prohibit specifically is the public exposure of a nude body or genitals with lewd intent. Depending on the degree of exposure and the context in which the alleged exposure took place, the penalties you face can be extremely harsh. If you have been charged with indecent exposure, it is essential that you contact a San Francisco criminal defense attorney as soon as possible.
Elements of an Indecent Exposure Case
The indecent exposure law, as it’s sometimes called, is regulated by the California state legislature. Local rules may be different in an effort to exact a more or less strict decency standard, but if it is stricter than the state law, it will be declared invalid.
To be convicted of a crime of indecent exposure, these elements must be proved:
- You Intentionally Exposed Yourself Or Your “Private Parts”;
- You Did So In A Public Area Or In An Area Where Other People Were Present; And
- You Did So With The Intent To Draw Attention To Your Genitals To Sexually Arouse Yourself Or Another Person Or To Sexually Insult/Offend Another Person Or Other People.
If any one of these element is missing from the prosecutor’s case, charges must be dismissed.
Legal Repercussions of Indecent Exposure
These charges can be harsh depending on circumstances and are considered a sex crime. A misdemeanor will be charged if you expose yourself in a public place, consisting of up to 6 months of jail time, maximum $1,000 fine, and a lifetime obligation to register as a sex offender pursuant to Penal Code 290. Aggravated charges of indecent exposure involve exposing yourself in a lived-in house, trailer, or any other domicile that you enter without permission. In this case, you will be charged with a felony, which can result in up to 16 months to 3 years in a California State Prison, up to $10,000 in fines, and a lifetime duty to register as a sex offender.
Criminal Defense Lawyer in San Francisco
Aggressive legal representation is essential for a strong defense in indecent exposure cases. Okabe & Haushalter can handle your case with the utmost professionalism by some of the most experienced lawyers in California. We have handled many high profile cases resulting in successful resolutions for some of the most challenging charges. Our firm can strategically handle your case with legal prowess, stemming from a mastery of the most difficult legal situations.
Call a San Francisco defense attorney if you’ve been charged with indecent exposure.