Aside from the social stigma attached to it, being arrested or charged with indecent exposure could put your freedom and reputation at stake. If you or a family member is under investigation or have indecent exposure charges under Penal Code (PC) 314, retaining the services of a skilled and competent defense attorney could help.

A skilled and experienced defense attorney could negotiate with the prosecutor to secure a lighter charge in a plea bargain, convince the judge to dismiss your charges at trial, or help you secure a minimum sentence upon conviction. Read on to learn more about the offense of indecent exposure under PC 314 and what you should expect upon conviction.

Bail Hearing for Indecent Exposure Charge Under PC 314

As the name suggests, you commit the offense of indecent exposure when you willfully expose your genitals in public around people who could be offended or annoyed. Upon your arrest as a suspect in a PC 314 case, the police could allow you to post bail to secure your freedom.

However, if your crime has no predetermined bail price, you must wait for the first court hearing, also known as an arraignment, to request a release from jail on bail. Unless your arrest occurred on a weekend or public holiday, your first appearance will occur within twenty-four (24) hours.

Several crimes could make you ineligible for bail, but an indecent exposure charge is not one of them. Here are factors the court will consider when determining your eligibility for bail:

  • Public safety
  • The likelihood of fleeing the state or country after your release
  • Your criminal record

Although there are guidelines that the judge must follow when determining your bail price, he/she could set any amount depending on the facts of your unique case, as long as it is not excessive. Here are some possible outcomes to expect at the end of the bail hearing:

  • The court could release you from jail without bail (own recognizance release)
  • The court could grant your bail request and set the amount you should pay to secure your release from jail
  • The court could deny your bail request, meaning you will remain in custody pending your charge’s outcome

When the court grants your bail request, you can pay it using cash, equivalent property, or a bail bond. Also, you must be ready to adhere to all the required terms and conditions upon your release, including:

  • Making your scheduled court appearances to challenge your charges
  • Stay crime free
  • Agree to wear an electronic monitoring gadget

Elements of the Crime in a PC 314 Charge

The judge or jury could convict you of a PC 314 violation if the prosecution team can prove the facts listed below beyond a reasonable doubt at trial:

  • You willfully exposed your genitals
  • You did so in public or in the presence of other people
  • You had the criminal intent to draw the public’s attention to your genitals
  • You did so for sexual arousal, someone else’s, or to offend other people

According to this statute, you do an act “willfully” if you do so willingly and on purpose. However, it does not necessarily mean you had the motive or intent to break the law or hurt another person. That means accidental exposure of your genitals will not suffice to secure a guilty verdict against you under PC 314 at trial.

On the other hand, to “expose” yourself means that you did reveal your naked body to other people. You will not be guilty of a PC 314 violation for doing the following:

  • Exposing your underwear
  • Revealing your bare breast while breastfeeding your child

To secure a PC 314 charge conviction against you, the prosecution team must provide the court with adequate evidence to prove these elements of the crime beyond a reasonable doubt. If not, the court will dismiss or reduce your charges to a lighter offense with less serious penalties.

Potential Penalties to Anticipate Upon a PC 314 Charge Conviction

Unfortunately, when the prosecutor’s evidence and argument against you prevail during the trial hearing, the court will convict you of a PC 314 violation. The penalties you should anticipate upon a PC 314 violation conviction depend on whether the prosecutor files your charges as a felony or a misdemeanor.

If you are a first-time offender, the prosecutor will file your PC 314 charges as a misdemeanor, punishable by:

  • Misdemeanor probation
  • Up to six (6) months of jail time
  • A fine amounting to up to $1,000

However, if you have a prior PC 314 violation conviction on your record, the prosecutor will likely file your charges as a felony, carrying the following possible penalties:

  • Sixteen months, two or three years of detention in the county jail
  • A fine amounting to up to $10,000
  • Felony probation

If you entered an inhabited dwelling, building, or trailer without the owner’s permission, the prosecutor would file aggravated indecent exposure charges against you. Since it is a wobbler, a conviction could attract felony or misdemeanor penalties.

The only difference from the above-listed penalties is that a misdemeanor aggravated charge conviction will attract 364 days of jail time instead of six (6) months.

In addition to these legal consequences, a PC 314 violation conviction will also require you to register as a sex offender with the nearest local enforcement agency for a maximum of ten (10) years. That is true whether your crime is a misdemeanor or felony. Failure to do so could attract criminal charges under PC 290.

Best Defenses Your Attorney Can Use to Challenge an Indecent Exposure Charge

Since every case is different, your attorney will investigate your case to know which defenses will work best in your favor to secure a favorable outcome. Here are the best defenses that could work in your favor to secure the best attainable outcome if you have a PC 314 charge:

  1. What Occurred Does Not Qualify as Indecent Exposure

PC 314 specifies and defines what qualifies as indecent exposure. If the prosecutor cannot prove these elements beyond a reasonable doubt, you would not be guilty of a PC 314 violation.

  1. You Did Not Have Sexual Arousal or Gratification Intent

If the exposure was for a non-sexual purpose or accidental, the prosecutor cannot secure a PC 314 violation conviction against you.

  1. The Allegations You are Up Against are False

Your attorney could argue that you are a victim of false allegations, meaning the allegations you are up against are untrue. For instance, he/she can argue with adequate evidence that the accuser is a bitter ex-girlfriend or spouse with vengeful or jealous intentions. The judge will likely dismiss your charges if this legal defense works in your favor at trial.

  1. You are a Victim of Mistaken identity

Mistaken identity issues are not uncommon in sex-related crimes. With proper evidence, including DNA test results, a reliable defense attorney could convince the court to reduce or drop your PC 314 charges.

For instance, when an eyewitness makes a mistake during the identification process, the prosecutor could wrongfully file indecent exposure charges against you. With proper and convincing evidence to support this defense argument, the court could reduce or dismiss your charges.

  1. You Did Not Expose Your Genitals in a Public Place

As mentioned above, you are only guilty of indecent exposure charge under PC 314 if the exposure of your genitals occurred in public or the presence of other people. If you did not expose your genitals in the presence of other people, you would not be guilty of a PC 314 violation.

Offenses Related to Indecent Exposure Charge Under PC 314

Depending on the facts of your unique case, the prosecutor can secure a conviction against you for any of the following related offenses:

  1. Lewd Acts With a Minor

PC 288 makes it unlawful to engage in lascivious or lewd acts with a minor (someone under the age of eighteen years). Below are examples of instances that could attract charges under this law:

  • Japhet places the hand of his 7-year-old stepdaughter on his penis through his trousers
  • Sam, an 8th-grade teacher, gropes a female student's breasts through her shirt

Since it is a felony, you should expect serious penalties upon a conviction for a PC 314 violation, including:

  • Up to eight (8) years of jail time
  • A fine not exceeding $10,000
  • Both imprisonment and fine
  • Felony probation

  1. Disturbing the Peace

According to Penal Code 415, fighting in public, playing excessively loud music, or using certain offensive words or language in a public space is a crime. Depending on the unique case’s facts, the prosecutor could file PC 415 charges as an infraction or a misdemeanor. A misdemeanor PC 415 conviction will attract a fine of not more than $250 but not jail time.

However, when the prosecutor files the charge as a misdemeanor, a conviction under this statute will carry the legal penalties listed below:

  • Up to $1,000 fine
  • Detention in the county jail for not more than ninety (90) days
  • Misdemeanor probation
  • Both imprisonment and fine

  1. Burglary

A person commits the crime of burglary when he/she enters another person's structure, building, or establishment with the criminal intent to commit a felony or theft offense while inside. The penalties you could face for a burglary charge conviction under PC 459 will depend on whether the offense occurred in a residential or commercial establishment.

First-degree (residential) burglary will attract up to six (6) years of jail time upon conviction. However, if the prosecutor files your offenses as second-degree (commercial) burglary, your penalties upon conviction could include up to one year of jail time.

  1. Lewd Conduct in Public

PC 647(a) makes it illegal to touch your or another person’s genitals, buttocks, or breasts in a public place for sexual gratification or arousal when you know or should have known there are other people nearby who would be offended by the conduct. For the sake of this statute, a public place could be any of the following:

  • Street valley
  • Public bathrooms
  • Sidewalks
  • City parks
  • Common hallway at an apartment

Upon a PC 647(a) violation conviction, your legal punishment could include the following:

  • A fine not exceeding $1,000
  • Detention in the county jail for not more than six (6) months
  • Informal probation

If the court grants you probation instead of jail, the terms and conditions you should comply with during that period could include:

  • Seek counseling
  • Stay away from the scene where the offense occurred
  • Register as a sex offender with the nearest law enforcement agency

  1. Trespass

PC 602 makes it a criminal offense to enter another person’s property or building without the owner’s consent or permission. Depending on the facts and circumstances of your case, the prosecutor could file a trespass offense as an infraction, misdemeanor, or felony. Examples of scenarios that could attract trespass charges include:

  • Camping on a property with clear signage that says “no trespass.”
  • Hiding in another person’s garage

If the indecent exposure offense occurred after entering another person’s property without his/her permission, the prosecutor could file your charge as aggravated trespass. Upon conviction, aggravated trespass could attract felony or misdemeanor penalties since it is a wobbler crime.

Misdemeanor penalties for aggravated trespass could include a fine amounting to up to $2,000 and up to one (1) year of jail time. However, when the prosecutor files it as a felony, a PC 602 violation conviction will attract the following potential sentence:

  • Up to $10,000 fine
  • Not more than three years of jail time
  • Felony probation

Securing an Expungement for a PC 314 Violation Conviction

An expungement is a post-conviction relief option that relieves you of many disabilities and detrimental consequences of a PC 314 violation conviction. Unfortunately, not every defendant is eligible for an expungement under PC 1203.4. You would qualify for an expungement if:

  • You have completed your probation successfully and adhered to all the required terms and conditions
  • You do not have any pending criminal charges

If you are an excellent candidate for this post-conviction relief option, your attorney can help you file a PC 1203.4 petition. The process of securing an expungement for a PC 314 violation conviction is a multi-step process that will require you or your attorney to do the following:

  • Fill out the required paperwork
  • File a PC 1203.4 petition with the court
  • Show up for an expungement hearing or proceeding
  • Refile your petition when the court denies your first application

When the court grants your expungement petition, you can legally withdraw your plea of “guilty” or “no contest” to a “not guilty” plea.

Mistakes to Avoid if You Have Indecent Exposure Charges Under PC 314

Being under arrest or charged with indecent exposure or any other sex crime is undoubtedly an overwhelming and confusing legal issue. The actions or steps you will take if you are in this situation could significantly affect the outcome of your charge. To that end, here are some common pitfalls you should avoid if you are in this situation:

  1. Speaking to the Police Without an Attorney

After an arrest, anything you decide to disclose to the police can and will apply against you in court. Unless the officers want to know your name, you should seek an attorney’s legal guidance before you disclose any other information to them upon an arrest as an offender in an indecent exposure case.

  1. Failing to Hire an Attorney

Although it could seem like you can challenge indecent exposure allegations alone, doing that would not be a wise idea. If your financial situation does not allow you to hire an attorney, the judge will appoint a public defender to offer you the legal representation and guidance you need.

Aside from offering you legal representation at every stage of the prosecution process, your attorney will be your legal counsel during these challenging times for the best possible outcome.

Bottomline

The purpose of indecent exposure law is to prevent sexually motivated public nudity that offends other people. However, obscenity without lascivious intent or accidental exposure of your genitals is not necessarily illegal under PC 314.

If you are under investigation or charged with an indecent exposure offense, a reliable and seasoned defense attorney could raise various defenses to challenge the allegations for the best possible outcome. The penalties you face upon a conviction under PC 314 could be harsh and life-changing, especially if you are a repeat offender.

Retaining the services of a skilled attorney is the best decision you could make if you are in this situation. An aggressive attorney could help you secure the best possible outcome, including:

  • A lighter charge
  • Dismissal of the charges
  • A lighter sentence, including probation instead of jail time

Find a Seasoned Los Angeles Criminal Defense Attorney Near Me

Surviving the confusion and challenges of any criminal allegations requires a keenly developed defense plan and commitment to your constitutional rights. If you are under arrest or charged with indecent exposure, our attorneys at Los Angeles Criminal Attorney can assist you in fighting for the best possible outcome.

We understand the implications of sex crimes on your reputation and freedom. Once you contact us, we will investigate your case immediately and prepare suitable defense arguments to help you secure a desirable outcome. Call us at 424-333-0943 and let our reliable defense attorneys handle the matter for the best attainable outcome.