California law defines Penal Code 314, Indecent Exposure, as:
“PC 314 Every person who willfully and lewdly, either:
- Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or…
- Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.”
This means that if someone exposes their private parts to someone in any public place for offending others or sexual gratification, is guilty of the crime of indecent exposure.
Penal Code 314 triggers lifetime sex offender registration!
What are examples of indecent exposure in Orange County, CA?
- A person flashes someone at a bus stop after opening their long raincoat while having no clothes underneath.
- A couple being naked in their car when a jogger or officer passes by and openly sees them naked.
- A woman shows her breasts at a ballgame to someone on the stands so they can get either offended or aroused.
How does the law define private parts?
Private parts must be bare, not in underwear to be deemed exposed. Generally speaking, private parts for females include the breast where nipples are showing, anus and vagina. Private parts for men include the anus, penis, and testicles. Men’s breasts are not considered private parts. The rule of thumb is what is covered at the beach, as long as it’s not a nudist beach.
What are examples of a public place?
A public place is one that is not privately owned by an individual or company. It is a place designated for the public. Common examples of public places are:
- Public Libraries
- (Exception to public ownership) Private places where the mass public is allowed to enter such as stores, hospitals, and schools
What does sexual gratification mean?
Sexual gratification does not mean orgasm. It does not mean either party was sexually aroused either. It simply means that there was a sexual thought or intent of sexual gratification. It can be thought of as getting a little “sexual kick.”
Does anyone have to be sexually gratified to be guilty of indecent exposure?
No, no one has to be sexually gratified, because it says, “sexual gratification or offense.” If someone was offended or could have been offended from the indecent exposure, then it’s enough.
What are the defenses to indecent exposure charges in Orange County, CA?
- There was no exposure to private parts.
- There was no one around or you did not know of other being around or who could have been offended.
- It was not you; they have the wrong person.
What are the penalties or punishment(s) for indecent exposure in Orange County, CA?
Indecent exposure is a wobbler in California. That means the district attorney can charge it as a Felony or Misdemeanor.
Misdemeanor Indecent Exposure, PC 314 Penalties:
- 0-180 days in jail.
- Up to $1,000 in fines.
- Register as a sex offender for a minimum of 10 years per Penal Code 290.
Felony Indecent Exposure Penalties for “aggravated” exposure or repeat offense.
Felony PC 314(1) Penalties:
- One year and four months, or two years or three years
- Up to $10,000 in fines.
- Crimes of moral turpitude for immigration.
- Firearms restrictions.
- Public office restrictions.
- Jury service restrictions.
Misdemeanor Aggravated (Entering a private structure or residence and committing indecent exposure) Indecent Exposure Penalties:
- 0-180 days in jail.
- Up to $1,000 in fine.
- Register as a sex offender for a minimum of 10 years.
*Failure to register as a Sex Offender when ordered to do so is a crime and carries penalties for the failure to register as a sex offender.