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Indecent Exposure | Fresno Criminal Defense Sex Crime Attorney

PC 314(1) Indecent Exposure: Every Person who willfully and lewdly, either:

(1) 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

(2) Procures, counsels, or assists any person so to expose himself or take party 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.Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year.Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.

Penal Code Section 314 is punishable by lifetime registration as a sex offender.

Penal Code Section 314 is a wobbler, that maybe punished as a felony or misdemeanor.

Some insight from a Criminal Defense Attorney's perspective on PC 314 Indecent Exposure.  This crime is one that can be misconstrued on many fronts, or when correctly charged, could be a condition or action brought on be a disorder that can be treated.  One of the worst case scenarios is a, usually young individual, who decides to show off his recently matured parts as a prank.  Inadvertently exposing both his genitals to another person, and himself to a lifetime of registration as a sex offender per Penal Code Section 290. There are other factual situations where a individual is urinating in public, and gets accused of the more serious and register-able offense of Indecent Exposure. An honest defense of urinating in public will avoid the registration requirement.  Facts make cases.  I would advise consulting with a Criminal Defense Attorney to assist in defending against criminal allegations by applying the facts to the law.

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