Willfully exposing yourself in an inappropriate manner is considered a
sex crime against the suspected individual under California
indecent exposure laws.
In order to be convicted of indecent exposure, the prosecution must show
that the defendant willfully exposed his or her private parts in the presence
of someone who might be offended or annoyed by the defendant’s actions.
If the defendant was unaware of the exposed body part or accidentally
exposes it, the prosecutor most likely cannot establish the elements of
the criminal offense.
Additionally, indecent exposure is a crime of specific intent. So the defendant
needs to have intended to act for a lewd or obscene purpose. The prosecutor
must establish intent by showing that the defendant purposefully directed
public attention to his or her private parts or that the defendant wanted
to achieve sexual arousal or gratification.
Keep in mind, the defendant does not have to be completely naked or unclothed
to be charged with indecent exposure in California. As long as the genitals
were exposed, that is the only thing the prosecutor needs to establish.
A first-offense for indecent exposure is considered a misdemeanor, punishable
by a jail sentence of up to six months and a fine of up to $1,000. Furthermore,
those convicted of indecent exposure is subject to a minimum ten-year
duty to register as a sex offender.
If you have been arrested for indecent exposure in Ventura County,
schedule a free consultation with our experienced
criminal defense attorney at The Law Offices of Jarrod M. Wilfert today.