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 Wilfert Law P.C. today.