Saturday, May 18, 2013

INDECENT EXPOSURE LAWS CALIFORNIA Penal Code 314(1) & 314(2) PC Criminal Defense Attorney San Bernardino County


California "indecent Exposure" Law is found at Penal Code Section 314(1) & 314(2) PC. Indecent Exposure is usually charged as a misdemeanor and if the defendant is found guilty of misdemeanor indecent exposure he faces up to 180 days in jail. In some case, indecent exposure is charged as a felony. This happens where the defendant has previously been convicted of indecent exposure or where the defendant has previously been convicted of lewd acts with a minor. For felony convictions of indecent exposure the defendant faces up to 3 years in prison.

To be convicted of indecent exposure (PC 314), the prosecutor must prove that the defendant purposefully exposed his or her genitals in public for the purpose of arousing himself or herself or to sexually arose another person. A "public place" is a place a place where the general public may travel.

Common defenses to indecent exposure (PC 314), include the fact that the exposure was not sexually motivated such as nude sunbathing, topless dancing as  a freedom of expression or art, "mooning" someone, accidental nudity, etc.

Another common defense to a charge of indecent exposure (PC 314), includes the fact that the exposure might not be in "public" view or directed toward the public; for example: exposure in a fenced yard, etc.

To learn more about the charge of indecent exposure (PC 314) in California, contact San Bernardino County Sex Crimes Criminal Defense Attorney Christopher Dorado today. There is no fee for initial consultations and our office is available 24/7. Call Today or visit SexCrimesAttorney909.com today: 909.913.3138

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