Exposing yourself to others in public can land you in serious legal trouble. If you are facing criminal charges for indecent exposure do not hesitate to contact San Diego indecent exposure attorney Vikas Bajaj for help. If you do not fight these criminal charges you will risk jail time, expensive fines, and the requirement to register with the state as a sex offender. The best way to avoid these (and other) consequences is by hiring an experienced indecent exposure lawyer San Diego to handle your case.
Vikas Bajaj has more than 19 years of experience handling complex and serious criminal matters, including those for indecent exposure. His aggressive approach to defense law prevents state prosecutors from building a strong case against his clients. In many cases, he is able to negotiate a favorable plea or get the charges against his clients dropped altogether. He knows that your future is on the line and will fight to protect it. Call the Law Office of Vikas Bajaj, APC today to set up a free consultation and learn more.
What is Indecent Exposure?
Indecent exposure, as defined in California Penal Code 314 PC, occurs when you willfully and lewdly expose your genitals to another person for the purpose of arousal or causing offense. In order to be considered indecent exposure, the exposure must occur in public or in the presence of other people who would be offended or annoyed by the conduct.
State prosecutors must be able to establish each element of the crime in order to get a conviction in your case. This means that they must prove:
- You willfully exposed your genitals in front of another person who might be offended or annoyed by those actions,
- When you exposed yourself you intended to direct public attention to your genitals, and
- You intended to sexually arouse or gratify yourself or another person, or sexually offend another person.
It is important to know that you can be charged and convicted of indecent exposure even if no one actually saw you. The crime occurs when you expose yourself with the intent that others see. The fact that you are unsuccessful in getting others to look at your exposed genitals is not a defense.
Examples of Indecent Exposure
What kind of behavior might be considered illegal under Penal Code 314 PC? In California, following behaviors would likely be considered to be indecent exposure:
- A man streaks across a college campus with the intent to sexually offend others.
- A man sits on a park bench and masturbates as others in the park walk by.
- A woman flashes a group of people in a crowded bar to arouse them.
- A man enters his ex-girlfriend’s home and exposes himself in front of her with the intent to arouse her.
Penalties for Indecent Exposure
Indecent exposure is generally charged as a misdemeanor offense in California. The maximum allowable criminal penalty for a misdemeanor indecent exposure conviction includes any of the following:
- Six months in a San Diego County jail,
- $1,000 in criminal fines, and
- Registration as a sex offender in the state of California.
There are certain situations when acts of indecent exposure can be charged as a felony. You will face felony charges for aggravated indecent exposure if you have prior convictions for indecent exposures and/or break into another person’s home to expose yourself. A conviction for felony indecent exposure is punishable by any of the following:
- Up to 3 years in a California state prison,
- $10,000 in criminal fines, and
- Registration as a sex offender in the state of California.
Sex Offender Registration Requirement
Indecent exposure may be a misdemeanor, but it is also classified as a sex offense in California. When you are convicted of a sex crime you will be required to register with the state as a sex offender. California’s sex offender registry laws divide sex crimes into three distinct tiers. The least serious offenses are placed in Tier One and the most serious offenses are placed in Tier Three. Each tier imposes certain reporting requirements and limitations on registered offenders. Indecent exposure is a Tier One sex offense and requires convicted offenders to register annually for a period of ten years.
As a registered sex offender your rights and freedoms will be severely compromised. Sex offenders are restricted from visiting locations where children may be present and have limitations on the types of jobs they can hold. Each year (and whenever your circumstances may change) you will be required to report specific information to the local police, including your address, place of employment, and even online usernames.
Defenses to Indecent Exposure Charges
Just because you have been arrested for indecent exposure doesn’t mean that you will be convicted of the crime. Our indecent exposure lawyer San Diego will aggressively pursue any defense that can help to explain, excuse, or justify your actions. Successfully argued defenses will make it difficult for the state to build a strong case against you. This can help to get the charges in your case reduced or thrown out. Defenses to indecent exposure may include:
- You didn’t intend to arouse or offend.
- You mistakenly exposed yourself.
- You didn’t attempt to direct public attention to yourself.
- You believed you were in private.
- You have been falsely accused.
- Violations of your Constitutional rights.
Fighting Indecent Exposure Charges in San Diego
If you have been arrested for indecent exposure it is important to speak with an experienced indecent exposure lawyer San Diego as soon as you can. Indecent exposure is a serious sex crime and a conviction would be devastating for you and your family. In addition to facing jail time, you will also be required to register as a sex offender. This will restrict your freedoms and expose you to harsh social stigmas and treatment. The indecent exposure lawyer San Diego at the Law Office of Vikas Bajaj, APC can help you fight these charges and protect your future. The decisions you make now will affect your future, so do not hesitate to call us today for help.