If you are arrested and charged with indecent exposure, your reputation and your future are at stake. Indecent exposure is considered a sex crime charge in the State of California and you can face severe consequences if you are convicted. While society's definition of indecent has changed throughout the years, California's indecent exposure statute has not changed since 1872.
California Penal Code 314 PC addresses the crime of indecent exposure. According to this statute, it is against the law to willfully expose your genitals to another person for your own sexual gratification or to offend the other person.
In the State of California, indecent exposure is considered a wobbler. This means that the prosecution can choose whether to prosecute this sex crime as a misdemeanor or a felony offense, depending on the circumstances. As such, it is important to have an experienced Oakland sex crime lawyer on your side from the moment you are arrested.
If you are convicted of indecent exposure in California, you face a wide range of penalties and consequences, including:
If you are convicted of either a misdemeanor or a felony offense, the State of California mandates that you register as a sex offender for the remainder of your life. This is extremely harsh and failure to comply with this registration is not treated lightly.
There are many defenses your attorney can employ to have the charges of indecent exposure reduced or even dismissed all together. In order to obtain a conviction of indecent exposure, the prosecution has to prove that you:
It is not necessarily a crime to be naked in public and there are many parts of San Francisco that even embrace this lifestyle. This means that if you did not expose yourself for the intent of offending another person or arousing yourself, then you cannot be convicted of indecent exposure.
John had a few too many drinks one Saturday night and stumbled into an alley to urinate. A young girl was walking nearby, although John's back was turned to her. A police officer arrested him and John soon found himself facing multiple charges, including indecent exposure. John's attorney argued that John did not knowingly expose his genitals to another person and did not do so to arouse or offend. Subsequently the indecent exposure charges were dropped.
Sex crime offenses like indecent exposure are very serious crimes and require the skills and experience of a veteran Oakland sex crimes defense lawyer. Call the Oakland Law Office of Nabiel C. Ahmed today to set up a free review of your case.