Indecent Exposure
What is Indecent Exposure?
Indecent exposure is a sex crime that must adhere to certain elements in order for a person to be guilty. The elements of this crime are all of the following:
- You willfully exposed your genitals.
- This was done in the presence of someone who might be offended or annoyed with your actions.
- You intended to direct public attention to your genitals for the purpose of either sexually gratifying yourself or someone else or sexually offending someone else.
These elements mean that in order to be guilty, your genitals have to exposed on purpose with the intent of offending someone else.
Penalties for Indecent Exposure
Most first-time offenders face a misdemeanor for this crime. The penalties include:
- Up to six months in a county jail,
- A maximum fine of $1,000, and
- 10-years minimum registered as a sex offender.
The penalties are more severe if you commit aggravated indecent exposure. It becomes aggravated when:
- You expose yourself in an inhabited or lived-in home, trailer, or building and
- You entered the home or building without permission.
When this crime is aggravated it’s a wobbler, meaning it can be charged as a misdemeanor or a felony. If charged as a misdemeanor then you face the same penalties as above but with your maximum jail sentence increase to one year. If charged as a felony the penalties include:
- Sixteen months, two, or three years in a California State Prison,
- A maximum fine up to $10,000, and
- 10-years minimum registered as a sex offender.
Those who have repeated this offense are automatically charged with a felony. You are also charged with a felony if you have a previous conviction of “lewd acts with a minor”. With these charges, you can face the same penalties as aggravated indecent exposure.
Legal Defenses for Indecent Exposure
There are a lot of legal defenses that an experienced criminal defense lawyer could present on your behalf. Here are some of the most common legal defenses for indecent exposure.
There was insufficient evidence.
All of the elements of the crime have to be true, so if there is not enough evidence to prove all of these elements, then you can’t be guilty of this crime.
You were falsely accused or wrongfully arrested.
Many sex crimes are hard to prove and are based on “he said/she said” allegations. False accusations are very common. An experienced criminal defense lawyer can help find the truth.
You were a victim of mistaken identity.
It’s possible that a witness didn’t get a good look at the perpetrator’s face and when asked to identify someone, chose the wrong person.
Fresno Indecent Exposure Lawyer
If you have been charged with indecent exposure, an experienced criminal defense lawyer can help you fight the charges.