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PC 314.1

Indecent exposure defense

Information on the crime of indecent exposure is found at California penal code section 314.1

PC 314.1 Law (Abbr.)

Every person who willfully and lewdly, either:

PC 314.1 Every person who willfully and lewdly exposes his or her private parts, in any public place, or in any place where there are present other persons to be offended or annoyed by the exposure, is guilty of PC 314.1.

Willfully and lewdly means that the defendant specifically intended to direct public attention to his or her genitals for the purpose of sexually arousing either the defendant or another person, or to sexually offend another person.

Genitals includes the male and female genitalia as well as a female's breasts.

For example, a defendant who is sunbathing nude in an area that the defendant believes is private and that no one will see him or her in the nude is not indecent exposure because the defendant is not trying to sexually arouse or sexually annoy another person.

If the defendant commits indecent exposure after entering a home without consent, or has previously been convicted of a sex crime, then the defendant will be charged with felony indecent exposure.

PC 314.1 Sentence & Punishment

Probation Sentence: A probation sentence is a period of supervision as opposed to an actual jail sentence. A probation sentence carries conditions of probation, or terms of probation, that must be followed by the probationer in order to avoid further punishment, including an actual jail sentence. A probation sentence for a PC 314 crime is called informal probation, which means that the defendant is not monitored or supervised by a probation officer during the probationary period. Probation setences are available in indecent exposure cases but they are not guaranteed. Whether or not a defendant receives a probation sentence after a PC 314 conviction depends largely on the facts of the case and the defendant's criminal history.

Note: It is possible to be ordered to serve a jail sentence as a term of probation, as opposed to being ordered to a jail sentence without a grant of probation; however, when a jail sentence is ordered as a term of probation the jail term is usually much shorter than the maximum jail sentence and the defendant may usually serve his or her jail sentence on work release or house arrest. 

Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.

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PC 314(1): Indecent Exposure Defense

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All Misdemeanor & Felony Sex Crimes, Including

 PC 288(a)
 PC 288(b)(1)
 PC 288(c)(1)
 PC 288.5(A)
 PC 288.7(a)
 PC 288.7(b)
 PC 288(i)
 PC 261(a)(2)
 PC 261(a)(3)
 PC 261.5(c)
 PC 262(a)(1)
 PC 314.1
 PC 314.2
 PC 288a(b)(1)
 PC 288a(b)(2)
 PC 288a(c)(2)(A)
 PC 288a(i)
 PC 647.6(a)(1)
 PC 647.6(a)(2)
 PC 647.6(b)
 PC 311.11(a)
 PC 311.11(c)(1)
 PC 311.11(c)(2)
 PC 236.1(b)
 PC 236.1(c)(1)
 PC 236.1(c)(2)
 PC 647(b)
 PC 653.22(a)
 PC 315
 PC 647(j)(4)
 PC 243.4(e)(1)
 PC 243.4(a)
 PC 243.4(d)
 PC 289(a)(1)(A)
 PC 289(h)
 PC 289(i)
 PC 289(e)
 PC 289(a)(2)
 PC 266h(a)
 PC 266h(b)(1)
 PC 266h(b)(2)
 PC 266i(a)
 PC 266i(b)(1)
 PC 266i(b)(2)
 PC 286(b)(1)
 PC 286(c)(1)
 PC 286(c)(2)(A)
 PC 286(i)
 PC 285
 PC 220(a)
 PC 290.018
Lewd acts on a minor
Lewd acts on a minor w/force
Lewd acts on a minor 14 or 15
Continuous sex abuse on minor
Intercourse or sodomy of a minor
Oral cop or penetration of a minor
Lewd act on a minor w/injury
Rape by force or fear of injury
Rape of intoxicated victim
Unlawful sexual intercourse
Spousal rape by force or fear
Indecent exposure
Aiding indecent exposure
Oral copulation on a minor
Oral cop on a minor under 16
Oral copulation by force or fear
Oral cop on an intoxicated victim
Annoy or molest a child
Molest person thought to be child
Molest a child in a dwelling
Possession of child porn
Possession of child porn images
Possession of child sadism
Human trafficking for sex
Human trafficking minor for sex
Human traffic minor with force
Agree or solicit prostitution
Loiter to commit prostitution
Keeping a house of prostitution
Distribute nude images
Sexual battery
Sexual battery by restraint
Sexual battery by masturbation
Sexual penetration by object
Sexual penetration on minor
Sex penetration of minor under 16
Sex penetration intoxicated victim
Sexual penetration by force
Pimping
Pimping a minor
Pimping a minor under 16
Pandering
Pandering a minor
Pandering a minor under 16
Sodomy of a minor
Sodomy of a minor under 14
Sodomy by force or fear
Sodomy of an intoxicated victim
Incest
Sexual assault
Failure to register as sex offender

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Related Crimes

PC 314.1 PC 314.2

Sex Crimes Criminal Defense Attorneys

PC 314.1 Indecent Exposure Defense, Law, & Sentencing Information

 
 
 
 
 
 

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