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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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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