California’s laws on indecent exposure and lewd conduct have been the same since 1872 and both these cases often carry severe punishments that can have lifetime consequences. The law offices of Randy Collins has a number of years of experience in defense of indecent exposure and lewd conduct charges. They’ve helped a lot of people wrongfully accused of a crime in LA and has had a lot of success in reducing charges and reducing punishment. If crimes of the same nature have been charged against you, contact Benjamin Theule in his office for a consultation.
Under Penal Code 314 PC in California, indecent exposure is considered a sex crime. Indecent exposure is defined as the willful exposure of one person’s genital area to satisfy oneself sexually and/or offend another person. To be charged with this crime, certain elements must be satisfied. First, there must be exposure of genitals and/or female breasts and it must be proven that the exposure was intentional and not accidental. Evidence must also be provided that the purpose of the exposure was your sexual gratification or of another person. There must also be an offended third party who witnessed the exposure.
Indecent exposure is usually charged as a misdemeanor and a guilty verdict can result to imprisonment of not more than 6 months, fines, and a required registration as a sex offender. Being registered as a sexual offender can affect your life and future so it is important to prevent a guilty verdict for indecent exposure. Multiple charges may also lead to a felony charge and a longer prison sentence.
Lewd Conduct is a crime under California’s Penal Code 647. It is characterized as engaging or soliciting immoral and lewd behavior in public to offend other people and/or sexually satisfy a person. Touching your genitals, ass and/or female breast for the purpose mentioned above can be considered as a basis for a lewd conduct charge. Certain activities that other people may consider sexual are not crimes unless you do such things knowing that other people will be present to watch and may be offended by such activities.
Punishment for this type of crime is usually not that harsh. If proven guilty you have to pay fines, attend mandatory counseling and an AIDS test. If a lewd behavior charge is charged along with an indecent exposure charge though, then you also have to register as a sex offender and have harsher punishment.
Indecent exposure and lewd behavior defense mostly consists of proving that the elements of the crime are not completely satisfied therefore making the charge moot. For example, there may not be a third party that witnessed the event or they may have been no genitals exposed. Certain circumstances like being caught in an entrapment set by police may also be a reason for the case to be dropped. Proficient Los Angeles indecent exposure attorneys can help you make a strong argument that can result to dropping of the case, dismissal of the charge or reduce the charge.