Indecent Exposure | Penal Code § 314

Description

A person who willfully and lewdly, either 1. Exposes his person, or the private parts thereof, in any public place or in any place where there are present other persons to be offended or annoyed; or 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, to or make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts may be charged with a misdemeanor; and, to commit such after having entered, without consent, an inhabited dwelling may be charged with Indecent Exposure.

What does the prosecutor have to prove?

1. Defendant willfully and lewdly exposed his person or private parts in a public place or a place where other people are present.
2. The act caused other persons to be offended or annoyed. [PC 314(1)]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No