When we talk of “indecent exposure” in the state of California, this is actually not something you can define with clear-cut accuracy. The concept is always prone to a bevy of interpretations and even misinterpretations depending on the ever-changing standards of society. Thus, what may have been considered as indecent exposure just a few years ago may just be called as showing off a bit of skin today. You would probably recall how a woman walking downtown with in a bare midrib shirt would be immediately tagged as indecent just a few decades ago. These days, you can wear a sheer corset or tube or even a flimsy bikini top with the “right” bottoms and be considered a certified fashion maven.

Nonetheless, despite the radical changes in the way fashion has been and is continued to be perceived by society, California’s “indecent exposure” law still more or less contains the same tenets as it did way back in the late 1800s. This legislation was specifically codified under Penal Code 314 which in general states that it is prohibited to publicly expose your naked body or genitals with lewd intent. You should note that qualification, however. The law seems to be quite equivocal on the matter of the exposure being coupled with “lewd intent.”

So what are the requisites to be fulfilled in order for a person to be actually convicted of the crime of indecent exposure in the state? In other words, what constitutes the elements of the said crime or those that must be established by the prosecutor? Basically, these are the things to pay attention to:

  1. The offender intentionally exposed his private parts.
  2. He did the act in a public area or in an area where other people were present and likely to be offended or annoyed.
  3. He performed the act with the intent to draw attention to his genitals either for the purpose of sexually arousing himself or another person or it was done for the purpose of sexually insulting or offending another person or persons.

Now let’s discuss the general penalties of this offense. If you are convicted of the crime of indecent exposure under California Penal Code 314 PC, it’s normally called a misdemeanor offense. If it’s a simple misdemeanor offense, this means that there are no aggravating circumstances present and the penalties are relatively less harsh, inclusive of:

  1. A jail term of up to six months in a county jail.
  2. A maximum fine of $1,000.
  3. A lifetime duty to register as a sex offender pursuant to Penal Code 290.

Naturally, in the presence of aggravating circumstances like exposing yourself in an inhabited place where you entered without permission, the penalties will be much more severe. In addition, repeat offenders will also face heavier legal consequences.