March 4, 2013

Indecent Exposure Charges in Los Angeles

Under California Penal Code 314, it is illegal to willfully and lewdly expose your private parts in a public place or any place where people would be offended or annoyed by such conduct. The sentencing and punishment for indecent exposure can be severe with long-lasting consequences. For example, if convicted of indecent exposure, you will be required to register as a sex offender under Penal Code Section 290. Thus, you need an experienced indecent exposure defense attorney in Los Angeles who you can trust to represent you.

Wallin & Klarich’s team of Sex Crimes defense attorneys in Los Angeles are experienced in the laws pertaining to indecent exposure and sex offender registration in California. We can provide you with an overview of the elements that the prosecution needs to prove in order to convict you of indecent exposure and help you achieve the best possible outcome in your case.

Defenses to Indecent Exposure in Los Angeles

Even in cases where evidence of indecent exposure appears to be strong, there are a number of defenses to indecent exposure charges that a Los Angeles criminal lawyer at Wallin & Klarich can raise on your behalf. Your attorney can argue:

1. You did not expose your genitals
In order to be convicted of indecent exposure, you must have exposed your genitals i.e. “private parts.” If the exposed area was a body part above the waist, your underwear, or revealing clothing, this defense applies because your actual genitals were not exposed to public view.

2. The exposure did not occur in the presence of another
This defense applies if you were in your own home with a reasonable expectation of privacy or if you were in a public area such as a park but made attempts to limit your nudity to a secluded area. We can argue that your exposure did not take place in a “public area” or within the presence of another who would be offended by such conduct.

3. Lack of intent
If you had no knowledge or intent to draw the public’s attention to this area of your body, we can argue you lacked the requisite intent necessary to convict you of this crime.

The prosecution must also show that you exposed your genitals for the purpose of sexual arousal or to offend another person. If you did not intend to expose yourself for either of these purposes, we can argue that you lacked the requisite intent to be convicted of this crime.

4. Mistaken identity
Cases of indecent exposure often arise when the victim does not have a clear vantage point to correctly identify the person who exposed himself/herself. We can argue that the victim made a mistake in identifying you as the perpetrator and introduce factual evidence showing that the victim’s perception of what exactly occurred was not reliable under the circumstances.

Finding an Indecent Exposure Defense Attorney in Los Angeles

The first and most critical step you must take is to obtain a team of Los Angeles defense lawyers who have experience in indecent exposure cases. The Sex Crimes attorneys at Wallin & Klarich have over 30 years of experience in defending clients against indecent exposure charges. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura and Victorville. Call us today at (877) 466-5245. We will get through this together.

Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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