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. An indecent exposure conviction can completely change your life. For example, under Penal Code Section 290, if you are convicted of indecent exposure, you will be required to register as a sex offender.
Wallin & Klarich’s team of sex crimes defense attorneys in Ventura 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 Ventura
In cases of indecent exposure, there are a number of defenses to indecent exposure charges that a Ventura indecent exposure defense attorney can raise on your behalf. Your attorney can argue:
1. Lack of intent to expose or offend
Lack of Intent to Expose
A lack of intent is one of the strongest defenses to an indecent exposure charge. 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 required intent necessary to convict you of this crime.
Lack of Intent to Offend or Sexually Arouse Another
The prosecution must 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 required intent to be convicted of this crime.
2. The unintentional exposure did not occur in the presence of another
This defense could apply to your case if you were in your own home with a reasonable expectation of privacy or if you were in a public area but made attempts to limit your nudity to a secluded area (e.g. behind a bush or within a heavily wooded area). We can argue that your exposure did not take place within the presence of another who would be offended by such conduct.
This defense arises when the victim does not have a clear vantage point due to dimness or distance. We can argue that the victim made a mistake and introduce factual evidence showing that the victim’s perception of what exactly occurred was not reliable under the circumstances.
4. You did not expose your genitals
In order to be convicted of indecent exposure in Ventura, you must have exposed your genitals i.e. “private parts.” If your unintentionally 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.
Finding a Ventura Indecent Exposure Defense Attorney
The first and most critical step you must take is to obtain a team of Ventura defense lawyers who have experience in indecent exposure cases. The indecent exposure defense attorneys at Wallin & Klarich have over 30 years of experience in successfully defending clients accused of indecent exposure in Ventura. We have offices in Orange County, San Bernardino, San Diego, Riverside, San Bernardino and Ventura. Call us today at (877) 466-5245. We will get through this together.