March 5, 2013 By Stephen Klarich

Indecent Exposure Charges in San Bernardino

Under California Penal Code 314, it is illegal to willfully and lewdly expose your private parts in a public 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.

Indecent Exposure in San BernardinoThe first thing you should do is to find an experienced Wallin & Klarich criminal defense attorney in San Bernardino who is familiar with your type of indecent exposure case. We can provide you with an overview of the elements that the prosecution needs to prove in order to convict you of indecent exposure. The San Bernardino Indecent Exposure Defense Attorneys at Wallin & Klarich have over 30 years of experience in this field. We are ready to help you now.

Defenses to Indecent Exposure in San Bernardino

Fortunately, in cases of indecent exposure, there are a number of defenses to indecent exposure charges that a San Bernardino criminal lawyer at Wallin & Klarich can raise on your behalf. Common defenses include:

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.”

•    Example: The area exposed in the park was your underwear, revealing clothing, or a body part above the waist

This defense applies to the above example because your genitals were not exposed to public view.

2. The exposure did not occur in the presence of another

If you were in a public area such as a park but made attempts to limit your nudity to a secluded area, this defense can be successful.

•    Example: You were limiting your nudity to behind a bush or within a heavily wooded area.

In such a case, we can argue that your exposure did not take place within the presence of another who would be offended by such conduct.

3. Lack of intent

If you were in the park and 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.

•    Example: You walk into the park in order to “relieve” yourself. While you are urinating, a police officer sees you and your exposed genitals in a public place.

Although you have exposed your genitals to the public, you did not have the intent to draw attention to this area of your body and should not be convicted of indecent exposure.

4. Mistaken identity

In cases of dimness or distance in the park, 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 San Bernardino

The first and most critical step you must take is to obtain a team of San Bernardino 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, San Bernardino, San Diego, Riverside, San Bernardino, Ventura and Victorville. Call us today at (877) 466-5245. We will get through this together.

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