Do you register as a sex offender for indecent exposure? If so, relief from lifetime registration may be available to you.
California Law requires anyone convicted of indecent exposure under Penal Code Section 314 to register as a sex offender as long as they live work, or attend school in this state. Indecent exposure is often charged along with or instead of a non-registerable offense known as lewd acts in public (Penal Code Section 647(a)).
What is Indecent Exposure?
Indecent exposure involves willfully exposing your private parts for sexual gratification in such a way that others would find offensive. For example:
- “Flashing” your genitals (or your breasts if you are a woman) to shock, annoy or arouse someone;
- Masturbating in public and someone see you;
However, a male who urinates in public exposes his penis, but not for sexual gratification, nor to annoy anyone. This would not be indecent exposure or lewd conduct, but it is still illegal. A woman who breastfeeds her baby in public exposes her breast(s), but not for sexual gratification nor with the intention of offending anyone.
What is Lewd Acts in Public?
Lewd acts in public under Penal Code Section 647(a) is a crime of disorderly conduct involving willfully touching your own or someone else’s genitals or buttocks, or a woman’s breast(s), for the purpose of:
- Sexual gratification; or
- Annoying or offending someone else.
Lewd conduct is not a mandatory registerable sex offense in California. However, prosecutors will often add a charge of indecent exposure as a bargaining chip to induce you to plead guilty to the lesser charge of lewd conduct, thus avoiding the mandatory sex offender registration requirement.
Unfortunately, the difference between the two crimes is vague and broadly open to subjective interpretation by law enforcement officers investigating a complaint. How you are charged will depend on the testimony of eyewitnesses as well as police officers.
Consequences of Indecent Exposure in Los Angeles
Indecent exposure is typically charged as a misdemeanor. You face up to six months in jail and/or a fine up to $1,000 if you are found or plead guilty to this misdemeanor charge. However, you commit aggravated indecent exposure if you expose yourself and you:
- Enter an inhabited home or dwelling; and
- Do so without permission.
Consequences of Aggravated Indecent Exposure in Los Angeles
Aggravated indecent exposure is a “wobbler” offense – meaning the prosecution has the option to charge you with a felony or a misdemeanor. Aggravated misdemeanor indecent exposure is punishable by up to one year in jail. A conviction for felony indecent exposure is punishable by up to three years in prison plus a fine of up to $10,000.
Additionally, if you have a prior conviction for indecent exposure, or have been previously convicted of child molestation under Penal Code Section 288, you will be charged with a felony.
If you are convicted of any indecent exposure expense, you will be required to register as a sex offender in California (PC 290).
Relief from Sex Offender Registration is Available
Fortunately, your requirement to register for indecent exposure doesn’t have to be a lifelong burden. Indecent exposure is one of a few crimes that qualify for relief from the duty to register as a sex offender upon obtaining a Certificate of Rehabilitation. If granted by a judge, the certificate automatically ends your duty to register as long as you don’t have to register for any other reason.
The process isn’t easy and requires you to demonstrate a satisfactory rehabilitation period. To apply for the certificate, you must meet the following conditions:
- Be a resident of California for a minimum of five years;
- Maintain an honest and moral lifestyle for at least 10 years upon your release to probation, parole or from custody;
- No longer be on probation or parole;
- Not have current criminal charges pending against you.
Our attorneys at Wallin & Klarich wish to share with you a recent success story where we were able to help a client convicted of indecent exposure to be relieved of his lifelong obligation to register as a sex offender: (insert link here)
Contact Wallin & Klarich to Be Relieved of Sex Offender Registration
If you or someone you care about registers as a sex offender in California for a violation of indecent exposure pursuant to Penal Code Section 314, you need to contact our criminal defense attorneys at Wallin & Klarich today. Our attorneys at Wallin & Klarich have over 30 years of experience successfully petitioning the courts on behalf of our clients desiring to be relieved of the life-altering consequences of sex offender registration.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the skilled and professional criminal defense attorneys at Wallin & Klarich may be able to help you get your sex offender registration requirement removed by petitioning for a Certificate of Rehabilitation. We can help you live a better life.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.