California Penal Code §314
"Every person who willfully and lewdly, either:
1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or
2. Procures, counsels, or assists any person so to expose himself or take part in any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer couch as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year. Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison."
While this crime is usually a misdemeanor and a comparatively minor charge, a conviction still results in a criminal record and the possibility of lifelong registration as a sex offender so like all sex crime charges must be taken extremely seriously.
Prosecutors will typically argue that the accused person offender committed certain acts for his or her sexual gratification with the knowledge that they would offend others. The circumstances of the offense, as well as the actual acts and witness testimony can form an important component of the defense. You must be aware that conviction on this relatively minor charge may still result in a criminal record as well as potential to be a lifelong registered sex offender.
Defense against this charge should be handled by legal counsel with experience with sex crimes defense. Contact the law offices of Rizio & Nelson and we will work with you to challenge these charges We thank you for visiting the website
of California Lewd and Lascivious Conduct Attorneys/Lawyers. |
