Indecent Exposure: What is it?

Although conviction for any crime leaves a stain on a person’s
record, the very nature of some crimes can be more damaging to your reputation
than others. Take a misdemeanor DUI
conviction for example. Any Orange
County criminal defense lawyer knows that while a DUI on your record can
keep you from getting certain jobs, such as police officer or driver, it is not
a crime that is viewed with particular enmity by society. In fact, DUI
convictions are so commonplace that they hardly raise any eyebrows. But a misdemeanor
conviction for Indecent Exposure can be a scarlet letter.

Misdemeanor indecent exposure is controlled by California
Penal Code Section 314. This section makes it a crime to:

1.     
Lewdly and willfully;

2.     
Expose their person or private parts thereof;

3.     
In any public place or in any place where people are
present who may be annoyed or offended.

This section also makes it a crime to counsel, procure or
assist a person to expose himself or herself.

So, for example, in one case, an extremely intoxicated criminal defense lawyer in Orange
County was at a bar in Laguna Beach. The defense lawyer, we’ll call him
Dan, had been drinking beer all night like it was going out of style. Near the
end of the night, the waitress saw him stagger to the restroom, stumbling into
a table and then a wall on the way. Another witness saw Dan enter the restroom
and relieve himself at the stall next to him. The witness said Dan had a hard
time keeping his balance and that his “aim” was horrible. Dan soon emerged from
the restroom with what several witnesses described as “his penis hanging out of
his pants.” The uproar from the crowd drew the attention of a police officer
standing near the entrance. The officer stepped in and saw Dan standing in the
barroom with his member exposed and arrested him for indecent exposure in
violation of Section 314 of the Penal Code.

Although the DA thought they had a pretty solid case against
Dan, Dan’s criminal defense lawyer pointed out that in order to convict them of
indecent exposure the DA must prove that, under element 3, that Dan WILLFULLY
exposed himself. The evidence of Dan’s intoxication however was evidence that
Dan did not intentionally (willfully) expose his penis but was rather the
result of his voluntary intoxication. Since voluntary intoxication is a defense
to show that there was no requisite intent, the DA dropped the charge of
indecent exposure against Dan. They did, however, amend the charge to Penal Code
Section 647(f)—Drunk in Public. Thanks to the help of his Orange County criminal
defense lawyer Dan avoided the stain of an indecent exposure conviction on his
record.

If you are charged with any crime in Orange County call The
Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation with an experienced criminal defense attorney. You can also visit
us on the web at www.ejesquire.com. Our
main office is at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675.