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Indecent Exposure

08th June 2006
By Darren Kavinoky in Legal
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Indecent Exposure

California Penal Code Section 314 defines indecent exposure and the punishment. Section 314 reads in part:

"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 model artist exhibition, or to make 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."

The crime of indecent exposure is a misdemeanor the first time a person is convicted, with a maximum period of incarceration in the county jail for up to one year. The second or subsequent offense of indecent exposure is charged as a felony, punishable by imprisonment in the state prison. However, if a person has first been convicted of a violation of 288 (lewd and lascivious acts with a minor under the age of 14), then a first-time conviction for indecent exposure is punishable as a felony.

Conviction of indecent exposure results in a mandatory lifetime registration requirement as a sex offender, pursuant to Penal Code Section 290. Section 290 of the California Penal Code requires people convicted of certain sexual offenses to register with the local law enforcement agency responsible for the jurisdiction in which they reside within five working days of their birthday and within five working days of changing their address. This is a requirement for the rest of their lives. Failing to register may be punishable as a felony.

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About the Author
Occupation: Lawyer
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at or and
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