California Penal Code (CPC) § 314(1) – Indecent Exposure – In California, the crime of indecent exposure occurs when a person exposes their naked body or genitals to someone who might be upset or offended by them. While most people think this only happens in public, indecent exposure can happen in almost any environment. However, the exposure must be deliberate and obscene. If you are convicted of “indecent exposure” under Section 314 of the California Penal Code, you may face the following penalties: The most common defences used to defend against “indecent exposure” are: Usually, a prosecutor will try to prove this with circumstantial evidence that most genital exposures in a public place are related to sexual desires. To prove that you are guilty of “indecent exposure”, the prosecutor must prove the following facts or elements:1 The laws of New South Wales, the Australian Capital Territory and the Northern Territory use the term “person”, while in the other states, exposure refers to the genital area. It has been established that a term such as “exposing oneself” dates back to the British Vagrancy Act of 1824 and Evans v Ewels (1972),[48] where the word “person” was said to be a noble synonym for “penis” or “vulva”. However, it has been suggested that the word “person” in section 5 of the Summary Offences Act (New South Wales) should not be limited to the “penis” or “vulva”. For example, in R. v.
Eyles (1997), the perpetrator was seen masturbating in his front yard and charged with obscene exposure under the New South Wales Act. [36] [39] The judge noted, obiter dicta, that it should be noted that even in a situation where you have exposed yourself to an undercover officer, you can still be convicted of indecent assault at CP 314. In U.S. v. Ferguson, the United States Court of Appeals for the United States Armed Forces established the elements of indecent disclosure as follows: It is important to note that a violation of Criminal Code 314 CP must be intentional. This means that any unintentional exposure of a person`s genitals in public is exempt by law. A woman was walking down a Halloween parade when her costume fell, exposing it to parade visitors. The woman immediately fixed her suit. Since the exposure was only accidental and unintentional or intentional, it is not an indecent exposure.
There are several legal defenses available to our Los Angeles defense attorneys if you have been charged with indecent exposure to California Penal Code 314 PC, including: In New Zealand, indecent exposure is considered when a person “intentionally and obscenely exposes part of their genitals.” [49] Otherwise, there is no specific law prohibiting nudity in public places, although a lower fee may be charged depending on the person`s behavior. This provision was repealed by section 66 of the Sexual Offences Act 2003, which replaced the offence of “indecent exposure” and other sexual offences with a more specific and explicit offence, namely exposure. [16] It is defined as here was in the 19th and 20th centuries. 28 of the Municipal Police Clauses Act, 1847[15] or section 4 of the Vagrancy Act, 1824. The latter contained a provision for the prosecution of: Indecent exposure is the act of revealing one`s genitals in public in a manner that could offend others. Exposure is indecent under the law if a reasonable person knows or ought to know that their action can be seen by others – for example, in a public place or through an open window – and is likely to cause an affront or alarm. Indecent exposure is considered a crime in most states. Legal and community standards according to which undressing conditions constitute indecent exposure vary considerably and depend on the context in which the exposure occurs. These standards have also changed over time, making the definition of indecent exposure a complex issue. Depending on the circumstances and your criminal record, indecent exposure may be charged with a misdemeanor or felony.
In most cases, the first conviction exposes a person to penalties for an administrative offense, i.e. a few months in the county jail and/or a fine. A second offence would likely result in a crime that would normally carry a state prison sentence. But perhaps worst of all, in some states, any type of conviction that involves exposing oneself can result in a lifetime obligation to register as a sex offender. This penalty often makes haggling essential for an alternative rate. It is important to remember that indecent exposure costs reach sexual assault level when physical contact is made. Most state laws state that you commit the crime of indecent exposure if you: “(1) the defendant exposed a certain part of the defendant`s body to the public in an indecent manner; Breastfeeding in public does not constitute indecent exposure under the laws of the United States, Canada, Australia or the United Kingdom. [4] [5] In the United States, the federal government and all 50 states[6] have passed laws that explicitly protect breastfeeding mothers from harassment by others.
Legislation ranges from simple exemption from breastfeeding to indecent exposure to full protection of the right to breastfeeding. [7] Indecent exposure occurs when a person exposes himself or her person or his private parts in a public place where others are present and could be offended. Exposing oneself in a public place when there is no one is not an indecent exhibition5. In light of the above, you are generally not guilty of indecent exposure if you: (2) the exposure was intentional and illegal; and The difference between “indecent exposure” and “obscene behavior in public” is that the abuser touches himself or another person in public with sexual intent. Let`s take a closer look at the elements of crime for indecent exposure to Criminal Code 314 CP below. You can only face indecent exhibition costs if you expose your private parts obscenely. Silent behavior essentially means that your exposure has upset or disturbed someone.6 Note, however, that you will face an increase in modesty exposure fees if you: The laws governing indecent exposure in the United States vary by location. In most states, public nudity is illegal. However, in some states, it is only illegal if it is accompanied by the intent to shock, excite or offend others. Some states allow local governments to set local standards. Most states exempt breastfeeding mothers from prosecution. California Penal Code Section 314 – California`s indecent exposure law defines a crime as intentionally exposing one`s genitals to another person in order to satisfy or insult the other person.
Standards of decency have changed over time. In Victorian times, for example, exposing the legs of a woman and, to some extent, the poor was considered indecent in much of the Western world. Hair sometimes had to be covered on formal occasions such as in the form of a hat or hood. Until the 1930s – and to some extent in the 1950s – women and men had to bathe or swim in public places in covered swimsuits above the waist. An adult woman stripping her navel was considered indecent in parts of the West until the 1960s and 1970s, and even the 1980s. Moral values changed dramatically in the 1990s and 2000s, which changed the criteria for indecent exposure. Public display of the navel was accepted in the 1990s, for example: On beaches, while in the 2000s, the buttocks can be exposed when wearing a thong. For many years, however, it was quite common for women to go topless on public beaches across Europe and South America, and even in parts of the United States. [3] Most state indecent disclosure laws define crime in the same way. For example, under California law, the elements of indecent exposure are: As mentioned earlier, if the exposure was not intentional or intentional, it does not constitute indecent exposure.
Indecent exposure is usually calculated as a misdemeanor (as opposed to a felony or violation). [37] “A house, part of a building, [or] a caravan is inhabited when someone uses it as a dwelling, whether or not someone is in it at the time of the alleged indecent exposure.
