25 Feb What Counts as Indecent Exposure?
There are a lot of things out there that a majority of the population just don’t want to see. For most people, this list includes other people’s genitals. This is why most states, including California, have laws against a person exposing their private parts to others. This law is often referred to as indecent exposure.
If a person thinks it is a good idea to reveal their private parts to another individual, without that person’s consent, then they might want to think again. They can get into serious trouble for breaking this law. However, this law can cause some concerns for new mothers who are still breastfeeding their child.
What Is Indecent Exposure?
Here in the state of California, indecent exposure is made classified and made illegal under California Penal Code (PC) 314. Indecent exposure is a sex crime and is defined as the willful exposing of a person’s genitals to someone else while the offender is motivated by the desire to sexually gratify themselves or offend the other person.
The law itself is vaguely worded and has remained pretty much unchanged since it was first enacted back in 1872. This is interesting considering how society’s perception of indecent has changed drastically over the last 100+ years.
What Counts as Indecent Exposure?
If a person purposefully exposes their private parts to another individual with the intent of gaining sexual gratification or annoying the other individual, than they are guilty of indecent exposure. Since this definition can be a bit vague, here are a few examples of acts of indecent exposure here in California.
There are several different ways that a person can commit indecent exposure. One of the obvious ones being a man wearing nothing but a trench coat and opening it up to reveal his genitals to passing women.
Other examples of indecent exposure include:
- A teen boy exposing his genitals to people to offend them.
- A woman exposing her breast in public to sexually gratify herself or her significant other.
Some examples of incidents that don’t count as indecent exposure include:
- A woman breastfeeding in public.
- A man losing his swim trunks while swimming.
- Exposing underwear, no matter how revealing.
These examples do not count because they either are not done with the intent of receiving sexual gratification, they were not done on purpose, or they did not actually expose themselves.
What Are the Penalties of Indecent Exposure?
The consequences of indecent exposure are dependent on whether or not the person has committed the crime before. A first time offense is typically a misdemeanor offense. This comes with the penalties of:
- Up to 6 months in jail.
- A max fine of $1,000.
- A minimum of 10 years as a registered sex offender.
If a person is a repeat offender, then they will face harsher, felony consequences:
- 16 months, 2 years, or 3 years in a state prison.
- A max fine of $10,000.
- A minimum of 10 years as a registered sex offender.
People Don’t Want to See It
Most people could very easily go without seeing some random person’s genitals. That is why California Penal Code 314 exists. People don’t want to be exposed to that kind of stuff. The law provides steep penalties to try to prevent people from committing the crime in the firsts place. Unfortunately, not every heeds the warning.
Luckily for some, not every case is considered indecent exposure. Mothers of newborns can rest easy knowing that they are not breaking any laws when they are breastfeeding their baby.