your private parts), or that the area which you exposed was your underwear or a body part which was above your waist Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. "text": "If you have been then you need to know that a conviction for this crime can result in serious long-term consequences" Judges, prosecutors, and/or jurors often make quick decisions and subjective decision-making in an indecent exposure case. Indecent exposure is against the law. The prosecution must also show that you exposed your genitals for the purpose of sexual arousal or to offend another person. The Law Office of Greg Tsioros, 2016 Main St. Ste 102, Houston, TX 77002, (832) 752-5972, Fill out the form to receive a free confidential consultation, on 5 Defenses for Fighting an Indecent Exposure Charge, Free Ebook – How an Attorney Can Help Your Case, Libertad Condicional y Libertad Condicional Violaciónes, Información Junta De Libertad Condicional, Terminación Anticipada de la Libertad Condicional, Fotografías o Grabación Visual Inapropiada. "acceptedAnswer": { It involves publicly displaying one's genitals, which causes alarm or offence to others. Trespass can also be a useful plea bargain from an indecent exposure charge. In an indecent exposure case, the prosecutor must show that the defendant intended to sexually gratify or stimulate sexual desire in another person. ATTENTION:Wallin & Klarich Offices Will Remain Open to Help Out Clients and Potential New Clients During the COVID-19 Coronavirus Pandemic, in Accordance with Mandated Safety Guidelines. If this is a first-time charge of indecent exposure, the court will usually be relatively lenient. This conviction will also likely appear on background checks when you seek employment. In most cases minors accused of committing a sex crime will not have to register as a sex offender. "@type": "Answer", The accused can also be convicted of a felony if he/she has a prior indecent exposure conviction or conviction for lewd acts with a child under 14 pursuant to Penal Code section 288. If you did not intend to expose yourself for either of these purposes, we can argue that you lacked the requisite intent to be convicted of this crime. without consent then the person could face up to a year in county jail. "@type": "FAQPage", However, a second indecent exposure offense can mean felony charges punishable by more time behind bars and significant fines. is unlawful for a person to commit any flagrantly lewd and offensive act that one knows or reasonably expects is likely to be observed by other non-consenting individuals who would be affronted and alarmed "@context": "https://schema.org", Although a person convicted of indecent exposure can pursue expungement relief pursuant to Penal Code section 1203.4, that will not relief the accused of their obligation to register as a sex offender. You have the legal right under the U.S. Constitution and the laws of Texas to due process. apartment, building, home, trailer, etc.) If you or a loved one have been accused of a crime, this is the time to contact us. ", Never enter a guilty plea because you believe it’s no big deal. The criminal defence lawyers at Bourdon Defence can review the circumstances of your arrest and start preparing a defence on your behalf. To schedule a free consultation and case evaluation with a Calgary indecent exposure defence lawyer, please call us today at (403) 474-4143, or contact us online. It may also result in a criminal record, making it harder to find employment or a place to live in the future. What you were doing at the moment of arrest might make a difference: In these types of scenarios, you weren’t attempting to exposure yourself to arouse or offend someone else. A person can be convicted of indecent exposure if the prosecution can prove all of the following: A misdemeanor indecent exposure conviction can result in a maximum sentence of 6 months in county jail. Specifically, you may be able to assert one or more of the following: That you did not expose your genitals (i.e. A felony indecent exposure conviction can result in a prison sentence of 16 months, 2 years, or 3 years. Regardless of whether you are convicted of , misdemeanor or felony indecent exposure , you will have to register as a sex offender pursuant to Penal Code section 290. Were you accidentally locked out of your home and trying to get back in? Although indecent exposure is typically charged as a misdemeanor in California, indecent exposure is considered a “wobbler” crime which means it can be charged as a felony depending on the facts and circumstances alleged. Indecent exposure literally means that bare genitals are exposed on purpose. ", It makes good sense to create a defense with an experienced criminal defense attorney now. Indecent exposure is known as a hybrid offence in Calgary. Were you naked, such as trying to go from your pool to the house? California Sex Crimes Lawyer Disclaimer: The legal information presented at this site is intended for informational purposes only. }. If the prosecutor agrees to dismiss the indecent exposure charge in exchange for a plea to trespassing, you will have a much less serious conviction on your record…and you won’t have to register as a sex offender. An indecent exposure charge is a legal emergency. For example, if convicted of indecent exposure, you will be required to register as a sex offender under Penal Code Section 290. "text": "A misdemeanor indecent exposure conviction can result in a maximum sentence of 6 months in county jail. By asserting a good legal defence to an indecent exposure charge, you may be able to obtain a dismissal of your criminal case. apartment, building, home, trailer, etc.) As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. This means you have to register with your local police agency that you have been convicted of a sex crime. The contents of this website may contain legal advertising. In any case, it is critical that a minor accused of committing a sex crime should retain a competent and experienced attorney. The first and most critical step you must take is to obtain a team of Los Angeles defense lawyers who have experience defending indecent exposure cases. If the accused exposed his or her genitals, for purposes of sexual gratification or arousal, to an individual under the age of 16, the accused can receive a required minimum of 30 days’ incarceration. You shouldn’t need to do jail time if you didn’t expose yourself. This means you have to register with your local police agency that you have been convicted of a sex crime. It probably doesn’t seem fair, especially if you didn’t intend to cause a problem in public or your actions weren’t sexual at all. Understand that a public lewdness or indecent exposure charge is taken seriously by prosecutorial agencies throughout Texas. Cases of indecent exposure often arise when the victim does not have a clear vantage point to correctly identify the person who exposed himself/herself. We will be there when you call We can argue that the victim made a mistake in identifying you as the perpetrator and introduce factual evidence showing that the victim’s perception of what exactly occurred was not reliable under the circumstances. With the support of a knowledgeable Houston defense attorney, you’ll better fight any allegations of indecent exposure or public lewdness in an efficient, professional manner. Without taking the necessary actions, a sex crime conviction can ruin your life. You must be provided with sufficient opportunity to argue the case and prove you’re not guilty. Indecent Exposure/Public Indecency in … In the most serious cases, the offender can spend a maximum of two years in jail. "name": "Have you been accused of exposing your genitals in public and are now facing a criminal charge for indecent exposure? Indecent exposure is a crime in all states. For example, indecent exposure can be charged as a felony if it can be proven that the accused exposed his genitals after entering a “dwelling” without the owner’s consent. The assistance of a skilled attorney will heighten the odds of a successful negotiation with opposing counsel that drops the felony indecent exposure charge to a less-serious misdemeanor charge. In any case, it is critical that a minor accused of committing a sex crime should retain a competent and experienced attorney." Call us today at (714) 386-7128. Because of this, the law lessens the mens rea from the defendant’s knowing to recklessness–he or she doesn’t know or care if another individual present might experience alarm or offense at the actions. Your actions might not be perceived as serious by the prosecutor in that case. It can also depend upon what the police say occurred. Mr. Klarich founded Wallin & Klarich in 1981. This means that the Crown prosecutor can choose to bring the charge as either a summary offence (less serious) or as an indictable offence (more serious).
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