How to Defend an Indecent Exposure Charge in California
Indecent exposure, also known as public nudity, is illegal in the state of California. Defendants of this crime may face serious penalties if convicted, including mandatory registration as a sex offender.
Although the crime is as serious as the charges, if you’re being accused of engaging in indecent exposure, there are some legal ways you can defend yourself in the courtroom. By hiring a defense attorney, such as Lisa Mattern at the Mattern Law Firm in Los Angeles, CA, you can increase your chances of having your charges reduced or fully expunged.
Here are some of many ways an indecent exposure charge can be defended against:
The defendant never exposed his or her genitals.
Indecent exposure is no laughing matter. However, it doesn’t mean one can’t falsely accuse another of the crime. In addition, there are rare cases where one may believe someone committed public nudity when they in fact didn’t. Eyes don’t lie, but perceptions can deceive.
Indecent exposure occurred but not in the presence of another person.
In order for an exposure to be charged in the state of California, it must have happened where at least one other person could have witnessed it. A woman walking naked in public in desolation or a man pulling down another man’s pants in public to embarrass him even though nobody else is around would not be considered indecent exposure by California law.
The exposure wasn’t intentional.
Indecent exposure in California is deliberate; it’s not an accident. However, there may be cases where the exposure wasn’t intentional. For instance, if a man is slipping to the ground and grab’s onto a woman, accidentally pulling down her shirt and exposing her breast or if a woman’s skirt lifts up during a wind storm while she isn’t wearing underwear, these would be considered unintentional incidences that could not be charged as a crime.
There is insufficient evidence that the exposure occurred.
Without adequate proof, there’s really no legal way to convict someone of public nudity. Lack of surveillance footage, other eyewitnesses, and the like make it difficult to authenticate that the crime actually took place. Therefore, charges of the crime may be able to be completely dropped.
Apart from the latter defenses, the Mattern Law Firm can make other relevant, legal arguments to protect you from serious charges you don’t deserve. If you live in California, Lisa Mattern would be happy to act as your defender. Call her today at 310-342-8254.