California Penal Code §314 — Indecent Exposure
PC §314 punishes willfully and lewdly exposing one's private parts in a public place or in any place where another person might be offended or annoyed. First-offense indecent exposure is a misdemeanor carrying up to 6 months in county jail, a $1,000 fine, AND mandatory PC §290 Tier 1 sex offender registration for 10 years. A second offense, or a first offense inside an inhabited dwelling (§314.1(b)), is a felony carrying 16 months, 2, or 3 years in county jail.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Indecent Exposure Cases in All LA County Courts
01 — Quick Facts
PC §314 — Indecent Exposure at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §314 — Indecent Exposure |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor (1st offense) / Felony (aggravated or repeat) |
| 1st Offense Penalty | Up to 6 months county jail + $1,000 fine |
| Aggravated Exposure (Inside Dwelling) | 16 months, 2, or 3 years county jail |
| Repeat Offense | Felony — 16 months, 2, or 3 years |
| Sex Offender Registration | PC §290 Tier 1 — 10 years (mandatory) |
| Strike | No |
| Moral Turpitude | Yes — CIMT for immigration |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §314?
What Is California Penal Code §314?
PC §314 Reads:
"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 ... is guilty of a misdemeanor."
— California Penal Code §314(1)
California indecent exposure law reaches willful and lewd exposure of the genitals to another person in a public place or in a place where the exposure could offend or annoy another. The two most-contested elements are (1) whether the exposure was 'willful and lewd' (rather than accidental or non-sexual) and (2) whether it occurred where another person could reasonably be offended.
Willful AND Lewd — Both Required
The People must prove BOTH that the defendant intentionally exposed genital parts AND that the exposure was for sexual gratification or to insult/offend another. Urinating in public, breastfeeding, and accidental exposure typically fail the 'lewd' element.
PC §314 — Indecent Exposure
Willful and lewd exposure of genitals. Misdemeanor first offense with mandatory 10-year §290 registration.
PC §647(a) — Lewd Conduct
Lewd conduct in a public place (touching for sexual gratification). Misdemeanor with NO mandatory §290 registration — a critical distinction.
Why §314 Matters More Than You Think
PC §314 is often characterized as 'just a misdemeanor,' but it carries mandatory 10-year sex offender registration under PC §290 — the same registration system that applies to felony sex offenses. Registration alone triggers Megan's Law website exposure, employment consequences, deportation exposure, and a firearm prohibition. Rubin Law, P.C. focuses on plea alternatives — PC §647(a), PC §415, or PC §647(f) — that avoid §290 registration entirely.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §314
To convict under PC §314, the prosecution must prove each of the following elements beyond a reasonable doubt.
You Willfully Exposed Your Genitals
The exposure must be willful and intentional. Accidental exposure (wardrobe malfunction, medical necessity, mistaken belief in privacy) is not §314 conduct.
The Exposure Was Lewd — With Sexual Intent
The People must prove specific intent to sexually gratify the defendant or offend/insult the observer. Under People v. Massicot (2002), urinating in public is NOT indecent exposure because it lacks the required lewd intent.
The Exposure Occurred in a Public Place or Where Others Could Be Offended
The place must be either public or one where another person might be offended or annoyed. Private homes are not typically 'public places' unless another person is present as an unwilling observer.
04 — Penalties
Penalties for PC §314 Indecent Exposure in California
PC §314 penalties escalate sharply with priors or aggravated circumstances. First-offense misdemeanor still carries mandatory §290 registration.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| 1st Offense Indecent Exposure | PC §314(1) | Up to 6 months county jail | Yes — up to 3 years | No |
| Aggravated Exposure (Inhabited Dwelling) | PC §314.1(b) | 16 months, 2, or 3 years county jail (felony) | Available | No |
| 2nd or Subsequent Offense | PC §314(1) | 16 months, 2, or 3 years county jail (felony) | Available | No |
| With Prior §288 or §288a | PC §314(2) | Felony — 16 months, 2, or 3 years | Limited | No |
Enhancements That Increase §314 Exposure
Prior §314 Conviction
PC §314
Any prior §314 makes the current filing a felony automatically.
Inhabited Dwelling
PC §314.1(b)
Exposure inside an inhabited dwelling after entering without consent is a felony.
Prior §288 or Similar Sex Offense
PC §314(2)
Prior lewd-act conviction elevates §314 to a felony automatically.
Mandatory §290 Registration
PC §290(c)
Every §314 conviction — even misdemeanor — triggers mandatory PC §290 Tier 1 registration for 10 years.
Aggravating Factors at Sentencing
CRC 4.421
Presence of a minor, use of vehicle, or repeated similar reports drive sentencing to the aggravated triad.
Beyond the Sentence
- PC §290 Tier 1 sex offender registration — 10 years
- Megan's Law website presence (subject to §290.46 analysis)
- Crime of moral turpitude — deportation exposure for non-citizens
- 10-year California firearm prohibition (PC §29805)
- Loss of professional licenses (teaching, healthcare, security)
- Employment background-check disqualification
- Housing consequences — many landlords reject registrants
- Termination available under PC §290.5 after 10 years
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §314 Indecent Exposure Charges
PC §314 requires BOTH willful exposure AND lewd intent. Rubin Law, P.C. attacks the lewd-intent element and drives plea alternatives to non-registerable offenses.
No Lewd Intent — Urination / Non-Sexual
People v. Massicot (2002) 97 Cal.App.4th 920 confirms urinating in public lacks §314's required lewd intent. The same reasoning defends breastfeeding, medical necessity, and clothing changes.
People v. Massicot
Accidental Exposure
Wardrobe malfunctions, malfunctioning zippers, medical episodes, and other unintentional exposures fail the willfulness element entirely.
CALCRIM 1160
Mistake of Fact — Privacy
Defendant reasonably believed he was in a private space (bathroom, dressing room, backyard behind fence). Reasonable belief in privacy negates the 'public place' element.
CALCRIM 3406
False Identification
'Flasher' cases frequently involve fleeting, obscured identifications. Photo-array suggestibility, cross-racial ID issues, and lighting/distance limitations are aggressively litigated.
Neil v. Biggers / CALCRIM 315
Plea to §647(a) or §415 — No §290 Registration
PC §647(a) (lewd conduct) and PC §415 (disturbing the peace) do not trigger §290 registration. Where a plea is inevitable, we push aggressively for one of these alternatives.
Diversion — PC §1001.95
First-offense misdemeanor §314 may qualify for PC §1001.95 judicial diversion, which — if granted — results in dismissal and NO §290 registration.
SB 384 Termination After 10 Years
Even with conviction, PC §314 is Tier 1 under SB 384. After 10 years registered, we petition under PC §290.5 to terminate registration entirely.
PC §290.5
Constitutional Sources
07 — Court Process
How PC §314 Indecent Exposure Cases Move Through Los Angeles Courts
PC §314 cases proceed through the misdemeanor or felony track based on priors and location.
- 1
Step 1 — Investigation / ID Procedure
Cases typically originate with a citizen call or campus report. Detectives frequently seek a voluntary interview — do not agree. Photo arrays and field showups are routine but suggestible.
- 2
Step 2 — Filing Decision
First offenses filed as misdemeanor; repeats and aggravated circumstances filed as felony. Pre-filing intervention often changes this decision.
- 3
Step 3 — Arraignment
Charges read and plea entered. §290 registration duty attaches on conviction — not filing. First appearance is critical.
- 4
Step 4 — Preliminary Hearing (Felony)
For felony filings, the People must show probable cause. We challenge ID, intent, and location elements.
- 5
Step 5 — Motion Practice / Plea Negotiation
We negotiate for plea alternatives that avoid §290 — PC §647(a), §415, or §647(f). Diversion under PC §1001.95 pursued for eligible first-offense clients.
- 6
Step 6 — Resolution
Outcomes: DA reject, factual innocence, diversion (dismissal), plea to non-registerable offense, or trial.
Los Angeles Courts That Handle PC §314 Indecent Exposure Cases
PC §314 cases are filed in the courthouse serving the location of the alleged offense.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Indecent Exposure Defense Attorney
Daniel S. Rubin has defended clients charged with indecent exposure and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §314 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Indecent Exposure Cases Throughout LA County
09 — FAQs
PC §314 Indecent Exposure Questions — Los Angeles
Is indecent exposure a felony?
First-offense §314 is a misdemeanor carrying up to 6 months county jail. A second offense, an offense inside an inhabited dwelling (§314.1(b)), or an offense committed by a person with a prior §288 or similar sex offense is a felony carrying 16 months, 2, or 3 years in county jail. Every §314 conviction — misdemeanor or felony — triggers mandatory §290 registration.
Does §314 require sex offender registration?
Yes. PC §290 automatically applies to every §314 conviction — even a first-offense misdemeanor. Registration under SB 384 is Tier 1 (10 years). After 10 years, the defendant may petition under PC §290.5 for termination.
Is urinating in public indecent exposure?
No. Under People v. Massicot (2002) 97 Cal.App.4th 920, urinating in public lacks the required lewd intent and cannot be prosecuted under §314. It may still be prosecuted as PC §647(d) (public urination local ordinance) or PC §415 (disturbing the peace), but these do NOT trigger §290 registration.
What does 'willful and lewd' mean?
The People must prove BOTH (1) willful, intentional exposure of the genitals AND (2) lewd intent — that is, intent to sexually gratify the defendant OR to insult, offend, or annoy the observer. Absence of either element defeats the charge. Accidental exposure, medical necessity, breastfeeding, and non-sexual urination all fail this test.
Can I get diversion for indecent exposure?
Possibly. First-offense misdemeanor §314 may qualify for judicial diversion under PC §1001.95 — case dismissed after program, NO §290 registration. Diversion is not automatic; the court considers rehabilitation, priors, and public safety. Rubin Law, P.C. pursues diversion aggressively when eligible.
Can I plead to a lesser offense to avoid registration?
Yes — this is often the most valuable outcome. PC §647(a) (lewd conduct), PC §415 (disturbing the peace), and PC §647(f) (public intoxication) do not trigger §290 registration. Aggressive negotiation and pre-plea presentation to the DA frequently secure one of these alternatives.
How do I end §290 registration under SB 384?
PC §314 is a Tier 1 offense — 10-year mandatory registration. After 10 years registered with no new registerable offenses, file a verified PC §290.5 termination petition in the county of conviction. The DA may object; the court weighs compliance, character, and public safety. A well-prepared petition with character letters, employment records, and treatment history is essential.
Is §314 a deportable offense?
Yes. Indecent exposure is a crime of moral turpitude — deportable and inadmissible for non-citizens. A conviction can trigger removal even before any prison time is served. Non-citizens must obtain a plea to a non-CIMT offense (§415 disturbing the peace, or diversion resulting in dismissal) to preserve immigration status.
Available 24/7 — Free Consultation
Charged With Indecent Exposure Under PC §314?
The most important outcome is avoiding §290 registration. Call Rubin Law, P.C. before your first appearance — plea alternatives and diversion often keep you off the registry entirely.