Is Indecent Exposure a Felony? In 2022

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Conviction of an indecent exposure crime on a first offense is often a misdemeanor. On the other hand, repeated misdemeanor violations can result in a felony conviction. The number of prior convictions must be satisfied before a felony charge can be filed for a subsequent offense varies from state to state.

Alabama Criminal Code 13A-6-68 outlines the elements that constitute indecent exposure and the circumstances under which it might escalate from one degree of violation to another.

According to this statute, a person commits the offense if they do any of the following to pleasure oneself or another person sexually:

Make their genitals visible to the public.

You’re breaking the law if you’re doing it in public or on someone else’s private property.

Knowing that their actions may provoke offense or concern, they engage in such behavior.

Under this statute, a person who exposes oneself for sexual enjoyment is not guilty of a crime if the person to whom they are exhibiting their genitals is their spouse.

In California, a first-time offense of indecent exposure (“IE”) is punished as a misdemeanor under Penal Code 314. Still, a second offense will result in a felony charge under the state’s criminal code.

A felony charge for indecent exposure can be filed if it involves an “aggravated” variant of the crime.

Indecent exposure, in and of itself, denotes a male or a female:

a person who voluntarily exposes their genitals to another person

When driven by a desire to pleasure themself or offend the other person sexually, a person will engage in such behavior.

When a person engages in aggravating IE, they expose themself to:

while living in an “inhabited” (lived-in) home or trailer or other structure, and

does this act after unlawfully entering a residence, trailer, or building

A simple misdemeanor IE accusation is punishable by the following penalties:

and incarceration in the county jail for a period of up to six months

A maximum fine of $1,000 can be imposed.

A felony indecent exposure charge carries the following penalties:

Incarceration in a California state prison for three years, or both.

a fine of up to $10,000 in total

Is Indecent Exposure a Felony?

Charges for the Offense at Various Levels

Typically, a Class A misdemeanor charge is filed against the defendant for this violation. It is the most severe misdemeanor classification, and it carries a punishment of up to one year in prison and a fine of up to $6,000. It is punishable by up to one year in prison and a fine of $6,000.

When the alleged perpetrator is on their third or subsequent conviction for the same act, indecent exposure is elevated to the level of a felony. It is a felony of the third degree in such circumstances. The punishment for a conviction may include up to two years in prison and a fine of up to $15,000 if the person is proven guilty.

A conviction for indecent exposure may require the individual to submit their details to the national sex offender registry, depending on the exact circumstances.

In the instance of the Wilsonville guy, it was stated that he had exposed his genitals to a female customer while she was out shopping. On the same day, September 23, 2019, he was taken into custody, booked, and released on a $1,000 bail bond. Later, he was detained and taken into custody without posting a bond.

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The man had previously been convicted of indecent exposure in 2008 and 2013, respectively. He was again arrested for the same conduct in March of 2017 after two other ladies alleged he exposed himself to them while in two different establishments in the same neighborhood. He is still awaiting trial for the alleged 2017 incidents, which are still ongoing.

Because he had two past convictions for indecent exposure, any subsequent offenses will be classed as Class C felonies.

Tidwell Law Group, LLC can provide you with skilled defense.

If you have been charged with a sex crime in Birmingham, contact our attorneys immediately to discuss your case. We have 17 years of expertise in practicing law. Therefore we know how to construct strong defenses in the face of claims.

What is the definition of aggravated indecent exposure?

When a person engages in aggravating IE, they expose themself to:

while living in an “inhabited” (lived-in) home or trailer or other structure, and

Performs this act after unlawfully entering a residence, trailer, or building.2

In California, aggravated indecent exposure is considered a wobbler crime. It means that it can be charged as a misdemeanor or a felony based on the following factors:

the specifics of the case, as well as

the defendant’s prior criminal history

What are the repercussions of being charged with felony indecent exposure?

A felony indecent exposure charge carries the following penalties:

Sentenced to 16 months, two years, or three years in the California state prison system; or sentenced to probation.

a fine of up to $10,000, as well as

a ten-year (at the very least) obligation to register as a sex offender

Is there a legal defense against indecent exposure in the workplace?

Yes. Defendants who have been charged with indecent exposure may raise a legal defense to counter the allegations. The following are some common defenses to IE charges:

False accusations were brought against the defendant.

The defendant was the victim of mistaken identity and was framed.

According to the prosecution, the police infringed on one of the accused’s constitutional rights.

Police officers can violate a person’s constitutional rights by conducting an illegal search and seizure, coercing them into a confession, or failing to read their Miranda rights.

Is there any consequence if someone does not register as a sex offender?

Suppose a person is ordered to register as a sex offender and fails to do so. In that case, the party may be guilty of the California crime of “failure to register as a sex offender,” which is defined as “failure to register as a sexual offender.”

According to California’s Sex Offender Registration Act (commonly known as “Megan’s Law”), anyone who lives in California after being found guilty of a California sex offense must register with the police department in the city or county.

The registration must be renewed every year and at least once a year, within five working days of the individual’s birthday, and,

Every time that individual changes their residence.

When this condition is not met on more than one occasion, the violator will be prosecuted under Section 290b of the California Penal Code for knowing and intentional failure.

These charges might be classified as either misdemeanors or felonies (depending on the facts of the case). Additionally, the following fines may be imposed:

Imprisonment for up to three years is possible, as are significant penalties.

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