Indecent Exposure Exposed

In this blog post I’m going to expose the myth we’ve all heard of some poor fellow who relieved himself behind the bushes while at the river or lake, was convicted of indecent exposure, and had to register for life as a sex offender. Mostly fiction and here’s why:

The crime of indecent exposure is contained in Penal Code section 314. Generally, a conviction for indecent exposure requires proof of two elements: (1) the defendant must willfully and lewdly expose the private parts of his or her person; and (2) such exposure must be committed in a public place or in a place where there are present other persons to be offended or annoyed thereby.

The California Supreme Court has construed willful and lewd exposure of private parts to mean that the actor not only meant to expose himself or herself, but intended by his or her conduct to direct public attention to the actor's genitals for purposes of sexual arousal, gratification, or affront.

The nature of the specific intent required for indecent exposure is distinct from that involved in lewd conduct. A person who exposes his or her private parts with the intent to direct public attention to his or her genitals is necessarily engaged in a purposeful and aggressive sexual display designed to provoke others. In contrast, lewd conduct can be committed by one who blithely ignores the risk of being seen and acts despite the presence of others, rather than because of it. Thus, while brazen conduct like public masturbation can constitute lewd conduct, so too can sexual touching between consenting persons done without the intent to be seen by anyone.

There you have it. A myth since most people urinating behind some bushes at the lake or river aren’t doing it for purposes of sexual arousal, gratification, or affront. Most people.