PC 314.2
Aiding indecent exposure defense
Information on the crime of aiding indecent exposure is found at California penal code section 314.2.
PC 314.2 Law (Abbr.)
Every person who willfully and lewdly, either:
PC 314.1. 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,
PC 314.2. Every person who willfully 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, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of PC 314.2.
Offensive to deceny means that the exposure that is assisted by the defendant is intended to sexually arouse the person aided or a thid person, or to sexually annoy a third person.
Counseling someone, or assisting someone, to expose the male or female genitalia or the female breasts in public can lead to charges of aiding indecent exposure.
PC 314.2 Sentence & Punishment
Probation Sentence: A probation sentence is a period of supervision as opposed to an actual jail sentence. A probation sentence carries conditions of probation, or terms of probation, that must be followed by the probationer in order to avoid further punishment, including and actual jail sentence. A probation sentence for a PC 314 crime is called informal probation, which means that the defendant is not monitored or supervised by a probation officer during the probationary period. Probation setences are available in indecent exposure cases but they are not guaranteed. Whether or not a defendant receives a probation sentence after a PC 314 conviction depends largely on the facts of the case and the defendant's criminal history.
Note: It is possible to be ordered to serve a jail sentence as a term of probation, as opposed to being ordered to a jail sentence without a grant of probation; however, when a jail sentence is ordered as a term of probation the jail term is usually much shorter than the maximum jail sentence and the defendant may usually serve his or her jail sentence on work release or house arrest.
Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.
First Amendment is not a defense
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