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  1. #1

    Exclamation Urinating in Public - Being Charged with Indecent Exposure

    Ok, I live in Sacramento, Ca. I go jogging almost daily. Some of the places I jog don't have bathrooms for miles. I jog about 5 miles a day. I am being charged with indecent exposure because aparently someone saw me peeing in a bush just off the jogging trail. They saw me a couple days later driving in my car and wrote down my license plate number and called the police. I was contacted by a Sacramento county sheriff investigator and we talked for about an hour. He set up a photo lineup with the info from my vehicle and found other people who looked like me to put in the lineup. The person picked me out of the lineup and the detective told me that after he completes his investigation he will submit his case to the DA's office for prosecution. What should I do in this matter. I wasn't trying to offend anyone. I was just trying to take a piss and I thought I was well hidden behind some bushes. I don't want this to follow me my whole life. Someone please help. Thank you.

  2. #2
    Join Date
    Mar 2009
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    Michigan
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    Default Re: Urinating in Public - Being Charged with Indecent Exposure

    Criminal Defense Lawyer.

    Thing is with peeing in public....is you are exposing a private area.....

    I understand you need to drink water on the run....so you have my sympathies, but gotta learn to hold it or jog someplace with toilets or porta-privies.

  3. #3

    Default Re: Urinating in Public - Being Charged with Indecent Exposure

    If I read the California indecent exposure law correctly in the penal code it states that I must be doing so in a manner that would intentionally provoke a reaction out of someone or to do it to attempt to annoy or harass someone. I did neither! All I did was walk off the trail into some heavy bushes and with my back to the trail, I took a piss. That is all. The detective was very vague as to the plaintiff's exact words, but I think he said that she said I was showing it to her which I was not. Depending on the direction she was traveling on the trail it might have been possible for her to see me from the side or depending on how good her vision was from a distance maybe she saw the front of me giving that the trail does wrap around a lot in that area. At no time was it my intention to show myself to anyone for any purpose at all. This is also a possible case of mistaken identity as she did not ID me to police until several days later when she saw me driving in my car and followed me to get my license plate number. Then she waited another few days to report it to the police who then took about 2 weeks to contact me about it. I hope to have enough evidence to prove my case in court. I just hope I don't get thrown in jail as I am the sole income of my household and my fiance and my 2 year old son rely on my income to survive. Any more help would be appreciated.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Urinating in Public - Being Charged with Indecent Exposure

    Are you charged with a violation of PC 314, Sacramento City Code Sec 9.04.060, or something else?

  5. #5

    Default Re: Urinating in Public - Being Charged with Indecent Exposure

    I have not been charged with anything yet. I was told by the detective that when he finishes his report he is going to submit it to the DA's office for prosecution. But it is being filed as a 314 PC.

  6. #6
    Join Date
    Jun 2012
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    5

    Default Re: Urinating in Public - Being Charged with Indecent Exposure

    do you know that you could be convicted of a sex crime,and you could have to register as a sex offender,and if you happen to go to jail or prison now or any time in the future with that on your jacket you will be a target,you will have to be housed in protective custody.

    i think its bullshit,but people get killed for having a charge like that on their jacket

    There's a California Supreme Court case where a guy was charged indecent exosure after officers witnessed him urinating on a retaining wall outside a Taco Bell (the bathroom was unavailable). He pled guilty, and then found out he'd have to register as a sex offender. The court let him withdraw his plea. See In re Birch, 515 P.2d 12 (Cal. 1973).

  7. #7
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    Sep 2005
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    Default Re: Urinating in Public - Being Charged with Indecent Exposure

    Quote Quoting gardnerjason1984
    View Post
    I was contacted by a Sacramento county sheriff investigator and we talked for about an hour. He set up a photo lineup with the info from my vehicle and found other people who looked like me to put in the lineup. The person picked me out of the lineup and the detective told me that after he completes his investigation he will submit his case to the DA's office for prosecution.
    During the hour-long conversation did you tell the officer what you told us here?
    Quote Quoting gardnerjason1984
    View Post
    Depending on the direction she was traveling on the trail it might have been possible for her to see me from the side or depending on how good her vision was from a distance maybe she saw the front of me giving that the trail does wrap around a lot in that area.
    Quote Quoting gardnerjason1984
    This is also a possible case of mistaken identity as she did not ID me to police until several days later when she saw me driving in my car and followed me to get my license plate number.
    If you've admitted to peeing in the bushes at the time and place this person reported the alleged act of indecent exposure, and she identified you both in your car (when she got your plate) and in a line-up, that's ample corroboration of her account that you (inadvertently) exposed yourself to her.
    Quote Quoting gardnerjason1984
    View Post
    If I read the California indecent exposure law correctly in the penal code it states that I must be doing so in a manner that would intentionally provoke a reaction out of someone or to do it to attempt to annoy or harass someone. I did neither!
    Intent can be inferred from the circumstances. I expect that her story is not quite the same as yours. Also, your intention is not necessarily as important as you believe.
    Quote Quoting California P.C. Sec. 314
    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, 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 a misdemeanor.

    Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year.

    Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.
    Quote Quoting gardnerjason1984
    View Post
    I have not been charged with anything yet. I was told by the detective that when he finishes his report he is going to submit it to the DA's office for prosecution. But it is being filed as a 314 PC.
    If you're lucky, you won't be charged with anything. If you are, or if the police try to talk to you again, I agree with the prior suggestion - lawyer up. Had you lawyered up in the first place, given the delay in the report of the incident and lack of corroboration (prior to your "I was there and peeing" statement made to the officer) there might not even be any talk of criminal charges.

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