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  1. #1
    Join Date
    Oct 2005
    Location
    CA
    Posts
    1

    Default California 314 PC - Indecent Exposure

    Hi, thanks for taking the time to read this.

    The other night some friends were making a trip to the grocery store to get cigerettes and I decided to tag along. I should probably note that I was *slightly* intoxicated.

    Now, I get up for work in the morning every day at 3:45am so while they went in, I decided to sleep in the back of the car, when suddenly, nature called. Due to my urgent need to pee as well as how tired I was, I decided that, since we were in a virtually empty parking lot at quarter till midnight, I would just go behind the car. Like I said, it was the middle of the night and I made sure no one was around.

    After I finished up and started to get back in the car, a light shone on me and police officer drives up and tells me to come over. He says, "If there is a puddle of piss behind that car, I am taking you to ****ing jail for peeing in public". I told him there was no need to go look, that I had urinated.

    At this point he asked me how much I had to drink, and I told him one or two beers, which was true. This made me nervous as I am only 18, but he made no other comment as to my underage drinking, nor did he make me take a breathalizer or administer a field sobriety test.

    So the police officer writes me up a ticket, but instead of public urination, or something of the like, he gives me a code 315 PC - Indecent Exposure, which was somewhat shocking to me. I had "exposed" myself to no one. There wasn't even anyone around (except the police officer who must have been lurking around somewhere). I was under the impression that indecent exposure is done with the intent to annoy or shock, and entails to exposing one's person TO someone, or in an openly public place. I of course did not intend to annoy or shock anyone, and had anyone been around, they would have only seen my hands.

    This is my first offense and I am bewildered as to what to do. I have a preliminary court date in about a month. It seems to me like indecent exposure is too harsh a violation, also I really don't want an indecent exposure on my record, so what would you recommend I do? Is there something less serious like public urination I could fight for? What are the odds that it gets dropped completely? And what do I at the preliminary court date?

    Also, I am working on EXTREMELY limited funds, and IF I did get a fine, that would probably be all of the money I have. Are public defenders available in a trial this minor?

    One last question. If I DO choose to contest, is there any possibility that I might get in trouble for being drunk as well, even though I didn't get cited for that, and there was no testing done?

    Well, thanks for you help, I appreciate it.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California 314 PC - Indecent Exposure

    Quote Quoting ariesoffate
    So the police officer writes me up a ticket, but instead of public urination, or something of the like, he gives me a code 315 PC - Indecent Exposure,
    I hope he wrote you for something else, because 315 is for keeping a ... er ... well ... a 'house of ill repute'.

    I presume you meant for PC 314.


    I had "exposed" myself to no one. There wasn't even anyone around (except the police officer who must have been lurking around somewhere). I was under the impression that indecent exposure is done with the intent to annoy or shock, and entails to exposing one's person TO someone, or in an openly public place.
    No ... it only requires a person to "willfully and lewdly" expose
    his person or private parts in any public place, or in any place where there are present other persons to be offended or annoyed.

    It is certainly arguable whether you exposed yourself "lewdly".

    There are more appropriate sections for urinating in public then PC 314 ... chances are the officer was relatively "green" or just not familiar with this type of violation.


    I really don't want an indecent exposure on my record, so what would you recommend I do?
    Hire an attorney. If convicted, PC 314 could result in registration as a sex offender per PC 290.


    Is there something less serious like public urination I could fight for? What are the odds that it gets dropped completely? And what do I at the preliminary court date?
    PC 374 (et seq.) would have probably been more appropriate (depositing waste matter). And it's likely the city or county has a municipal or county code about urination in public as well.

    Chances are it won't get dropped unless the DA actually files it as a PC 314, in which case I suspect that the elements won't support the charge. But getting it dropped will likely depend on if you have an attorney or not.

    The first court hearing is the Arraignment. You will be asked for a plea, and asked if you will need counsel. If you cannot afford an attorney, you may be assigned one at that time.


    Also, I am working on EXTREMELY limited funds, and IF I did get a fine, that would probably be all of the money I have. Are public defenders available in a trial this minor?
    They should be. Unless the offense is amended to a misdemeanor OTHER THAN PC 314 punishable by a fine only, you should be eligible for a public defender.


    One last question. If I DO choose to contest, is there any possibility that I might get in trouble for being drunk as well, even though I didn't get cited for that, and there was no testing done?
    Possible, but slim. However, you might consider pleading to being drunk in public as that is a pretty benign offense.

    - Carl

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