Indecent Exposure (Pen. Code, § 314)
Indecent Exposure (Pen. Code, § 314) - The defendant is charged with indecent exposure in violation of Penal Code section 314. To prove that the defendant is guilty of this crime, the Prosecution must prove that:
1. The defendant willfully exposed (his/her) genitals in the presence of another person or persons who might be offended or annoyed by the defendant’s actions; AND
2. When the defendant exposed (himself/herself), (he/she) acted lewdly by intending to direct public attention to (his/ her) genitals for the purpose of sexually arousing or gratifying himself/herself) or another person, or sexually offending another person; AND (if applicable)
3. The willful and lewd exposure occurred after the defendant had entered an inhabited (dwelling house/part of a building/trailer coach) without consent. Someone commits an act willfully
when he or she does it willingly or on purpose. It is not required that he or she intend to break the
law, hurt someone else, or gain any advantage. It is not required that another person actually see the exposed genitals. [A (house/part of a building/trailer coach) is inhabited
if someone uses it as a dwelling, whether or not someone is inside at the time of the alleged indecent exposure. A (house/part of a building/trailer coach) is inhabited
if someone used it as a dwelling and left only because a natural or other disaster caused him or her to leave. A (house/part of a building/trailer coach) is not inhabited
if the former residents have moved out and do not intend to return, even
if some personal property remains inside. A house
includes any (structure/garage/office/) that is attached to the house and functionally connected with it. A trailer coach
is a vehicle without its own mode of power, designed to be pulled by a motor vehicle. It is made for human habitation or human occupancy and for carrying property. A trailer coach
is [also] a park trailer that is intended for human habitation for recreational or seasonal use only and
1. has a floor area of no more than 400 square feet;
2. is not more than 14 feet wide;
3. is built on a single chassis; AND
4. may only be transported on public highways with a permit.