Penal Code 314 is California’s indecent-exposure law: willfully and lewdly exposing your private parts in a public place, or where others are present who may be offended.
A first offense is a misdemeanor — but it requires sex-offender registration under PC 290, which is why these cases are worth fighting hard.
What PC 314 Says
PC 314 requires that the exposure be both willful and lewd — done with the intent to sexually gratify yourself or to offend the viewer. Two things it is not: accidental exposure, and non-sexual nudity. The exposure must be of the genitals (not merely buttocks), in a public place or where others are present to be offended.
The Registration Consequence
This is the part that matters most. A conviction under PC 314 requires registration as a sex offender under Penal Code 290 — a registration obligation (tiered under current law, with a minimum term and a petition to terminate) that follows you beyond any sentence. Because of that, the central goal in these cases is often to avoid a PC 314 conviction entirely, including by negotiating a plea to a non-registerable offense such as disturbing the peace (PC 415).
Defenses
- Not lewd. Exposure without sexual intent — public urination, a wardrobe malfunction, non-sexual nudity — is not indecent exposure.
- Not willful. Accidental exposure is not a crime.
- No one present to be offended, or not a public place within the statute.
- Mistaken identity or false accusation. Given the registration stakes, a plea to a non-registerable offense is frequently the goal.
Frequently Asked Questions
Is indecent exposure a felony or a misdemeanor in California?
A first offense of indecent exposure under PC 314 is a misdemeanor. However, it requires sex-offender registration under PC 290, and certain circumstances or priors can elevate the exposure.
Does a PC 314 conviction require sex-offender registration?
Yes. A conviction for indecent exposure under PC 314 requires registration as a sex offender under Penal Code 290. That registration obligation (tiered under current law, with a minimum term and a petition to terminate) is a central reason to fight the charge or negotiate a plea to a non-registerable offense.
What are the defenses to indecent exposure?
That the exposure was not lewd (no sexual intent — public urination or a wardrobe malfunction), that it was not willful (accidental), that no one was present to be offended, or mistaken identity. Because of the registration stakes, resolving the case as a non-registerable offense is often the goal.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
Free 30-Minute Consultation
Because a conviction means registration, an indecent-exposure case is worth fighting hard. Tell me what happened and I'll tell you where it's soft.
Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com