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.
Notes of Decisions
Cited in
146
cases (
27 in the last 5 years), 1964–2026 · leading case:
Nunez v. Holder, 594 F.3d 1124 (9th Cir. 2010).
Nunez v. Holder, 594 F.3d 1124 (9th Cir. 2010).
· cites it 10× “The BIA affirmed the IJ, concluding that indecent exposure, the offense proscribed by California Penal Code § 314, was also such a crime.”
People v. Earle, 172 Cal. App. 4th 372 (Cal. Ct. App. 2009).
· cites it 6× “(a)(1)), and indecent exposure (Pen. Code, § 314, subd. 1 (section 314(1))).”
Felipe Betansos v. William Barr, 928 F.3d 1133 (9th Cir. 2019).
· cites it 6× “Penal Code § 484 (a), and 2002 indecent exposure, Cal. Penal Code § 314 (1), convictions. 1 On April 22, 2010, the Department of Homeland Security (“DHS”) served Betansos with a Notice to Appear, which initiated his removal proceedings.”
V.C. v. Superior Court, 173 Cal. App. 4th 1455 (Cal. Ct. App. 2009).
· cites it 6× “(a)); misdemeanor indecent exposure (Pen. Code, § 314, subd. 1); and misdemeanor child molestation (Pen.”
Lucido v. Superior Court, 795 P.2d 1223 (Cal. 1990).
· cites it 2× “In this case we decide whether the doctrine of collateral estoppel bars prosecution of petitioner Arasimo Settemo Lucido for indecent exposure (Pen. Code, § 314, subd. 1; further statutory references are to this code unless otherwise indicated).”
People v. Turner, 66 Cal. Rptr. 3d 803 (Cal. Ct. App. 2007).
· cites it 2× “(Pen. Code, § 314, subd. I.) 1 The trial court suspended sentence and placed defendant on five years’ formal probation subject to certain terms and conditions.”
People v. Carbajal, 2004 Cal. Daily Op. Serv. 37 (Cal. Ct. App. 2003).
· cites it 3× “We have been asked to decide whether defendant Nicolas Limón Carbajal’s conviction for indecent exposure (Pen. Code, § 314, subd. 1) is valid where there is no evidence that anyone actually saw his naked genitals.”
United States v. Jose Alfredo Pallares-Galan, 359 F.3d 1088 (9th Cir. 2004).
“In July 1999, Pallares was charged before the Municipal Court with one count of Annoying or Molesting a Child Under 18, in violation of California Penal Code § 647.6(a), and three counts of Indecent Exposure, in violation of California Penal Code § 314(1).”
Morrison v. State Bd. of Educ., 461 P.2d 375 (Cal. 1969).
· cites it 2× “(d)), nor exhibitionism (Pen. Code, § 314) were involved. Conviction of such offenses would have resulted in the mandatory revocation of all diplomas and life certificates issued by the State Board of Education.”
People v. Austin, 111 Cal. App. 3d 110 (Cal. Ct. App. 1980).
· cites it 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 incite to vicious or…”
Gatto v. Cnty. of Sonoma, 2002 Cal. Daily Op. Serv. 4466 (Cal. Ct. App. 2002).
“, Pen. Code, § 314), but also the wearing of clearly specified types of clothing or accessories they reasonably believe might lead to substantial disruption of or material interference with the event.”
In Re Foss, 519 P.2d 1073 (Cal. 1974).
· cites it 2× “3d 410 , that a term of life imprisonment for a second offense of indecent exposure (Pen. Code, §§ 314, 671), violated article I, section 6, of our Constitution.”
— Cal. Penal Code § 314(1) — 9 cases
Felipe Betansos v. William Barr, 928 F.3d 1133 (9th Cir. 2019).
“Penal Code § 484 (a), and 2002 indecent exposure, Cal. Penal Code § 314 (1), convictions. 1 On April 22, 2010, the Department of Homeland Security (“DHS”) served Betansos with a Notice to Appear, which initiated his removal proceedings.”
Nunez v. Holder, 594 F.3d 1124 (9th Cir. 2010).
“The BIA affirmed the IJ, concluding that indecent exposure, the offense proscribed by California Penal Code § 314, was also such a crime.”
United States v. Jose Alfredo Pallares-Galan, 359 F.3d 1088 (9th Cir. 2004).
“In July 1999, Pallares was charged before the Municipal Court with one count of Annoying or Molesting a Child Under 18, in violation of California Penal Code § 647.6(a), and three counts of Indecent Exposure, in violation of California Penal Code § 314(1).”
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