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Indecent Exposure Arrest Made in Palo Alto

Posted on in Criminal Defense

A man was arrested for indecent exposure, a registrable sex crime, in Palo Alto. The man, who is on active probation in Santa Clara County and San Mateo County was taken into custody on December 26, 2014 for exposing his genitals to at least two people in downtown Palo Alto.

The indecent exposure claimed two unsuspecting victims. The criminal suspect is alleged to have exposed his genitals to a man while standing in front of a business on Bryant Street. While doing so he then accosted a woman trying to enter the building. The Mercury News reports that the suspect wagged his appendage at the woman as she passed him and entered into the building. She locked the door and called the police.

The defendant's alleged conduct, if proven, constitutes a violation of Penal Code section 314.1. To prove a violation a prosecutor must show that the defendant willfully exposed himself, in the presence of another person, which was done for the defendant's sexual arousal or for the arousal of another person. A conviction may also be obtained if the exposure was done to offend another person.

In Santa Clara County, a first time offense for this crime is typically charged as a misdemeanor and carries a county jail sentence of up to six months. A second or third offense may easily be charged as a felony. However, whether a misdemeanor or felony, a conviction for Penal Code section 314.1 requires mandatory registration as a sex offender (Penal Code section 290). This is a lifetime requirement that can only be removed by obtaining a certificate of rehabilitation, a rare and difficult thing to accomplish.

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