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Indecent Exposure....wtf?

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S

Slumper

Guest
A friend and I went to southern Cali to have some fun. We went out on a Sat night and partied late. The next day we went to the beach to hang out. We play some catch with a frisbee and then just decided to relax. We had been diving all over the sand for the frisbee. My friend was laying down and decided to try and get some of the sand out of his trunks. He did not take his trunks off or down in any way, just kind of shook them out. When we decided to leave, the police stopped us and made us wait for a long time. He was then told he was being taken in for Indecent Exposure. They never read him his rights or even talked with him after that. I had to bail him out 5 hours later. Now he is going back to court. I guess it was these two girl sitting near us and they were 16 or so, underage. He is also charged with Harrassing a Minor or some such. My question is, can this really be serious? I am his witness saying nothing happened, and it will just be our word against thiers right? Niether of us have ever dealt with this, what can we expect? Thanks
 


calatty

Senior Member
Indecent exposure is a violation of Penal Code 314. It requires that the person expose his genitals for the purpose of one's own or another's sexual gratification. Shaking out sand, and an inadvertent exposure in the process, is not a sexual purpose. In addition, most people who commit indecent exposure don't do so in front of their buddies. The other charge is probable child annoyance, Penal Code section 647, the theory being that the exposure annoyed the girls. Both are serious charges. He does have a good defense, but the minors may have embellished the story, and you never know what a jury might do. He obviously needs an attorney. He may be offered a plea bargain, but he should think carefully before he pleads to any sexual offense. As for not reading him his rights, the police do not have to read you your rights unless you are in custody AND they are going to question you.

[Edited by calatty on 05-21-2001 at 12:24 PM]
 

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