SERIES 1100 SEX OFFENSES
F 1160 Indecent Exposure (PC 314)
TABLE OF CONTENTS
F 1160.1 Titles And Identification Of Parties
F 1160.1 Inst 1 Indecent Exposure—Title
F 1160.1 Inst 2 Identification Of Prosecution And Defendant
F 1160.2 Indecent Exposure—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1160.3 Indecent Exposure—Language That Is Argumentative, Confusing, Etc.
F 1160.3 Inst 1 Deletion Of Argumentative Language
F 1160.3 Inst 2 Juror Consideration Of Whether Exposed Genitals Were Seen
F 1160.3 Inst 3 Willfully: Argumentative
F 1160.3 Inst 4 Willfully: Balance
F 1160.4 Indecent Exposure—Burden Of Proof Issues
F 1160.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1160.5 Indecent Exposure—Elements And Definitions
F 1160.5 Inst 1 Separate Enumeration Of Combined Elements
F 1160.5 Inst 2 Willfully: Knowledge
F 1160.5 Inst 3 Inhabited Element: Separate Enumeration Incorporating Definition
F 1160.5 Inst 4 Indecent Exposure: Requirement That Bare Genitals Be Displayed
F 1160.6 Indecent Exposure—Defense Theories [Reserved]
F 1160.7 Indecent Exposure—Preliminary Fact Issues [Reserved]
F 1160.8 Indecent Exposure—Unanimity/Duplicity/Multiplicity [Reserved]
F 1160.9 Indecent Exposure—Lesser Offense Issues [Reserved]
F 1160 Notes
F 1160 Note 1 Indecent Exposure—CALCRIM Cross-References And Research Notes
F 1160 Note 2 Felony Indecent Exposure: Priors—Stipulation/ Bifurcation (PC 314.1)
F 1160 Note 3 Indecent Exposure: Attempt Is Not A Felony (PC 314(1))
F 1160 Note 4 Sex Crimes: Entrapment
Return to Series 1100 Table of Contents.
F 1160.1 Titles And Identification Of Parties
F 1160.1 Inst 1 Indecent Exposure—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1160.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1160.2 Indecent Exposure—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1160.3 Indecent Exposure—Language That Is Argumentative, Confusing, Etc.
F 1160.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 1160, paragraph 4, as follows [deleted language is stricken]:
[It is not required that another person actually see the exposed genitals.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1160.3 Inst 2 Juror Consideration Of Whether Exposed Genitals Were Seen
*Add after CC 1160, paragraph 4, if that language is not deleted as argumentative:
However, whether or not another person actually saw the exposed genitals is a factor to consider in determining whether the prosecution has proven every essential fact and element of the charges beyond a reasonable doubt.
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1160.3 Inst 3 Willfully: Argumentative
See FORECITE F 820.3 Inst 1.
F 1160.3 Inst 4 Willfully: Balance
See FORECITE F 820.3 Inst 2.
F 1160.4 Indecent Exposure—Burden Of Proof Issues
F 1160.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1160.5 Indecent Exposure—Elements And Definitions
F 1160.5 Inst 1 Separate Enumeration Of Combined Elements
*Modify CC 1160, Elements, as follows [added language is underlined; deleted language is stricken]:
1. The defendant willfully exposed (his/her) genitals;
2. When the defendant did so (he/she) was in the presence of another person or persons who might be offended or annoyed by the defendant’s actions;
3. (He/She) did so willfully;
[AND]
2 4. 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(;/.)
<Give element 3 if defendant charged with entering inhabited dwelling>
[AND]
[3 5. The willful and lewd exposure occurred after the defendant had entered an inhabited (dwelling house/part of a building/trailer coach).; ]
[AND]
[6. The willful and lewd exposure occurred without consent.
Points and Authorities
See FORECITE F 3500.2 Inst 1.
F 1160.5 Inst 2 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 1160.5 Inst 3 Inhabited Element: Separate Enumeration Incorporating Definition
See FORECITE F 1121.5 Inst 1.
F 1160.5 Inst 4 Indecent Exposure: Requirement That Bare Genitals Be Displayed
* Modify CC 1160, Element 1, as follows [added language is underlined]:
1. The defendant willfully exposed (his/her) bare genitals in the presence of another person or persons who might be offended or annoyed by the defendant’s actions;
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
“Bare” Requirement—People v. Massicot (2002) 97 CA4th 920, 932 held that indecent exposure under PC 314 requires the display of bare genitals. (The statutory term “private parts” refers to genitals.) (See id. at fn. 3; compare People v. Carbajal (2003) 114 CA4th 978 [visual observation of the exposed genitals is not an element of PC 314(1) but there must be circumstantial evidence that actual exposure occurred in the presence of other persons].)
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional, federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 10.38a.
F 1160.6 Indecent Exposure—Defense Theories[Reserved]
F 1160.7 Indecent Exposure—Preliminary Fact Issues[Reserved]
F 1160.8 Indecent Exposure—Unanimity/Duplicity/Multiplicity[Reserved]
F 1160.9 Indecent Exposure—Lesser Offense Issues[Reserved]
F 1160 NOTES
F 1160 Note 1 Indecent Exposure—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1161 [Lewd Conduct in Public]
CALCRIM 1162 [Soliciting Lewd Conduct in Public]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1160 Note 2 Felony Indecent Exposure: Priors—Stipulation/ Bifurcation (PC 314.1)
See People v. Merkley (1996) 51 CA4th 472.
CALJIC NOTE: See FORECITE F 10.38 n1.
F 1160 Note 3 Indecent Exposure: Attempt Is Not A Felony (PC 314(1))
PC 314(1) provides that a second conviction for indecent exposure is a felony; however, because the statute fails to specifically provide that felony liability applies to attempted indecent exposure, an attempt conviction cannot be the basis for felony liability under PC 314(1). (People v. Finley (1994) 26 CA4th 454, 458.)
CALJIC NOTE: See FORECITE F 16.220 n1.
F 1160 Note 4 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
