San Francisco Man Acquitted of Indecent Exposure on BART (CA Penal Code 314)

San Francisco Man Acquitted of Indecent Exposure on BART (CA Penal Code 314)

Rabin Nabizadeh
October 21, 2013

28-year-old (name withheld for privacy) of San Francisco was recently arrested for felony indecent exposure due to an incident in a BART car, during which he attempted to have sex with a seat on the transit system.  The BART operator noticed him making sexual motions against the seat in a car near the cab and then witnessed him masturbating as well.  He then pulled out a crack pipe and began to smoke it in front of the operator.  Today, he was released, having been acquitted of all charges.

(CA Penal Code 314) covers laws concerning indecent exposure.  This specific crime is committed when an individual purposefully and willfully exposes their genitals in order to gain attention from others by this act.  His attorney was able to make the argument that he was engaging in a “private moment” and was not acting in the manner he did in order to gain the attention of others or to offend other persons, both of which would be required for a conviction.  In his case, the car was nearly empty and he did not seem to notice the presence of the operator for quite some time.

In the state of California, aggravated indecent exposure is considered a ‘wobbler.’  If you have been accused of a misdemeanor indecent exposure charge, you may spend up to 6 months in county jail and pay a fine of about $1,000, in addition to registering as a sex offender for life.  However, an ‘aggravated’ or felony indecent exposure charge, you may face up to 3 years in state prison, a maximum of $10,000 in fines, and registry as a sex offender.


latest news

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]
April 6, 2022
Arrested for DUI in California: Am I Going to Lose My Job?
You've been charged with a DUI and have no idea what to do next. A lot of worries may run through your mind, including the fear of losing your job. Many aspects of a DUI charge can be overwhelming to a person, even to those familiar with California Law. In this blog, we will discuss [...]