CALCRIM (Jury Instructions) Section 1160. • Lewd Intent Defined. In re Smith (1972) 7 Cal.3d 362, 365–366 [102 Cal.Rptr. 335, 497 P.2d 807]. • Lewd Intent Does N
CALCRIM (Jury Instructions) § 1160
•
Lewd Intent Defined. In re Smith (1972) 7 Cal.3d 362, 365–366 [102 Cal.Rptr.
335, 497 P.2d 807].
•
Lewd Intent Does Not Require That Genitals Be Touched. People v. Rehmeyer
(1993) 19 Cal.App.4th 1758, 1766 [24 Cal.Rptr.2d 321]; see People v. Meeker
(1989) 208 Cal.App.3d 358, 362 [256 Cal.Rptr. 79].
•
“Private Parts” Means Genitals. People v. Massicot (2002) 97 Cal.App.4th 920,
925, fn. 3 [118 Cal.Rptr.2d 705]; see In re Smith (1972) 7 Cal.3d 362, 366 [102
Cal.Rptr. 335, 497 P.2d 807].
•
Inhabitation Defined. See Pen. Code, § 459 [in context of burglary].
•
Trailer Coach Defined. Veh. Code, § 635; Health & Saf. Code, § 18009.3.
•
House Not Inhabited is Former Residents Not Returning. People v. Cardona
(1983) 142 Cal.App.3d 481, 483 [191 Cal.Rptr. 109].
LESSER INCLUDED OFFENSES
•
Attempted Indecent Exposure. Pen. Code, §§ 664, 314; People v. Rehmeyer
(1993) 19 Cal.App.4th 1758, 1766–1767 [24 Cal.Rptr.2d 321]; see also People v.
Finley (1994) 26 Cal.App.4th 454, 456–459 [31 Cal.Rptr.2d 288] [attempted
misdemeanor indecent exposure is not elevated to felony by recidivist provision
of Pen. Code, § 314].
Indecent exposure is a misdemeanor if the defendant does not have qualifying priors
and the alleged event did not occur in an inhabited dwelling. (Pen. Code, § 314.) If
the defendant is charged with one of the factors that elevates the offense to a felony,
then the misdemeanor is a lesser included offense.
Soliciting anyone to engage in lewd or dissolute conduct in any public place (see
Pen. Code, § 647(a)) is not a lesser included offense of indecent exposure under
Penal Code section 314, subdivision 1. (People v. Meeker (1989) 208 Cal.App.3d
358, 361–362 [256 Cal.Rptr. 79] [following construction of “lewd or dissolute
conduct” in Pryor v. Municipal Court (1979) 25 Cal.3d 238, 256 [158 Cal.Rptr. 330,
599 P.2d 636]]; contra, People v. Curry (1977) 76 Cal.App.3d 181, 186–187 [142
Cal.Rptr. 649]; People v. Swearington (1977) 71 Cal.App.3d 935, 944 [140 Cal.Rptr.
5].) Burglary is also not a necessarily included offense of unlawful entry for
indecent exposure. (People v. Rehmeyer (1993) 19 Cal.App.4th 1758, 1768–1769
[24 Cal.Rptr.2d 321].)
RELATED ISSUES
Presence of Others
“[A] conviction for indecent exposure under Penal Code section 314, subdivision 1
requires evidence that a defendant actually exposed his or her genitals in the
presence of another person, but there is no concomitant requirement that such
SEX OFFENSES
CALCRIM No. 1160
931
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 1160. • Lewd Intent Defined. In re Smith (1972) 7 Cal.3d 362, 365–366 [102 Cal.Rptr. 335, 497 P.2d 807]. • Lewd Intent Does N. This means people must follow this rule, and breaking it can lead to criminal penalties.