QUESTION:

Are there legal concerns regarding erections at nude beaches or the Folsom Street Fair?Are people legally required to cover them because they are a sexual function?

ANSWER:

Penal Code Section 314 reads in relevant part, “Every person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby is guilty of a misdemeanor.”

So there are concerns – especially because a conviction can create a sex offender registration requirement – and because a second violation is a felony. In fact, I once had to write a Romero motion to prevent an individual from facing life in prison for indecent exposure (it is still a qualifying third strike if certain prior convictions are present even after Prop 36). But perhaps having the statute in front of you will help you make a more informed decision.

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