CALCRIM No. 1160

The defendant is charged [in Count] with indecent exposure [in

violation of Penal Code section 314].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant willfully exposed (his/her) genitals in the presence

of another person or persons who might be offended or annoyed

by the defendant’s actions;

[AND]

2. 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. The willful and lewd exposure occurred after the defendant had

entered an inhabited (dwelling house/part of a building/trailer

coach) without consent.]

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

[It is not required that another person actually see the exposed genitals.]

[A (house/part of a building/trailer coach) is inhabited if someone uses it

as a dwelling, whether or not someone is inside at the time of the alleged

indecent exposure.]

[A (house/part of a building/trailer coach) is inhabited if someone used it

as a dwelling and left only because a natural or other disaster caused

him or her to leave.]

[A (house/part of a building/trailer coach) is not inhabited if the former

residents have moved out and do not intend to return, even if some

personal property remains inside.]

[A house includes any (structure/garage/office/ <insert other

description>) that is attached to the house and functionally connected

with it.]

[A trailer coach is a vehicle without its own mode of power, designed to

be pulled by a motor vehicle. It is made for human habitation or human

occupancy and for carrying property.]

[A trailer coach is [also] a park trailer that is intended for human

habitation for recreational or seasonal use only and

1. has a floor area of no more than 400 square feet;

2. is not more than 14 feet wide;

3. is built on a single chassis;

AND

4. may only be transported on public highways with a permit.]

New January 2006