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CALIFORNIA

CALIFORNIA CODES PENAL CODE

SECTION 314. Every person who willfully and lewdly, either: 1. 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; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to or thoughts or acts, is guilty of a misdemeanor.

Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year.

Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.

SECTION 647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
   (a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
   (b) ...

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CALIFORNIA CODES   EVIDENCE CODE

SECTION 1100. Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in the form of an opinion, evidence of reputation, and evidence of specific instances of such person's conduct) is admissible to prove a person's character or a trait of his character.

  . . .

SECTION 1108.
    
(a) In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352.
     (b) In an action in which evidence is to be offered under this section, the people shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least 30 days before the scheduled date of trial or at such later time as the court may allow for good cause.
     (c) This section shall not be construed to limit the admission or consideration of evidence under any other section of this code.
     (d) As used in this section, the following definitions shall apply:
           (1) "Sexual offense" means a crime under the law of a state or of the United States that involved any of the following:
                 (A)
Any conduct proscribed by Section 243.4, 261, 261.5, 262, 264.1, 266c, 269, 286, 288, 288a, 288.2, 288.5, or 289, or subdivision (b), (c), or (d) of Section 311.2 or Section 311.3, 311.4, 311.10, 311.11, 314, or 647.6, of the Penal Code.
                   (B) Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person.
                   (C) Contact, without consent, between the genitals or anus of the defendant and any part of another person's body.
                   (D) Deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.
                   (E) An attempt or conspiracy to engage in conduct described in this paragraph.
           (2) "Consent" shall have the same meaning as provided in Section 261.6 of the Penal Code, except that it does not include consent which is legally ineffective bec ause of the age, mental disorder, or developmental or physical disability of the victim.
 

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State Parks

California Administrative Code
Title 14, Section 4322

No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part of portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person.

NAC NOTE: Those found guilty of this misdemeanor face maximum punishment of 90 days in jail and/or a $1,000 fine.

NAC NOTE: An operating policy known as the "Cahill Policy" formerly guided the enforcement of Section 4322 by rangers of the California Department of Parks and Recreation (DPR). The Cahill Policy said, in part, "it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations."

DPR has terminated the Cahill Policy statewide, beginning with San Onofre State Beach in 2008. The policy is now in effect nowhere in the state.

 

 


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