Can a defendant who concealed his genitals but publicly exposed other parts of his body be convicted of indecent exposure?

As did our colleagues in People v. Massicot, we note the remarkable absence of case law interpreting the language of Penal Code section 314, subdivision 1. (People v. Massicot, supra, 97 Cal.App.4th at p. 926, 118 Cal.Rptr.2d 705.) In that case, the court had to determine whether a defendant who concealed his genitals but publicly exposed other parts of his body, i.e., his bare shoulders, buttocks, and thighs, could be convicted of indecent exposure. The court reversed the conviction, concluding the word "person," as used in the statute, means an "entirely unclothed body, including by necessity the bare genitals...." (Id. at pp. 924, 932, 118 Cal.Rptr.2d 705.) In reaching this conclusion, the court turned to the common law offense of indecent exposure which, it determined, "require[d] display of the genitals." (Id. at p. 928, 118 Cal.Rptr.2d 705.)

[114 Cal.App.4th 983]