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Name: In re Dallas W.
Case #: B141113
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 12/21/2000
Subsequent History: As modified on den. rehg. on 1/17/01; rev. den. 3/28/01
Summary

Although the juvenile court here explicitly found that the minor exposed his buttocks with the intent to annoy and affront people, and did not act with “sexual intent in the sense that he intended to arouse himself or a third person by his act,” the juvenile court sustained the petition which alleged misdemeanor indecent exposure in violation of Penal Code section 314, subdivision 1. On appeal, the minor attacked the sufficiency of the evidence, arguing that there was no evidence that he barred his buttocks “lewdly.” The Court of Appeal agreed, analogizing “mooning” to nude sunbathing, and declining to hold that it violated Penal Code section 314, subdivision 1. The court also noted in dicta that the language contained in CALJIC 16.220, which states that exposing one’s person or genitals for sexual arousal or to affront others, is an incorrect statement of the law. The appellate court reversed the order sustaining the petition.