The court system uses California Penal Code Section 647(a): Lewd Conduct to prosecute individuals who perform or request sex acts in public. Lewd conduct is a sex crime that can come with serious penalties.
Understanding charges under the California Penal Code can be difficult. Getting clear-cut information about these charges will help you grasp the best way to handle any lewd conduct accusation.
At Simmrin Law Group, we’ve been defending clients like you for two decades. Our team can explain your rights and help reduce your penalties if you are being accused of lewd acts in a public place. Call us today to get a free consultation.
Understanding the Definition of Lew Conduct in California
In California, it is illegal to perform or request lewd acts in public. Lewd conduct charges involve:
Criminal Action
In order to be charged under California Penal Code Section 647(a), a person must touch their own or another individual’s private parts, including:
- Genitals
- Buttocks
- Breasts
Specific Intent
Lewd conduct only occurs if the touching occurs in order to:
- Experience sexual arousal
- Experience sexual gratification
- Offend or annoy someone
Location
Individuals can only be charged with lewd conduct if they were in public or within the view of the public. Additionally, another person must be present at the time the lewd conduct occurred.
Note that you may also be subject to Penal Code 647(a) if you solicit sexual touching from another person while in a public place. If you find yourself facing these charges, reach out to a lewd conduct defense lawyer in Los Angeles from Simmrin Law Group.
For a free legal consultation with a lewd conduct lawyer serving California, call (310) 896-2723
Possible Places You Could Still Be Charged with Lewd Conduct
In California, lewd conduct is defined as engaging in lewd acts in public or in places where others may be offended or annoyed. Even if an act occurs in a location you consider private, you could still face criminal charges if it is accessible to the public or visible to others.
Common scenarios include:
- Public restrooms: Engaging in lewd behavior in a public restroom accessible to the public can lead to charges.
- Parks and recreational areas: Open spaces where the public can observe your actions may qualify as public places.
- Beaches and swimming pools: Even if partially secluded, areas where others are present or could witness the act can result in charges.
- Streets, sidewalks, and parking lots: Outdoor locations visible to passersby are considered public spaces.
- Businesses and commercial establishments: Restaurants, stores, and other facilities like massage parlors open to the public are subject to California Penal Code enforcement.
- Public transportation: Trains, buses, or other vehicles accessible to the public may also be covered.
- Movie theaters: Even in low-light or partially private settings like a dark movie theatre, adult theatre, or even adult video store booths, if others are present or could be offended, lewd conduct charges can still apply.
Because California law focuses on public visibility and the potential to offend others, lewd conduct charges can apply in a wide range of locations, not just traditional public spaces. Whether you’re facing disorderly conduct charges or a criminal conviction in Orange County, you can turn to Simmrin Law Group for help.
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What Are Some Examples of Lewd Acts Under California Penal Code Section 647(a)?
It can be difficult to understand the exact circumstances that can lead to a lewd conduct charge. Examples of this type of inappropriate conduct could include:
- A couple went on a date and ended up parked outside a restaurant. Feeling amorous, they engaged in a sex act in their vehicle while aware that there were other people in the parking lot. Another driver notified the police, and the couple face lewd acts charges.
- A man at a busy park approached a woman reading on a bench in a public place. He sat down and, after exchanging a smile, requested that she perform a sex act. She protested, called the police, and he faced charges for soliciting lewd acts.
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Evidence That May Be Used Against You in a Lewd Conduct Case
In California, prosecutors rely on a variety of evidence to prove lewd conduct under Penal Code § 647(a). Even if you believe your actions were private, certain types of evidence can be used against you in court.
Understanding what may be collected can help you work with a criminal defense attorney to protect your rights.
Surveillance Footage
Video recordings from security cameras, dash cams, or nearby businesses can capture lewd acts in public or semi-public spaces. Even partial or low-quality footage may be used to establish that the conduct occurred in a location visible to others.
Witness Statements
Witness testimony from bystanders, other patrons, or employees who observed the alleged conduct can be used as evidence. Witness statements may describe your actions, location, and whether anyone was offended or threatened.
Digital Evidence
Text messages, social media posts, or other electronic communications may be examined if they relate to the incident or demonstrate intent.
Physical Evidence
Clothing, personal items, or other objects left at the scene can sometimes support the prosecution’s claims.
Expert or Forensic Analysis
In certain cases, forensic or DNA experts may analyze digital devices or physical evidence to corroborate witness accounts or surveillance footage of sexual deviancy.
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Criminal Penalties
The court system in Los Angeles treats lewd conduct as a misdemeanor. Generally, you may face the following penalties if convicted under PC 647(a):
- Six months of jail time
- Mandatory sex offender counseling
- Fines and fees
Although not required, you may be asked to submit to an HIV test in certain cases. Additionally, the court can forbid you from returning to the area where the lewd conduct took place.
Lewd conduct convictions will remain on your criminal record. As with any sex crime, this kind of conviction can make it difficult for you to find work or a place to live. For help, call our Los Angeles sex crimes lawyers now.
Do You Have to Register as a Sex Offender if Charged with Lewd Conduct?
Being charged with lewd conduct in California does not automatically mean you will be required to register as a sex offender.
Sex offender registry requirements are determined by the specific statute under which you are convicted, the age of the victim, and whether the offense meets the criteria outlined in the California Penal Code.
- Lewd conduct with a minor: If convicted of lewd or lascivious acts involving a minor under 14, registration is typically required.
- Lewd conduct with an adult: Charges involving adults or consensual activity generally do not trigger sex offender registration.
- Court discretion and plea deals: In some cases, prosecutors or courts may offer plea agreements that avoid mandatory registration.
- Consulting a criminal defense attorney: Because registration carries lifelong legal obligations and consequences, it is critical to seek guidance from Simmrin Law Group to understand potential outcomes and defenses.
Registration is a serious legal obligation, so it’s important to address these charges carefully to protect your rights and future in Los Angeles County with our team.
How Can a Lawyer Defend Against These Accusations?
There are a number of possible legal defenses against the accusation of lewd acts in public. Your Los Angeles criminal defense lawyer may be able to use these arguments:
False Accusations
The prosecution must prove that you actually engaged in lewd conduct. A criminal defense lawyer in Los Angeles can present evidence and arguments that may prove you never committed lewd acts in public view.
Out of Public View
Lewd conduct only occurs if sexual touching takes place in a public place or where the public can see what’s going on. You may be able to argue that you were in a private location when sexual activity occurred, totally out of public view.
Non-Sexual Touching
Individuals should only be convicted of lewd conduct if they were motivated by sexual desire or the intent to offend someone else. Proving that you had a different motivation can help you deal with lewd acts charges.
Entrapment
Sometimes, police officers use undercover operations in order to trick people into committing criminal acts. During this kind of sting operation, a police officer is only allowed to set up a situation that could allow for a crime to occur.
Police officers who are too aggressive may end up making illegal arrests. If this happens, it’s important to partner with a Los Angeles criminal defense attorney immediately to protect your rights.
Contact Our Los Angeles Sex Crimes Lawyers Now to Learn More
Accusations that you violated California Penal Code Section 647(a): Lewd Conduct can have far-reaching effects on your life.
Simmrin Law Group is here to help you address these charges quickly. Our professional sex crimes lawyers in Los Angeles can start working on a defense for you today. Call us or fill out our online contact form to get started.
You can learn more about defenses for lewd conduct charges with a free consultation. To get more answers about the California legal system and why hiring a criminal defense attorney is beneficial, visit our FAQ page.
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