Lewd Acts
Soliciting or engaging in lewd acts in public place or a place in public view is a crime in California and the deviants are dealt harshly with punishments including jail time and monetary fines. The conviction of lewd act can damage your reputation and can be a blot for your otherwise decent profile. In the state of California, there is a separate clause, i.e., 647(a) which makes it illegal to engage or solicit in lewd acts and it highlights the government’s strict stance on the people who commit a lewd act in public. Therefore, if you are facing the charges of the lewd act or have a friend or family member who is held under suspicion of lewd act, you should consult a criminal defense attorney for lewd acts at the earliest and discuss the matter with him. We are a team of experienced defense lawyers in California, and we are available for free first consultation round the clock.
California Lewd Act Laws
According to PC 647(a), anyone who solicits anyone or engages in lewd or dissolute conduct at a public place or any place within view of the public is guilty of disorderly conduct which is punishable by law. The law in itself is clear-cut, but the definition of lewd acts is left open for interpretation to cover a wide range of sexually deviant activities. It can include any act or conduct for the sexual gratification of himself or herself or the sexual gratification of another person. The prosecutor can establish conviction by showing that
- The defendant willingly engaged in or solicited someone in acts intending to arouse or sexually gratify himself or the other person.
- The defendant was at a public place or in public’s view at that time.
- The defendant had reasonable knowledge that he is at a public place or the presence of other people.
For example, in a metro, a woman bares her breasts and starts to fondle them with the intention of arousal. She can be convicted of the lewd act. Or on the street, a boyfriend masturbates to gratify his girlfriend sexually; it can be charged with a lewd act offense.
Penalties for Lewd Act Conviction
According to the definition of Penal Code 647(a), lewd act offense is a misdemeanor in California. But, if it was done in the view of a minor, it can be punished as a felony. The misdemeanor lewd act carries both jail time and monetary fines to punish the convict. The penalties under 647(a) can be up to six months in county jail and up to $1000 in fines. The offender may also be required to enroll in sex rehabilitation program.
If you want to save yourself from these penalties and loads of embarrassment at the hands of people you know, you should immediately get in touch with us. We are qualified sex crime defense lawyer in California with offices around the state. We have fought several cases of a lewd act involving complicated details and circumstances. With a systematic approach to identifying and producing defense arguments and having solid courtroom expertise to deliver it in front of jury and judges, we aim for the best outcomes of your case and often time succeed in avoiding jail time.
Available Defense in Lewd Act Charges
When a client walks in at our law office, we try to get as many details about the case as we can. It helps us to understand the place, time, and circumstances in which the conduct happened. Some of the available common defenses that we can identify from this information are that the person did not know any other person present at that time who could have been offended by the act, or the person shielded himself from public view by hiding behind a bush or the wall.