Penal Code 647(a) PC - Lewd Conduct in Public
California Penal Code 647(a) PC prohibits lewd conduct in public. This involves touching yourself or another person's genitals, buttocks, or female breasts for sexual gratification when you know or should know there are other people present who would be offended by it.
PC 647 says, Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or any place open to the public or exposed to public view."
Recently, I've been handling numerous cases where individuals, often found in their cars with another person, are caught engaging in sexual activity.
The police or a witness observes the act, leading to immediate arrest or a court citation. A lewd conduct charge is a serious matter that can significantly impact your criminal record and future.
As a defense attorney, I've been exploring various defenses to these crimes. In a recent case, my client admitted to exposing himself inside his car with another person. However, the prosecutor's case was weak as there were no external witnesses. This lack of evidence made it difficult for the prosecutors to file any sexual battery charges.
It was only the person from the inside indicating that he did it that caused him to be charged because the case was too weak to file any sexual battery charges.
After all, it was consensual, but the prosecutors filed a lewd conduct charge against him anyway, claiming that he exposed himself, and it doesn't matter whether anybody saw it or whether anybody was in a position to see it.
Exposing Yourself in a Public Place
This is a real problem because usually, the problem with these lewd conduct cases and the public policy behind this Penal Code Section has to do with other individuals seeing you expose one of your private parts out in public.
So, suppose the prosecutors don't have that element. In that case, it goes against the jury's instruction that you have to see somebody's body part out in public to be able to convict somebody of that charge.
So, if there was nobody there to see it and nobody saw it, trying to substantiate a lewd conduct charge under these circumstances would be a tough road to hoe for the prosecutors.
So, if you're charged with lewd conduct and you're concerned that you're going to have to register as a sex offender and get jail time, you're going to want to sit down with an attorney as soon as possible.
What I have you do is come to the office. We can discuss whether or not you have a complete defense to this particular crime or whether it's something we're going to have to mitigate down to a lesser crime that does not have the same stigma and connotations that go along with a lewd conduct charge.
Another area where I see lewd conduct is when people are walking around in public, going to stores and different locations, and one of their body parts is sexually exposed to the public.
So, sometimes, there's an argument that the person didn't do it on purpose. It was an accident versus if they were intentionally trying to expose themselves in public.
So, this is a defense to the crime. Still, the judge or the prosecutor — and even a jury if it goes that far — are going to look at the surrounding circumstances related to what happened and see if it makes sense that whatever the exposed situation was, it was an accident versus somebody who did it on purpose for sexual gratification and is now just trying to pretend that it was an accident.
So, the judge and the prosecutor are going to look at the surrounding circumstances and see if it makes sense that the particular individual intentionally exposed themselves or whether it was an accident.
Do You Have a Prior Criminal Record?
Even if it was an accident, there are some cases and circumstances where the prosecutors can make a run and try to convict you, especially if you have a criminal record for this type of behavior; they're not going to believe that it was an accident and they're likely to try to prosecute you so they can get some jail time on this offense.
When it comes to lewd conduct, probably one of the most significant factors that I see where they charge a case is if the person has a prior criminal record related to any sex offense.
Now that they have a new lewd conduct charge, prosecutors are likely to file this type of case because it will not benefit the defendant from the doubt. They figure they must have done this intentionally, so they will file it and try to convict them.
If your defense attorney can block the other prior evidence from coming in, you're in a much stronger position and can argue and win if it's a weak case.
If, on the other hand, there is evidence of you doing similar type of conduct, you can bet that the prosecutors will undoubtedly try to get this in in a lewd conduct prosecution to try to show the jury that you have the propensity to commit this type of offense, there's no accident, there's no mistake.
You did it on purpose. So, usually, the battle lines are drawn as to whether or not they can use that other evidence against you in deciding whether or not you'll be found guilty of a lewd conduct charge in Los Angeles County.
What Are the Penalties for Lewd Conduct?
Lewd conduct in California can be charged as a felony, carrying severe penalties. If convicted, you could face state imprisonment, hefty fines, and mandatory sex offender registration. This underscores the importance of seeking legal help to fight these charges.
We at The Hedding Law Firm are here to help you avoid these charges involving lewd conduct. We will gather and contest all the evidence presented against you and do everything we can to get you the best results possible.
Lewd conduct charges arise from indecent exposure, child molestation, child pornography, and prostitution and occur when a person solicits anyone to engage in or engage in lewd or immoral conduct in any public place or any place exposed to public view.
To be convicted of the sex crime of lewd conduct under California Penal Code Section 647(a), the prosecution must prove the elements of the crime beyond a reasonable doubt. The elements of the crime are:
- The person willfully engaged in the touching of their own or someone else's private areas.
- The person had the intent to gratify self or another sexually.
- The person was in a public place.
- Someone else was present at the time who may have been offended.
- The person knew or should have known that a person who may have been offended was present.
As your defense lawyers, our primary goal is to challenge the prosecution's evidence and demonstrate that they have not proven each element of the crime beyond a reasonable doubt. We are here to fight for your rights and ensure a fair trial. We can and will help you if you are being charged with any form of lewd conduct and fight all the allegations that are coming against you.
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