California Penal Code Section 647(a) PC: Lewd Conduct

Lewd conduct in public is a charge that can have a significant impact on your reputation and future, even though it doesn’t involve physical harm to others. California takes such allegations seriously, as they pertain to maintaining public decency. A conviction under Penal Code 647(a) could result in jail time, fines, and even the possibility of sex offender registration in some cases.

If you’re accused of lewd conduct, it’s critical not to handle the situation on your own. Talking to law enforcement without an experienced criminal attorney by your side can lead to misunderstandings or admissions that could harm your case. At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney provides over 20 years of experience helping clients fight criminal charges, including those related to lewd conduct. Contact our office today at (310) 448-1529 for a confidential consultation.

What Is Lewd Conduct in Public?

Under Penal Code 647(a) PC, lewd conduct involves engaging in certain sexual or indecent acts in public or a location exposed to public view. These acts typically include touching your own or someone else’s genitals, buttocks, or female breast for the purpose of:

• Sexual arousal.
• Sexual gratification.
• Offending someone who might witness the act.

To convict someone under this statute, the prosecution must prove:

1. The Act: The defendant willfully engaged in an act of lewd or dissolute behavior.
2. Public Location: The act occurred in a public place or somewhere visible to others who were likely to be offended.
3. Intent: The defendant acted with the intent to arouse, gratify, or offend.
4. Awareness: The defendant knew or should have known their actions could be observed by someone likely to be offended.

How Are People Prosecuted for PC 647(a) Lewd Conduct?

Prosecutors pursuing a conviction under Penal Code 647(a) PC, which criminalizes lewd acts in California, must prove beyond a reasonable doubt that the defendant’s behavior satisfied all legal requirements outlined in the statute.

To secure a conviction, the following elements must be proven:

1. Willful Intent
   You acted with deliberate intention when engaging in the alleged conduct.
2. Touching Intimate Body Parts
   You touched your own or another person’s intimate body parts (genitals, anus, or a woman’s breast).
3. Public Setting
   The act occurred in a public place or a location where it could be easily observed by others.
4. Presence of an Offended Party
   The conduct took place in the presence of someone who was offended or annoyed by your actions.
5. Knowledge of the Circumstances
   You either knew or reasonably should have known that someone else was present when the act occurred.
6. Intent to Arouse, Gratify, or Offend
   The purpose of the lewd act was to achieve sexual gratification, arousal, or to annoy or offend someone.

The prosecution must establish each of these elements to convict someone of lewd conduct under Penal Code 647(a). If even one of these criteria is not met, the case may not result in a conviction.

Examples of Lewd Conduct in Public

• Engaging in sexual acts in a park, public restroom, or beach.
• Masturbating in a parked car visible to passersby.
• Exposing oneself in a way designed to arouse or offend.
• Performing intimate acts in a place where others are likely to see, such as outside a bar or at a concert.

It’s important to note that intent matters significantly. Accidentally exposing yourself or being in a compromising position without intent to arouse or offend likely does not constitute lewd conduct under the law.

Penalties for Lewd Conduct in California

• Jail Time: Up to 6 months in county jail.
• Fines: Up to $1,000.
• Probation: Probation terms may include counseling, rehabilitation, or community service.

In some cases, a conviction could require sex offender registration under Penal Code §290, which can have life-altering implications. Whether registration applies depends on the specific facts of the case and the court’s discretion.

Defenses Against Lewd Conduct Charges

No Intent: If the alleged act was not done with the intent to arouse, gratify, or offend, it does not meet the criteria for lewd conduct.

Private Location: If the conduct occurred in a private area, not visible to the public, the charge may not hold up in court.

False Accusation: Misunderstandings or malicious motives can lead to false charges. Surveillance footage, witness testimony, or other evidence can help prove innocence.

Entrapment: Law enforcement officers sometimes overstep their bounds during sting operations. If an officer coerced or pressured you into engaging in lewd conduct, entrapment could serve as a defense.

Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you committed the alleged act with the required intent. If evidence is lacking, the charges may be dismissed.

What Should You Do if You’re Accused of Lewd Conduct?

The most important step is to remain calm and avoid speaking to law enforcement without legal representation. Anything you say can and likely will be used against you. Instead, contact an experienced criminal defense attorney as soon as possible.

Our Los Angeles criminal defense attorney understand how stressful and embarrassing a lewd conduct charge can be. With over two decades of experience, we’ve helped countless clients achieve favorable outcomes in their cases. Here’s how we can assist you:

• Analyze the Evidence: We thoroughly review police reports, video footage, and witness statements to identify weaknesses in the prosecution’s case.
• Develop a Strategy: Every case is unique. We craft a defense tailored to the specific facts of your situation.
• Negotiate on Your Behalf: If possible, we work to reduce or dismiss charges through negotiation with the prosecution.
• Advocate in Court: If your case goes to trial, we provide aggressive representation to protect your rights and fight for the best possible outcome.

Contact a Los Angeles Criminal Defense Attorney Today

At The Law Offices of Arash Hashemi, we understand how charges of lewd conduct in public can affect your reputation, career, and personal life. With over 20 years of experience, Attorney Arash Hashemi is committed to providing skilled and compassionate legal representation. Our team will carefully evaluate the evidence, identify weaknesses in the prosecution’s case, and craft a personalized defense strategy aimed at protecting your rights and minimizing the impact on your future.

A single charge doesn’t have to define your life. Take proactive steps to safeguard your freedom and reputation by consulting with a knowledgeable and experienced Los Angeles criminal defense attorney.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.