Lewd Conduct

California Penal Code 647(a) makes it a crime to engage in lewd conduct. Under this statute, lewd conduct involves touching your intimate parts or those of another person with the intent for sexual arousal. You will be arrested and charged with the crime if you engage in such behavior in a public setting.

Before a conviction for lewd conduct, the prosecution must prove all the elements of the crime. A conviction under PC 647(a) can result in a jail sentence, fines, and probation. Additionally, the conviction will enter your record and affect your professional and personal lives.

If you or a loved one faces charges for this sex crime, you will need the insight of a reliable lawyer. At CCLG: Los Angeles Criminal Attorney, we will offer the guidance and representation you need to secure a favorable case outcome. We serve clients seeking to beat sex crime charges in Los Angeles, CA.

An Overview of California Penal Code 647(a)

In California, lewd conduct is a misdemeanor under Penal Code 647(a). To convict you under this statute, the prosecutor must prove all the elements of the crime beyond a reasonable doubt. The elements include:

You Willfully Engaged in Touching Intimate Parts

The first element that the prosecution must prove is that you acted willfully. “Willfully” means you did it deliberately, not by accident. The touching must involve intimate parts. These include the genitals, the buttocks, or a woman’s breasts. Penal Code 647(a) covers touching your body and another person’s.

It also does not matter whether the touching happened over clothing or bare skin. The most important fact is that the act was intentional. Accidental contact does not qualify as lewd conduct. This element sets the foundation that the act was deliberate.

The Act Happened in a Public Place or in Public View

Touching of the intimate parts must take place in a public area for it to constitute lewd conduct. A public place includes:

• Parks
• Sidewalks
• Restrooms
• Theaters

It can also be a private location if it is not open to public view. The prosecution must prove that you acted in an area where other people could reasonably be present. If the act happens in complete privacy, this element is not met. The law protects the public from unwanted exposure to sexual acts. Therefore, the setting is as important as the act.

You Acted with Intent to Arouse, Gratify, Annoy, or Offend Another Person

The prosecution must prove your intent to establish your liability under this statute. You must have done the touching with a clear intent for it to constitute lewd conduct. The purpose can be to cause sexual arousal for yourself or someone else. It can also be to offend or annoy another person.

There is no sexual or offensive intention behind the touching. The prosecution will prove intent using the circumstances under which the touching occurred. Words, gestures, or the setting of the act can show what was in the person’s mind. Without this intent, the act is not lewd conduct.

Another Person Who Could Be Offended Was Present

The prosecution must prove another element to establish your liability under PC 647(a): that another person was present during the act. The person does not need to complain or say they were offended. Their presence merely facilitated their exposure to the act. The need to prove this element shows that lewd conduct is about protecting others.

You Knew or Should Have Known Someone Was There

The last element that the prosecution must prove is that you knew or should have known someone else was present when you committed the act. You cannot avoid liability by claiming you did not see someone if it was obvious that people were around. The court will use the standards of a reasonable person in your position to determine this element. It ensures that only conduct done with awareness of others can be punished.

Sentencing and Punishment for Lewd Conduct in California

A violation of California Penal Code 647(a) is charged as a misdemeanor. A conviction for the offense results in the following penalties:

• A jail sentence of up to six months
• Fines not exceeding $1,000
• Misdemeanor probation

Probation for Lewd Conduct in California

Instead of serving time in county jail, many defendants may be placed on misdemeanor probation. Probation allows a person to stay in the community under strict rules set by the court. For a misdemeanor conviction, the court can sentence you to summary probation. The probation will last one to three years and does not need constant supervision from a probation officer.

Probation is not automatic. Therefore, your attorney can negotiate with the court for an alternative sentence. Often, first-time offenders are likely to receive probation instead of jail. The court considers the following factors when sentencing you to probation:

• The circumstances of your crimes
• Your criminal history
• Whether the act you committed harmed another individual is a crucial consideration.

The court can deny you probation and order that you serve your jail sentence if you are a repeat offender. Probation comes with strict conditions. The conditions vary depending on the circumstances of your offense. They include:

• Payment of fines and court fees. The court may order you to pay all the penalties imposed at sentencing. Failure to pay the fines can trigger a probation violation charge.
• Counseling or therapy. Many judges order counseling programs for defendants who face a conviction for lewd conduct. These programs address sexual behavior or decision-making. They can include group therapy, individual therapy, or specialized programs.
• Community service or community labor.The judge may order you to complete specific work hours with local organizations. The condition ensures that you return to the community. Additionally, it reinforces responsibility.
• Stay-away orders. The court may order you to stay away from the location of the incident. It can also sometimes restrict you from contacting specific individuals who are involved. 
• Obeying all laws. The court requires you to stay in excellent standing with the law during probation. This means that you should not commit other offenses. Even minor infractions or arrests for unrelated conduct can count as violations.
• Restrictions on alcohol or drugs. Sometimes, drug use or intoxication can contribute to lewd conduct. Under these circumstances, the court can order random drug testing. A positive drug test in this case can result in a violation.
• Progress hearings. During misdemeanor probation, you are not required to check in with a probation officer. However, you must return to court periodically to report your progress.

Violating Probation

If you violate probation, the court can take severe actions against you. A violation may include:

• Failing to pay fines
• Skipping counseling sessions
• Facing an arrest for a new crime

When this happens, the judge may hold a probation violation hearing. At this hearing, the prosecutor only needs to prove the violation by a “preponderance of the evidence.” This standard is lower than beyond a reasonable doubt and is used in criminal cases. The court can impose the following actions if you are found liable for the violation:

• Reinstate probation with stricter conditions.
• Extend the length of probation.
• Require you to serve time in the county jail.

The outcome of the probation violation hearing varies depending on the severity of the violation.

Collateral Consequences of a Lewd Conduct Conviction in California

The consequences of a conviction for lewd conduct in California do not end when you serve your jail time and pay the fines. The criminal record it leaves creates lasting effects. They include:

Sex Offender Registration

One of the most serious consequences of a sex crime conviction is mandatory sex offender registration. Depending on the circumstances, you may be required to register for ten years or even for life. The sex offender registry in California is a public record. Therefore, law enforcement and occasionally the public will access your information. Sex offender registration restricts where you can live and work. It also places a lasting label that is difficult to remove.

Employment Problems

Most employers will background check potential employees before offering a job opportunity. A conviction for lewd conduct creates significant employment barriers. A sex-related conviction can lead to rejection. Your record may prevent you from securing jobs in education, health care, or government or positions involving vulnerable groups.

Housing Difficulties

Landlords often check criminal history before renting a unit. A lewd conduct conviction can make it difficult to secure housing. Many property managers view sex-related crimes as a safety risk. Some housing options may legally exclude registered offenders. Due to legal restrictions, these scenarios can force you to live far from schools, parks, or specific neighborhoods.

Immigration Consequences

A lewd conduct conviction can result in severe immigration problems. Some sex-related crimes count as crimes of moral turpitude. After a conviction, you could face adverse action like deportation, denial of reentry, or loss of lawful status.

Social Stigma and Strained Relationships

The social consequences of a conviction for lewd conduct are as harsh as the legal ones. A conviction can damage your reputation. Friends, coworkers, and neighbors may treat you differently, causing relationships to end. Parents convicted of lewd conduct may also face limits in custody or visitation disputes. The stigma can last years, even if the offense was a misdemeanor.

Professional Licensing Issues

Many professions in California require a state license. These professions include teaching, nursing, and real estate. A lewd conduct conviction can lead to denial, suspension, or revocation of a permit. Licensing boards treat sex-related offenses seriously. Losing your professional license can derail your career and impact your livelihood.

Legal Defenses Against Penal Code 647(a) Charges

Being accused of lewd conduct in California can be a frightening experience. The police often depend on police observations or public complaints to make an arrest. The good news is that you can defend against the charges. These are:

Lack of Sexual Intent

One key element the prosecution must prove to establish your liability for lewd conduct is your sexual intent. If your behavior was innocent or misinterpreted, you can avoid a conviction. Proving intent is often challenging for the prosecution; therefore, your attorney can present this defense.

No Public Setting

Touching your intimate parts for the sake of another person constitutes lewd conduct when you do it in a public setting. If an act occurs in a private home, a private room, or another setting where you expect privacy, you cannot be convicted of the offense. Your defense attorney can argue that the setting was private and not open to general view. Without the public element, the prosecution cannot secure a conviction.

Insufficient Evidence

The prosecution must establish all the elements of lewd conduct with certainty. Most lewd conduct cases rely on witness accounts or limited observations. Therefore, the prosecutor may lack enough evidence to meet this standard of proof. In this case, your attorney can argue that there is insufficient evidence.

Entrapment

Entrapment is “when law enforcement induces or coerces an otherwise willing individual to commit a crime”. This may happen in lewd conduct cases as well, with undercover police operations. The officer may feign interest in sexual activity and prompt the suspect to participate.

If you only acted because of police pressure, entrapment is a valid defense for your case. California law does not allow convictions when the idea for the crime came from law enforcement, not the defendant. The defense is relevant if your arrest happens after a sting operation where police use deceptive tactics.

Mistaken Identity

Lewd conduct cases often depend on witness observations and accounts. Mistaken identity is common in cases that rely on eyewitness reports. You may face false accusations because you resemble the actual perpetrator of the act. Poor lighting, crowded public spaces, or quick observations make mistakes likely.

Witnesses may believe they saw you commit the crime when it was another person. This defense becomes stronger with supporting evidence. Your attorney can provide an alibi showing that you were not in the area when the act occurred. Proving mistaken identity can lead to the complete dismissal of the case.

No Offended Person Present

To be convicted of lewd conduct, the prosecution must prove that another person must have been present and reasonably offended. The charges can’t lead to a conviction if no one saw the act. Sometimes undercover officers act offended. However, the law will consider the reaction of an average member. You could avoid a conviction if you show no offended person was present.

Violation of Constitutional Rights

The Constitution protects individuals from unlawful police action. You can petition the court to dismiss the evidence if officers violated rights during the investigation. Examples of violations include:

• Illegal searches
• Lack of probable cause
• Improper arrests

If the police entered a private space without a warrant or stopped someone without cause, you can contest the arrest. These are serious violations in the eyes of the courts, and as a result, prosecutors may be unable to use necessary evidence. An experienced attorney can examine the facts surrounding your arrest to determine if there were any constitutional violations.

Offenses Related to Lewd Conduct in California

Lewd conduct is charged as a misdemeanor. However, it can attract severe legal and collateral consequences. Also, you may face harsher penalties if the prosecution files charges for the following offenses alongside or instead of lewd conduct:

Disturbing the Peace

Disturbing the peace under Penal Code 415 is a common misdemeanor in California. The statute covers behavior that disrupts public order. It often involves fighting, loud noise, or offensive words. The broad definition allows police to charge many types of conduct.

Before a conviction for lewd conduct, the prosecution just needs to prove that you willfully disturbed another person through:

• Fighting or challenging someone to fight
• Blasting loud music or unreasonable noise meant to disturb others
• You used offensive words in public that may provoke violence.

Disturbing the peace is a misdemeanor punishable by up to 90 days in county jail and fines of up to $400. Occasionally, the court can offer probation and community service instead of incarceration. A conviction for the offense stays on your record, which can affect employment and licensing. If the act occurs on school grounds, penalties can be harsher.

Indecent Exposure

Penal Code 314 makes it illegal to expose your private parts in public. The statute protects others from offensive and sexual conduct. The prosecution can file charges for indecent exposure instead of lewd conduct if you can prove that you did not touch the exposed genitals. A conviction under OC 314 requires the prosecution to prove that: You willfully exposed your genitals. You exposed them in a public place or in the presence of someone else. You acted with the intent for sexual gratification or arousal. The penalties for indecent exposure include up to six months in county jail and fines of up to $1,000 for a first offense. If the exposure occurs near a minor, the penalties increase significantly.

Lewd Acts with a Minor – PC 288

A violation of Penal Code 288 is one of the most serious sex crimes in California. The statute makes it illegal to touch a child under 14 for sexual purposes. It also covers persuading a minor to touch themselves. If you engaged in lewd conduct with a child, the prosecution can file charges under PC 288 instead of PC 647(a). The prosecution must prove these elements to establish your liability under this statute:

• You willfully touched a child under 14.
• You acted with the intent to arouse yourself or the child sexually.

California law is strict on individuals who commit sex offenses against children. Therefore, a conviction under this statute is a felony punishable by up to 8 years in state prison. If you use force or duress, you will face a harsher sentence. The court will mandate your registration as a sex offender in addition to your incarceration.

Loitering

Under Penal Code 647(d), it is unlawful to linger in public with the intent to commit lewd conduct. The law makes it illegal to linger in or near a public restroom with the intent to commit a lewd act. The elements specific to the statute include:

• You loitered or remained in a restroom or nearby area without a lawful reason.
• You intended to solicit or engage in a lewd or unlawful act.

The penalties you will face after a conviction for loitering include up to six months in county jail and fines of up to $1,000. The court may also sentence you to probation and order counseling.

Peeping Tom Laws

Peeping Tom laws under Penal Code 647(i) and 647(j) make it illegal to watch or record others secretly. The statute covers looking into homes, bathrooms, and dressing rooms and using devices to record people.

The prosecution must prove you were loitering on private property to peek into windows or doors. It also covers secretly recording or photographing another person in private settings without consent. You must have acted with the intent to invade privacy, annoy, or gratify yourself sexually.

The penalties of a conviction for violating PC 647(i) and 647(j) include:

• Up to six months in jail
• Fines that do not exceed $1,000
• Misdemeanor probation

Find a Competent Sex Crimes Defense Lawyer Near Me

You will be arrested and charged with a crime under PC 647(a) when you touch your intimate parts or those of another person with a sexual intent. If the prosecution proves that the incident occurred in the presence of someone who could have been offended, you can be convicted.

The stakes are high for defendants facing charges for lewd conduct and other related sex crimes. In addition to spending time behind bars, a conviction can enter your record. A conviction for a sex crime can ruin your reputation and affect your professional life.

Fortunately, not all arrests under this statute result in a criminal conviction. With the guidance of a reliable lawyer, you can build a solid defense and beat the charges. At CCLG: Los Angeles Criminal Attorney, we offer expert legal insight for our clients facing charges for a sex crime in Los Angeles, CA. Call us today at 323-922-3418 to discuss the details of your case.