Arrested or Charged with Lewd Acts in Public (Penal Code 647(a)) in California?

If you or someone you know has been arrested or charged with lewd acts in public under California Penal Code § 647(a), it’s crucial to understand the nature of this offense, its potential consequences, and your legal options.

At David P. Shapiro Criminal Defense Attorneys, we defend individuals facing criminal charges, including those related to lewd conduct. Our experienced attorneys are here to guide you through this challenging time and protect your rights.

Lewd Acts in Public Charges in California

California Penal Code § 647(a) defines and penalizes lewd acts in public as a form of disorderly conduct. While some sexual behaviors between consenting adults are legal in private, engaging in or soliciting lewd acts in public spaces is a criminal offense in California.

Let’s break down the key elements of this law to build a comprehensive understanding of the charge.

Definition of Lewd Acts in Public

According to Penal Code § 647(a):

“An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in a public place or in a place open to the public or exposed to public view” is guilty of disorderly conduct, a misdemeanor.

To fully understand this law, we need to examine several key terms and concepts:

1. Lewd or Dissolute Conduct: This generally refers to touching one’s own or another person’s private parts for the purpose of sexual gratification.
2. Public Place: This includes any location that is open and accessible to the public, such as parks, beaches, streets, or parking lots.
3. Place Open to the Public: This can include businesses like restaurants, bars, or movie theaters.
4. Exposed to Public View: This could include private property that is visible to the public, such as a car parked on a public street or a home with uncovered windows.

It’s important to note that the law covers both engaging in lewd acts and soliciting others to engage in such acts. This means that even if no lewd act actually occurs, simply proposing or requesting such an act in public can be a violation of this law.

Elements of the Crime

For a person to be convicted of lewd acts in public under § 647(a), the prosecution must prove several elements beyond a reasonable doubt:

1. The defendant willfully engaged in or solicited someone else to engage in lewd or dissolute conduct.
2. The conduct occurred in a public place, a place open to the public, or a place exposed to public view.
3. The defendant knew or reasonably should have known that someone else who might be offended was present.
4. The defendant intended to direct public attention to their act for the purpose of sexual gratification or to offend others.

Let’s examine each of these elements in more detail:

Willful Engagement or Solicitation

The act must be done willfully, meaning intentionally or on purpose. Accidental exposure or unintentional actions typically do not qualify under this statute.

Public Nature of the Act

The law specifically targets conduct that occurs in public or could be seen by the public. This is what distinguishes this offense from legal sexual activities that occur in private.

Knowledge of Potential Observers

The defendant must have known or reasonably should have known that someone else was present who might be offended by the conduct. This element acknowledges that some level of awareness of potential observers is necessary for the act to be criminal.

Intent for Sexual Gratification or to Offend

This element distinguishes criminal lewd conduct from other non-sexual activities that might occur in public. The act must be done with the specific intent of either achieving sexual gratification or offending others.

Common Examples of Lewd Acts in Public

To better understand how this law is applied, let’s consider some common scenarios that might lead to charges under § 647(a):

1. Engaging in sexual activities in a parked car on a public street
2. Exposing oneself in a public park
3. Masturbating in view of others in a movie theater
4. Soliciting sexual acts from strangers in a public place
5. Fondling oneself or another person in a manner visible to the public

It’s important to note that these are just examples, and the specific circumstances of each case can greatly affect whether an act is considered a violation of § 647(a).

Penalties for Lewd Acts in Public

Violation of Penal Code § 647(a) is charged as a misdemeanor in California. The potential penalties include:

• Up to 6 months in county jail
• A fine of up to $1,000
• Summary (informal) probation

While these penalties may seem less severe than some other sex crimes, a conviction can still have significant consequences on a person’s life.

Sex Offender Registration

One of the most impactful potential consequences of a conviction for lewd acts in public is the possibility of being required to register as a sex offender. While registration is not automatic for violations of § 647(a), judges have the discretion to require it if they believe it’s warranted based on the circumstances of the case.

Being required to register as a sex offender can have far-reaching impacts on many aspects of a person’s life, including:

• Housing options: Many landlords refuse to rent to registered sex offenders
• Employment opportunities: Many employers conduct background checks
• Personal relationships: The stigma of being a registered sex offender can strain personal and family relationships
• Travel restrictions: Some jurisdictions have residency restrictions for sex offenders
• Community stigma: Registered sex offenders often face social ostracism

Given these serious potential consequences, it’s crucial to mount a strong defense against lewd acts in public charges.

Defenses to Lewd Acts in Public Charges

While charges under § 647(a) are serious, there are several potential defenses that an experienced attorney can explore:

Lack of Intent

One of the strongest defenses is demonstrating a lack of sexual or offensive intent. If the act was not meant to be sexual or to offend others, it may not meet the legal definition of lewd conduct.

Lack of Public Nature

If the act occurred in a truly private place not visible to the public, this could be a valid defense. This might apply, for example, if someone was in their own home with the curtains drawn.

Mistaken Identity

In some cases, the defendant may have been wrongly identified as the person who committed the act. This defense often involves challenging eyewitness testimony or presenting alibi evidence.

Lack of Knowledge of Observers

If the defendant genuinely had no reason to believe anyone else was present or could see the act, this could be a valid defense.

False Accusations

Unfortunately, false accusations do occur. An experienced attorney can investigate the circumstances surrounding the accusation and potentially expose false claims.

Constitutional Violations

If law enforcement violated the defendant’s constitutional rights during the investigation or arrest (such as conducting an illegal search), it may be possible to have certain evidence suppressed or even have the charges dismissed.

Hiring a San Diego Sex Crimes Attorney

If you’re arrested or charged with lewd acts in public, it’s crucial to seek legal representation immediately. Here’s why:

1. Protection of Your Rights: An experienced attorney can ensure that your constitutional rights are protected throughout the legal process.
2. Case Evaluation: A skilled lawyer can thoroughly review the evidence against you and identify potential weaknesses in the prosecution’s case.
3. Development of Defense Strategy: Based on the specifics of your case, your attorney can develop a robust defense strategy tailored to your situation.
4. Negotiation with Prosecutors: In some cases, it may be possible to negotiate with prosecutors for reduced charges or penalties.
5. Trial Representation: If your case goes to trial, you need a vigorous defense to challenge the prosecution’s evidence and present your side of the story.

How David P. Shapiro Criminal Defense Attorneys Can Help

At David P. Shapiro Criminal Defense Attorneys, we understand the gravity of lewd acts in public charges and the impact they can have on your life. Our experienced team of criminal defense attorneys is committed to providing strategic defense for our clients. Here’s how we can assist you:

1. Immediate Action: We understand the urgency of your situation and can take immediate action to protect your rights.
2. Thorough Case Evaluation: We’ll conduct a comprehensive review of your case, examining all evidence and identifying potential weaknesses in the prosecution’s case.
3. Customized Defense Strategy: Based on the specifics of your case, we’ll develop a tailored defense strategy aimed at achieving the best possible outcome.
4. Skilled Negotiation: When appropriate, we’ll negotiate with prosecutors to potentially reduce charges or penalties.
5. Vigorous Trial Representation: If your case goes to trial, we’ll provide vigorous representation, challenging the prosecution’s evidence and presenting your defense.
6. Support Throughout the Process: We understand how stressful this situation can be. Our team will support you throughout the legal process, keeping you informed and advising you on the best course of action at every stage.

Protect Your Rights and Your Future

Being charged with lewd acts in public in California is a serious matter that requires immediate action. However, an arrest or charge does not necessarily mean a conviction. With skilled legal representation, you can fight these charges and protect your rights and your future.

At David P. Shapiro Criminal Defense Attorneys, we have a deep understanding of California’s criminal laws and extensive experience defending clients against a wide range of charges, including lewd acts in public. We’re committed to providing our clients with the strongest possible defense, ensuring that their side of the story is heard and their rights are protected.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.