Protecting the Rights of Individuals Accused of Lewd Acts or Lewd Acts with a Minor

Pursuant to the California Penal Code, a person can be arrested for committing a lewd act in public if he or she intentionally touches the genitals, buttocks, or female breast of another person (or of himself or herself). The person must also have done this act for purposes of sexual gratification or arousal – or in order to offend the other person.

At the time the incident occurred, the person must have been in a public place or some area that was exposed to public view. Finally, another person must have been present, and the defendant must have reasonably been aware that the other person might be offended by the conduct.

A conviction for any lewd act offense is likely to result in harsh criminal punishment, including time in jail and/or large monetary fines. Moreover, given the nature of these charges – especially when they involve minors – there is often a strong presumption of guilt among the general public. Consequently, if you are facing a lewd acts charge in the State of California, you need a strong team of lawyers defending you throughout your case.

The Sacramento criminal defense lawyers at The Law Offices of David S. Chesley fully appreciate the seriousness of a lewd acts charge. Our knowledgeable legal team has the skills necessary to bring your case to the best resolution possible. Call our office or contact us online today to schedule a free consultation with a criminal defense attorney in Sacramento.

Breaking Down a Lewd Acts in Public Charge

For the defendant to be charged with lewd acts in public, the defendant must have touched his or her own (or someone else’s) private areas to attain sexual gratification or arousal. The touching could also be for purposes of annoyance. For the prosecutor to prove guilt, he or she must demonstrate the defendant’s intent, which can be difficult to show in some cases.

Moreover, the lewd act must occur in some area that is open to the public or which is exposed to public view. In the State of California, the courts have adopted a broad interpretation to the meaning of “public place.” Public places may include a car which is parked on a public street, a hallway in an apartment building, a massage parlor, and the area behind a counter in a store.

Other locations, like a private hotel room, home, or a place of business which is closed to the public are not ordinarily public places. However, a crime may still be committed if these areas are exposed to public view (such as when the curtains or blinds are drawn).

To be convicted of committing a lewd act, there is also a requirement that the defendant is aware (or should be aware) that someone else is present who would likely be offended by the lewd conduct. In many cases, it is a valid defense if the defendant was under the reasonable belief that he or she could not be observed by anyone else and/or that anyone who viewed the activity would not be offended by it.

Potential Penalties for Committing a Lewd Act in Public

If you are convicted of committing a lewd act in public, there are several potential penalties which may apply. Technically speaking, in the State of California, lewd conduct is a misdemeanor crime. Upon conviction, the highest criminal sentence that a judge may impose is up to six months of incarceration in county jail, along with a $1,000 monetary fine. 

However, in many cases, sentencing judges will give the defendant a period of misdemeanor probation which carries little (or no) jail time with it. The conditions of probation in this context may include monetary fines, an HIV test, counseling, and a requirement that the defendant stay away from the area where the incident occurred.

It is important to keep in mind that in California, a lewd conduct conviction does not require that the defendant register himself or herself as a sex offender. However, in some cases, prosecutors will try and charge the lewd act together with indecent exposure. The latter crime does require that the defendant register as a sex offender. In some cases, the prosecutor will agree to a plea bargain and drop the more significant charge.

The experienced Sacramento criminal defense lawyers at The Law Offices of David S. Chesley may be able to help you negotiate a favorable plea deal and obtain a charge reduction on your behalf.

Sting Operations

In some instances, police officers set up sting operations. An undercover police officer, for example, may pretend to be a gay man “out on the prowl” who acts in a flirtatious manner in order to entice the other person to expose himself or commit a sexual act in public.

These types of police sting operations are common in public bathrooms (especially those in beach areas), shopping malls, gyms, alleys, and adult bookstores.

Defending against a Lewd Act Charge

If you have been arrested for committing a lewd act in public, you may be able to allege any one of the following defenses:

• That you did not touch yourself for the purpose of sexual arousal or gratification
• That you did not engage in the alleged behavior
• That, at the time of the incident, you did not believe anyone was present who could reasonably be offended by your act
• That a police officer or investigator entrapped you or enticed you into committing the crime

Lewd Acts with a Minor

Lewd acts with a minor is a separate criminal offense which is separate and distinct from committing a lewd act in public. This offense specifically criminalizes touching the body of a child for sexual purposes. It also covers acts of child molestation, which include touching a child’s sexual organ (or having the child touch the defendant’s sexual organ) – even when this touch occurs overtop the child’s clothing. There is no limitation on where a lewd act with a minor may occur.

In the State of California, lewd acts with a child is a felony offense. This means that the possible criminal sentence may include probation all the way up through a life sentence, for individuals who are repeat offenders. In determining the criminal sentence, judges often focus on a set of factors which include the age of the child, as well as the defendant’s history of prior offenses (if any).

Finally, a defendant who is convicted of committing a lewd act with a minor will have to register as a sex offender for the remainder of his or her life.

Call Us Today to Schedule a Free Case Evaluation with a Sacramento Lewd Acts Defense Attorney

If you have been charged or convicted of a lewd acts offense, you should waste no time in contacting a skilled lawyer to represent you. The criminal defense lawyers at The Law Offices of David S. Chesley can determine whether there is a valid basis for your charge and help you formulate the best possible defense to your charge. To schedule a free case evaluation with a lewd acts defense attorney in Sacramento, call us today or contact us online.