The law in California prohibits a person from engaging in lascivious or lewd acts. The acts can take place in public or private places where the public can view them. You commit a lewd act when you act in a way meant to arouse sexual desire or libido for you or another person. Common lewd acts include pornography, prostitution, and incident exposure.
Once you commit the acts, you may face a possibility of a damaged reputation, jail time, loss of familial relationship after the conviction, or loss of employment. That’s why you want to seek legal help from an aggressive criminal defense attorney to help you avoid facing terrible penalties.
At California Criminal Lawyer Group, we are here to help you When law enforcement officers charge you with lewd acts in Santa Ana. Do not hesitate to schedule a free and confidential consultation with our defense attorneys. After contacting us, we will take you through the court process and the law on lewd acts. Our main goal is to develop a strong defense strategy to protect your rights.
The Legal Meaning of Lewd Acts in California?
Lewd acts include any behavior which is sexual, and the law considers it indecent, disgusting, or stunning to the normal person. The crime is outlined under California PC 647a. Examples of lewd acts in California are:
- Public urination
- Publicly exposing your genitalia is commonly referred to as indecent exposure
- Watching pornography in public
- Conducting prostitution
- Making vulgar calls in public
Before the judge or the court convicts you for violating PC 647a, the prosecutor must prove all the elements of the crime. What are the elements of lewd acts in California? Below is an explanation of these elements of lewd acts.
The Intent to Sexually Arouse or Annoy
The statute does not discuss intent. But it prohibits you from engaging in lewd or dissolute acts in public. According to the court, you are not guilty of committing lewd acts when you do not have the intent to commit the crime. For example, you are playing soccer and remember you had a prior engagement. Then you decide to use the public bathroom to avoid arriving at your meeting late. As you bathe, you decide to clean your genitalia.
However, an undercover officer finds you and thinks you are masturbating in public. Since you had no intent to arouse or annoy another person sexually, you cannot face conviction for lewd acts. Note that you have to establish believable and innocent reasons for doing so. The prosecutor has the difficult task of convincing the court your actions were unlawful.
Public Location
The prosecutor is responsible for proving you committed the lewd acts in public. In California, the law considers the following as public places:
- A communal hall
- A car parked along public roads
- A movie booth
- A message store
Remember, places like your house/home, closed business structures, and hotel rooms do not qualify as public locations since they have privacy for the people involved. Although the law considers the places private, during the commission of the acts, the curtain should remain shut. The acts can become a criminal activity when the public can view you committing the crime in private buildings.
Involvement of a Third Party
If during the commission of the offense there is a third party, and they are offended by your acts, the law considers the act illegal. So, if you are aware of the third party and proceed to commit the crime, you face conviction for lewd acts.
Under California PC 647a, the main aim of the statute is to protect the public from the offensive nature of the behavior. But when the act occurs in an open place without people to see, the law is not bothered with the act.
Sentencing, Punishment, and Penalties for Violating PC 647a
In California, a violation of PC 647a attracts a misdemeanor charge. The offense can attract a fine of up to $1000. Also, as the defendant, you can face a county jail term of six months. Speak with your attorney immediately if you face the charge of lewd acts. The attorney will help you learn more about the potential penalties for the crime.
Court Options During Sentencing
When you face charges for lewd acts, the court will consider several factors to determine your case. Therefore based on the nature of your case, the court may decide to do any of the following:
- Inflict jail term for six months, inflict fines or a probation
- Inflict a fine but do away with the jail sentence
- Place you under supervised probation and community service
Probation Term
When the court places you under probation, you want to adhere to the terms and conditions of the probation. Doing so will avoid further penalties associated with violating the terms of the probation. Remember, a misdemeanor conviction attracts summary or informal probation for at least three years. The following are the possible terms of the probation:
- A HIV & AIDs test
- Counseling
- Paying court fees and fines
- Not violating any law
- Use your legal names at all times
- Staying away from certain people
- Disclose the terms and conditions of your probation once asked by a law enforcement officer
Note the judge may impose the above terms or come up with other terms to follow during your probation. Again, violating one of the above terms will attract additional penalties and punishments. Therefore, a slight mistake you make during probation can affect your future life whenever you want to consult your attorney.
What to Do When You Face PC 647a Allegations?
The arresting officers can be accused of violating PC 467a and issue you a citation to show up at the court of law. In other cases, the police can arrest you, take you to the detention facility and conduct a booking process. During the booking process, they will conduct a background check, confiscate any item, and record your full name, among other activities.
In both cases, contacting a criminal defense attorney is a good idea. The attorney should contact the District Attorney and request not to file your case. Since the crime is a misdemeanor in California, your attorney can represent you in court.
Do You Require the Legal Services of an Attorney?
Your best chance to protect your rights and fight the charge depends on your good representation against the prosecutor. Your criminal defense attorney understands the benefits of early intervention and how it can change your case's outcome.
Since the charges are misdemeanors, your criminal defense attorney may represent you at the criminal court, allowing you to continue your normal duties. Also, the attorney will have the opportunity to inspect the place of the crime and gather evidence of what happened. The attorney will also investigate the credibility of the evidence provided before the judge. Once they establish any weakness, the attorney may request the court to dismiss the case.
Sting Operation for Lewd Acts
Many undercover law enforcement officers conduct undercover operations to arrest the perpetrators. For example, the officer may act like a gay. They may walk into a public bathroom and wait for a gay to come. Remember, the law enforcement officer is not in their uniforms. Then he keeps eye contact to seduce the other person. He does all this to flush the person to expose and agree to sexual contact. When the other person agrees, the law enforcement officer immediately arrests her.
Again law enforcement officers can place camera surveillance in public places. So, when the officers see you doing a lewd act through the camera, they can arrest you. But you might have a valid excuse for the above examples if you strongly believe you had no intent to commit the offense or there was no third party to be offended by your acts.
Registration as a Sex Offender
Any sex offense requires you to register as a sex offender. What is registration as a sex offender in California? Under California PC 290, the law requires you to disclose wherever you move for the rest of your life unless the court grants you a legal relief. Once registered as a sex offender, your life becomes restricted. For example, your residence's community can view you as a sex offender on the list.
Your reputation becomes questionable to the community. Also, registration as a sex offender may affect your job and require you to stay away from public places like parks and schools. So, registration becomes a barrier to the quality of your life, not your entire life. That’s why you want to seek legal help from an aggressive attorney to help you fight the charge early before it leads you to register as a sex offender. Consider working with our attorney to help you understand the available options for your case.
What are the Legal Strategies to Fight a Lewd Act Charge?
Although the penalties associated with lewd acts are severe, you stand a chance to fight the charge. With your experienced criminal defense attorney, you can employ different defenses to help you fight your charges. The attorney can use the defenses discussed below to fight your charges.
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Lack of Intent
One of the key elements of lewd acts the prosecutor must prove is you planned to involve in the act in an annoying, sexually arousing, and offensive way. So, if you did not plan to do so, your attorney can argue you lacked the intent to commit the crime.
For example, you spend your time swimming and decide to visit your spouse later. Due to time, you find it challenging to rush home before meeting your spouse. So, you decide to change your clothes in your car parked in the parking lot. Unfortunately, a child a few miles sees you. Then they assume you are in the process of masturbation and call arresting officers. You can use this defense to fight the charge if this is your case.
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Police Entrapment
In rare cases, the law enforcement officers may lure you to touching your genitals, proposing a sexual encounter,s or pulling down your pants. Therefore when the police lured you into committing the crime, you want to discuss the matter with your criminal defense attorney. The attorney can employ this defense to fight the charge. Remember, if this is your case, it implies you did not have the intent to commit the offense. Also, you did not know about the presence of a third party.
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You Did not Perform the Act in Public Location
Note the sexual act taking place on private property is not a criminal offense unless the entire public can see it. So, it is not a lewd act to commit sexual activities in private structures like your home or hotel room, among other private places. Therefore, your attorney can argue you committed the act in your locked house, and no third party could see your actions. By doing so, the court considers dropping your charges.
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False Accusations
If you did not perform the alleged crime, then you are not guilty of the crime. Remember, the prosecutor must prove that the law enforcement officers found you committing the act or observed you through the camera surveillance system.
Also, your criminal defense attorney may argue no one witnessed you perform the crime. For example, if you committed the act in a bush where you believed no one could observe you doing the act, then you have a valid defense to fight the charge.
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You Believed no Person Could See You
Before the court convicts you with the violation of PC 467a, the prosecutor must prove the existence of a third party. A third party's presence is essential to making the act public. But when the case occurs in a public place without a third party, you are innocent of the charge of lewd acts. Also, if you strongly believe there was no third party watching you, you are free from the charges for the crime.
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The Touching was Accidental
The prosecutor must demonstrate you performed the crime with sexual arousal, gratification, or annoyance. If the touching was accidental, your criminal defense attorney could use this defense to fight the charge. For instance, the act is not willful if you had a simple brush on the victim's buttock or breast. Another example may occur when you decide to change your clothes in your vehicle. During the event, someone observed you from a distance and assumed you were committing masturbation. In case the law enforcement officers arrive and arrest you over lewd acts, you can employ this defense to fight the charge.
Crimes Charged Alongside PC 647(a) in California
When charged with a violation of PC 647a, you might face other charges in addition to the charges for lewd acts. Also, instead of facing charges for the lewd acts, the criminal court judge may decide to reduce your charge to another less severe charge.
Lewd Acts with a Minor – PC 288a
In California, you commit lewd acts against a minor when you engage in behavior with the intent to cause sexual arousal, passion, or sexual desire against a person below 14 years. But before you face the conviction, the prosecutor must prove the elements of the crime. The following are the elements of lewd acts with a minor in California.
- During the commission of the crime, the child was below 14 years
- You had the intent to touch the minor. The touch might either be through bare hands or a cloth.
- You carried the act with the intent to cause sexual arousal, passion, or sexual desires.
The Legal Penalties
Under PC 288a, the law considers the crime a misdemeanor. So the prosecutor can file it as either a misdemeanor or a felony. The court, however, considers the situation surrounding the case and the minor's age when the alleged crime happened. When filed as a felony, the penalties include:
- County jail for at least 12 months
- State imprisonment for eight years
- Strike under the three strikes law
When a misdemeanor, you face a county jail for 12 months and serve a probation term. But when the child is above 14 years and below 18 years, the prosecutor can file the case under PC 262.5. instead, you face charges for statutory rape.
The Legal Defenses
In California, it is common to see accusations of lewd acts with a minor. The allegations may greatly affect your reputation and career. Not every crime is different, and the prosecutors are always aggressive in pursuing the cases. But you can fight the charges through the legal help of a well-trained and experienced criminal defense attorney. The attorney can use the following defenses:
- The touching was accidental.
- You had no intent to commit the crime.
- False accusations.
Loitering in an Open Public Toilet to Commit Lewd Acts – California PC 647 d
The PC 647, subsection ‘d’ is a specific crime. It is against the law to loiter in an open public toilet with the intent to commit lascivious, illegal, or lewd acts. But the law does not mean you cannot freely hang around the public washrooms lawfully. So, you only commit the crime when your intentions are clear to commit the lewd acts.
Violation of PC 467d is a misdemeanor in California. The penalties for the crime are similar to the penalties for violation of PC 647a, as discussed above. Also, the offense's legal defenses are similar to those for lewd acts.
Trespass – California PC 602
Under California pc 602, trespass involves a wide range of activities. However, the most common forms of trespass include:
- You refuse or fail to leave a private structure after being asked to leave
- You enter someone's building without their consent
- You enter a restricted or closed land
- Entering someone's property with the intent to disrupt their business
The lawful meaning of trespass is always complicated. But for the court to convict you with trespass, the prosecutor must prove the elements of the crime. The common and legal elements of trespass are:
- You willfully remained or entered a land or property
- You did not have the owner's consent
- You had the intent to disrupt the owner's business
The Legal Penalties
In California, trespass is a misdemeanor. When convicted of the crime, the penalties include county jail for six months and a fine not exceeding $1,000. Since the offense is a misdemeanor, the prosecutor may file the case as either misdemeanor or felony. The judge considers your criminal record and the nature of the offense to decide whether to place a felony or misdemeanor charge. When a felony, you remain behind bars for up to 3 years or pay a fine of $10,000.
The legal Defenses for Trespass
Since the crime may carry heavy fines and extensive jail terms, you want to react quickly after your arrest. Seeking legal help is highly recommended. The attorney will develop strong defenses to help you fight the charges. The attorney may argue:
- You are subject to false accusations
- You did not have the intent to threaten the house owners
- You did not cause fear or threat to the victim
Disturbing Peace – California PC 415
Your criminal defense attorney may request the court to reduce your charges for lewd acts to California PC 415, disturbing the peace. According to the statute, it is illegal to:
- Fight someone in general public
- Use offensive language or words while in public
- Make unnecessary noises to disturb the neighbors
Like trespass, disturbing the peace attracts less severe consequences compared to the charge for lewd acts. The court considers PC 415 an infraction with no criminal record. Therefore ensure you work throughout the legal process with your attorney to help you determine the best option for your case.
Contact a Criminal Defense Attorney Near Me
Fighting for your freedom, rights, and future lives starts with the criminal defense attorney you decide to work with. Seeking a well-skilled and experienced criminal defense attorney in Santa Ana is highly recommended for the best outcomes of your case. We know and have in-depth knowledge of the California court system and laws at California Criminal Lawyer Group.
Our attorneys employ strong defenses to ensure the court dismisses your charge or you obtain a reduced charge. We know the charge might take place anytime, and that’s why our law firm is available for 24/7 services. First, we will discuss the law and ensure you understand then guide you throughout the legal process. Start by contacting us today at 714-844-4151, and we will help you fight the charge.