Lewd Conduct Defense

Defense Against Lewd Conduct Charges & Penalties

Oakland Sex Crimes Defense Lawyers

Homosexuals in California have long endured persecution from state law enforcement officials. One of the biggest threats, however, involves undercover sting operations designed to bait gay men and women into engaging in sexual behavior in public. When you masturbate, expose your genitals, or propose a sexual act, you could be arrested and charged with soliciting or engaging in lewd or lascivious behavior.

California Penal Code 647 addresses the crime of lewd conduct and states that anyone who touches or stimulates his or her genitals in public for the purpose of sexual gratification or to annoy someone else is guilty of lewd conduct.

In general, this law seems to attack homosexual and heterosexual couples who may get a little "hot and heavy" in a public place. While having sex in public is not necessarily a crime, if you had reasonable knowledge that others would be offended by your conduct, then you could be found guilty of lewd conduct.

Penalties for Lewd Conduct in Public in California

While lewd conduct convictions are considered misdemeanors, they are typically charged in conjunction with other more serious crimes, such as indecent exposure, prostitution, or sexual assault.

If you are convicted of lewd conduct in public, you face the following penalties and consequences:

  • Misdemeanor offense
  • Up to 6 months in county jail
  • Fines up to $1,000

Defenses Against Lewd Conduct in Public

There are many defenses your lawyer can employ to have the charges of lewd conduct dismissed. First and foremost, if your arrest was part of a sting operation, your lawyer could raise the question of entrapment. Undercover police officers embellish and lie about events all the time, so an experienced Oakland sex crimes defense lawyer will investigate closely to expose any entrapment or police misconduct.

If you made reasonable attempts to be in a discrete area, such as behind bushes or in the backseat of a car, then you were not in a public place and thus, not trying to offend another person. Also, if you did touch your genitals, but prosecutors cannot prove that it was for sexual gratification, then you cannot be convicted of lewd conduct.

Lewd or Lascivious Acts with a Minor

If you are facing charges of lewd or lascivious acts with a minor, there is no time to delay. These are extremely serious charges and are not taken lightly by law enforcement officials or prosecutors.

In order for you to be convicted of committing a lewd and lascivious act with a minor, the prosecution must prove:

  • You willfully and lewdly touched a part of the child's body or caused the child to touch your body, and
  • You did so with the intent to arouse yourself or the child, and
  • The child was under the age of 14 at the time of the incident.

If this behavior continued more than 3x within a 3-month period of time, then you could be charged with continuous sexual abuse of a child.

If you are convicted of lewd and lascivious acts on a child, then you face the following penalties and consequences:

  • Up to 8 years in California State Prison
  • Up to $10,000 fines
  • Up to 10 years in California State Prison if you used fear or force
  • Ineligible for probation
  • Mandatory registration as a sex offender

Call the Law Office of Nabiel C. Ahmed for a Free Consultation

Lewd and lascivious conduct charges are very serious and require the skills and experience of a veteran Oakland sex crimes defense lawyer. Call (510) 907-6600 or send an e-mail to learn how Attorney Ahmed’s team can fight for you. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas!

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