Lewd Conduct PC 647(a)
If you have been charged with soliciting or engaging in lewd or lascivious behavior in the state of California, you'll want to act fast to preserve both your reputation and freedom. While only a misdemeanor under Penal Code 647(a), with a maximum jail sentence of one year, the stigma that comes with such a conviction can last a lifetime. And depending on the severity of the accusation, where it occurred and with whom it involved, you could be facing additional charges on top of the lewd conduct violation. Speaking with an experienced criminal defense lawyer who has defended individuals facing similar charges is the only way to effectively fight back.
The Law Offices of Daniel E. Kann have helped many people avoid the worst the courts have to offer. For years, attorney Daniel E. Kann and his team have defended individuals in similar circumstances and have built winning strategies around their trial experiences. Contact our firm to discover what rights and options you have available to you. The number is (888) 744-7730.
What Is Lewd Conduct?
On paper, the California Penal Code covering lewd behavior is fairly straight forward. It states that anyone could be charged if they actively "…solicit anyone to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view." However, in practice this definition has come to serve a wide variety of situations, activities and locations. While the law is generally applied to open air spaces, such as parks, public facilities and thorough-fares, it has also been questionably applied to less exposed locales, such as massage parlors, strip clubs and theaters. Because of this varied interpretation of the definition of "lewd" and "public" law enforcement officials and prosecutors have been known to overreach their jurisdictional and procedural boundaries.
What Must They Prove?
With this varied interpretation and wide open use of the law, comes a number of possible defensive postures an accused individual can take. In turn, the prosecution has their work cut out for them in proving the People's case. In order to fully and effectively prove without a shadow of a doubt that an individual is guilty of lewd conduct under California Penal Code 647(a), the prosecution must convince the court of the following:
- The defendant deliberately and knowingly engaged in the touching of his or her own genitals or private areas
- The defendant had the intent to sexually arouse themselves or gratify themselves or another person, or to annoy or offend another individual in that location
- At the time of the offense, the defendant was in a public location or space open to the public
- At the time of the offense, someone who could have been offended was in or around that location
- The defendant was fully aware that his or her behavior would be viewed as offensive by anyone in or around said location
Time To Act
Make no mistake - being charged with a sex crime is a serious offense in the state of California. The prosecution, as well as the public at large, have a dim view of such behavior and if convicted you could stand to lose far more than money and your temporary freedom. Your continued livelihood and good name are at stake. Do not waste time – contact The Law Offices of Daniel E. Kann to begin building your case. With our help, you stand a fighting chance against these accusations and the ramifications they bring. Our number is (888) 744-7730 - call now.