Lewd Conduct and Indecent Exposure
Being arrested for a sexual offense such as lewd conduct or indecent exposure can feel like a living nightmare. Will you lose your job? What will your family and friends think? Will you have to go to jail or register as a sex offender? No matter how many questions are swimming through your mind, it's important to remember not to talk about your case to anyone other than your attorney. It also makes a difference to learn as much as possible about your legal rights and options for defense.
Attorney Daniel E. Kann has extensive experience defending the rights of individuals facing serious lewd conduct or lewd acts charges throughout Ventura County and southern California. Dan has the legal skills and resources to handle cases in any court. With his successful track record, you can rest assured knowing that your case is being effectively resolved.
Serious Impact of Lewd Conduct Charges
Lewd conduct accounts for many actions that may be interpreted as unlawful. According to California Penal Code Section 647(a) or 647(b), lewd conduct is a form of disorderly conduct and can be considered as various kinds of sexual acts that occur in public places. An example of lewd conduct that could result in an arrest is having consensual sex in a public bathroom.
A person arrested for lewd conduct in Ventura may face a misdemeanor charge and if convicted, he or she won't have to register as a sex offender. Nevertheless, the repercussions are serious.
Lewd conduct is a complex criminal charge since the actions or mere suggestive actions range from soliciting another to engage in lewd conduct in any public or exposed place to lodging in a public or private building or establishment without receiving permission from the owner. Prostitution is also a type of lewd conduct charge and is aggressively pursued by law enforcement officers who arrange sting operations to arrest individuals whom they suspect are engaging in or will engage in lewd conduct with adults for money.
What is Indecent Exposure?
Indecent exposure is a sexual act that is committed on or toward another individual or with the intention of arousing the other individual. California Penal Code Section 314.1 states that a person may face charges for indecent exposure, which is a misdemeanor, if he or she is suspected of engaging in a sexual act, such as masturbating in a park. If convicted of indecent exposure, a person would be required to register as a sex offender for life pursuant to Penal Code Section 290.
If a person who is facing charges for indecent exposure has been charged with this crime in the past, he or she may face a felony charge for the second offense. As a wobbler, indecent exposure in California can result in a misdemeanor or felony charge.
When taking on an indecent exposure case, an experienced lawyer will first evaluate the case to ascertain whether or not there is an affirmative defense that would result in a finding of not guilty (acquittal) at jury trial. If there is not an affirmative defense, a skilled lawyer will typically try to negotiate an indecent exposure charge down to lewd conduct (Penal Code Section 647(a) or 647(b)). The reason for this is that under Penal Code Section 647(a) or 647(b), a person isn't required to register as a sex offender per Penal Code Section 290, which is a permanent registration requirement that causes several consequences (i.e. being listed in national databases available for public eyes on the Internet).
Lewd Acts in Comparison to Lewd Conduct
Lewd act on a child is defined under California Penal Code Section 288 as willfully committing any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under 14-years-old. The prosecution will try to prove that an individual had the intent of arousing, appealing to, or satisfying the lust, sexual desires, or passions of him or herself or the child. An individual may face three, six, or eight years in state prison in addition to registering as a sex offender if they're convicted of this serious felony.
One defense strategy to lewd act on a child would be to get the charge to be lowered to statutory rape in the instance that the two individuals knew each other and the sexual acts are theoretically consensual. Statutory rape doesn't require sex offender registration under Penal code Section 290.
Working Aggressively to Defend Your Rights
Although facing criminal charges for lewd conduct or lewd acts is overwhelming, never let intimidation make you admit to guilt or prevent you from contacting an aggressive defense attorney as soon as possible. Daniel E. Kann is committed to upholding justice, preserving your future, and protecting your reputation. To ensure that an effective defense is built on your behalf, call Ventura lewd conduct lawyer Dan Kann today for a free, confidential consultation.