Lewd Acts in Public Place
Under California Penal Code section 647(a), it is a misdemeanor to “solicit anyone to engage in or to engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” A conviction for such an offense carries a maximum penalty of up to five (5) years of misdemeanor probation, up to one (1) year in the county jail, and fines.
This charge can obviously cover a broad range of potential conduct. However, it is generally applied when charging and prosecuting homosexual men for propositioning one another to or for having oral or anal sex, masturbating, and/or touching another sexually in a public environment. WILL & WILL, LLP’s sex crimes defense attorneys made up of former prosecutors and career defense attorneys know that police agencies will often set up task forces for the purpose of conducting sting operations targeted at accusing and apprehending people they believe are engaging in “lewd conduct.” These task forces are usually comprised of officers from different units and often different agencies in the county, such as vice, narcotics, etc…. Commonly, when a sting operation is carried out, one of two things happens: either (a) an undercover male officer will pose as a gay man just “hanging out” (generally near or in a bathroom at a public park) and tries to get another man to go off somewhere and agree to engage in a sexual act with him, or (b) undercover officers will target adult bookstores and walk through them to peer into the video booths to see what, if anything, is going on in them. If the officers see something they believe rises to the level of “lewd conduct”, or if they get someone to agree to do something that would constitute “lewd conduct”, they place you under arrest.
If you have been arrested and accused of engaging in a form of “lewd conduct,” it is important to retain the sex crimes defense services of WILL & WILL, LLP. We know how these things go. Often times, when our clients finally get to read the actual police report in their case, they will tell us that things that they said were twisted around in the report, or that the report has discrepancies and/or untruths in it. The way that you recall things occurring isn’t always the way they are presented in a police report. You need the sex crimes defense attorneys at WILL & WILL, LLP to challenge them. You also need an attorney that understands that these situations tend to involve very sensitive issues for most people. We know that this can be an embarrassing situation to be in. Frequently, our clients come to us before they tell anyone else what has happened - including their significant others, friends, family, and employers. Whatever you discuss with your sex crimes defense lawyer at WILL & WILL, LLP is fully privileged and confidential information. We will use the utmost discretion in representing you and will not reveal facts about your case to anyone that you have not given us permission to speak with. As with all misdemeanor cases, your WILL & WILL, LLP sex crimes defense attorney can generally handle all court appearances without you being present in court.
At WILL & WILL, LLP, our sex crimes defense lawyers are former prosecutors and career defense attorneys who have a great deal of knowledge and experience with various sex crimes offenses. We have been very successful at fighting these types of cases. Often times we have been able to get cases reduced to lesser, non-sex-related infraction or misdemeanor offenses (ex. trespassing, disturbing the peace), and often even dismissed, depending on the facts of each individual case. If you have been arrested or charged with lewd conduct or lewd acts, call the sex crimes defense firm of WILL & WILL, LLP or fill out our online contact form for a free consultation today.
