Los Angeles Lewd Conduct Attorney
Lewd Conduct Information
Lewd conduct is a misdemeanor offense under California Penal Code § 647(a). To be convicted under this statute for soliciting lewd conduct, the prosecution must prove beyond a reasonable doubt (1) that you participated in conduct with another person involving the touching of private parts; (2) that the conduct occurred in a place where it could be seen in public; (3) that you participated in the conduct with the specific intent to arouse or satisfy a sexual desire, or to offend; (4) that you intended for the conduct to occur in a public place; and (5) you knew or should have known that someone present could be offended by the conduct.
To be convicted under this statute for engaging in lewd conduct, the prosecution must prove beyond a reasonable doubt only the first three elements of solicitation, (1) that you participated in conduct with another person involving the touching of private parts; (2) that the conduct occurred in a place where it could be seen in public; and (3) that you participated in the conduct with the specific intent to arouse or satisfy a sexual desire, or to offend.
Although the law does not require you to register as a sex offender if you are convicted of this offense, the Court can still order you to do so if it finds that you committed the offense out of sexual compulsion or for sexual gratification. Since registration as a sex offender is not automatic in these cases, it is very important that your attorney be able to present you in the best light in order to prevent you from having to register.
Prosecuting Lewd Conduct Charges
If a defendant has been charged with engaging in lewd conduct, the prosecutor has to prove that the defendant while in a public place, willfully engaged in touching another person's, genitals, buttocks or female breast with the specific intent to sexually arouse or gratify themselves or another individual, or for the purpose to annoy or offend another individual. There has to be another individual in the public place who could have been offended by their conduct.
If a defendant has been charged with soliciting lewd conduct, the prosecutor must prove that the defendant requested that another individual, who was is in a public place, engage in touching of genitals, butt or breast of a woman. They must also prove that the defendant sought to sexually gratify themselves or another individual, and that the third individual who was there might have been offended by their conduct.
Contact a Lewd Conduct Defense Attorney
Lewd conduct can only be charged as a misdemeanor crime. This means that the maximum sentence is one year in county jail. However, in some cases, the defendant may be requires to register as a sex offender. Outside of the legal penalties, there is also a lot of negative social stigma associated with this kind of a charge. Therefore, you need to do everything possible to avoid a conviction. The first step is to seek legal representation of the experienced sex crime lawyers at Eisner Gorin LLP. We have many years of defending lewd conduct crimes in Los Angeles. Our dedicated attorneys have over five decades experience defending individuals accused of crimes.
We treat our clients with the respect they deserve and give every case the attention it requires in order to attain the best possible results. We understand that facing lewd and lascivious conduct charges can be embarrassing and frustrating and we are sensitive when dealing with such charges. It is even possible that you'll never have to come to court for such a charge, since it is a misdemeanor. We can make all court appearances on your behalf. Do not hesitate to contact our offices to speak with a defense attorney for a comprehensive and discreet consultation.