What Is Lewd Conduct?

California has laws outlawing lewd conduct, but what exactly is covered by these laws? First, all public sexual acts are not illegal nor considered lewd conduct. Based on California’s definitions, to commit a crime, you must know or at least should have known that there were others who would be offended by your actions.

Additionally, you can commit the crime of lewd conduct on your own or by touching another individual. While lewd conduct is a serious offense, it typically does not require you to register as a California sex offender.

Lewd or Dissolute Conduct

To convict you of the crime of lewd or dissolute conduct, a California prosecutor must prove that you:

• Touched someone’s private parts;
  • For the purpose of sexual gratification; or,
  • To annoy or offend another person;
• You were in a public place;
• Another individual who could have been offended was present;
• You knew or should have known others around would be offended by your action.

All the above elements must be proven by the prosecution. If they fail to show that even one of those factors applies, you will win your case and avoid conviction. California law also criminalizes soliciting lewd conduct. This merely means that it is also a crime to try and induce someone to commit a lewd act. Soliciting charges are often the result of police “sting” operations.

Notice that private sexual conduct cannot be charged as lewd conduct. But some areas you may consider private, such as a parked car, are considered in public for the purposes of the lewd conduct law.

What are Considered Private Parts?

The first part of the law only criminalizes touching private parts. First, for lewd conduct, the private parts can be either your own or those of another individual. The law defines private parts as:

• Genitals;
• Buttocks; or,
• Female breasts.

So, merely kissing is not considered lewd conduct unless your hands get involved. Additionally, your touch must be intended for sexual gratification or to offend or annoy. That means that accidentally touching is not lewd conduct.

What are the Penalties for Lewd Conduct?

You can face charges for committing lewd or dissolute conduct or soliciting lewd conduct. In California, both are charged as misdemeanors. If you are convicted of the crime of lewd conduct, you face up to six months in county jail and a $1,000 fine. Often, judges will order you to serve summary probation instead of sending you to jail.

On its own, a conviction for lewd conduct does not require you to register as a California sex offender. However, prosecutors often charge lewd conduct along with indecent exposure. Though this is a separate crime, indecent exposure can go hand in hand with lewd conduct. Crucially, indecent exposure is a conviction that would require you to register yourself as a sexual offender.

Because of the consequences of registering as a California sex offender, prosecutors often use the threat of an indecent exposure conviction to secure a plea bargain where you agree to only the lewd conduct charge. This coercive charging does not serve the interests of justice, and experienced criminal defense attorneys should push back against it.

Facing a lewd conduct charge in Santa Ana, California? Chambers Law Firm can help. Our team of skilled criminal defense attorneys can explain your best options. Just set up an obligation-free initial consultation by calling 714-760-4088 or emailing dchambers@clfca.com.