There are many reasons no one wants to be charged with lewd and lascivious conduct. As is true of being accused of any sex crime, there are people who will assume you are guilty just because you were charged. As an added complication, many people are not clear on what this charge even means. Keep reading to get the facts and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
What is Lewd and Lascivious Conduct?
The legal definition is committing a sexual act that is offensive to “community standards” of decency. In many cases, it will involve a child. Penetration does not have to occur for a person to be guilty of lewd and lascivious conduct. This is a type of sex crime that is often charged as a felony. For example, if a person over the age of 18 groped a minor, this could be charged as lewd and lascivious conduct.
Age Matters
It is a requirement that the actions involved in lewd and lascivious conduct be sexual in nature and designed to arouse. Whether they arouse or not is inconsequential. California considers that this is applicable only if the alleged victim is under the age of 14, or is 14 or 15 and the defendant is at least ten years older than they are.
Potential Penalties for a Conviction of Lewd and Lascivious Behavior
If a person is convicted of this crime, they are going to face severe consequences. These are almost always felony charges. The specific sentence and other penalties will depend on the age of the alleged victim, the specific acts involved, the criminal background of the defendant, and whether or not force was present.
If the victim was 14 or 15 and the defendant was at least a decade older, then this is a wobbler offense, which means the prosecutor can decide if they want to charge it as a misdemeanor or felony. A misdemeanor conviction can result in up to a year in jail. If the alleged victim was under the age of 14 and was seriously injured, then the defendant can face life in prison.
A Conviction of Lewd and Lascivious Conduct Generally Requires Registering as a Sex Offender
If a person is convicted of this charge, they will generally be required to register as a sex offender. This is required under California’s Megan’s Law, which requires that a first-time offender registers for 20 years. If they are convicted again, then they will have to register for the rest of their lives. There are some post-conviction relief options that can relieve this requirement.
If you have been charged with any type of sex crime, you need an attorney who can fight for you. You need an attorney who will be on your side from day one. You need Chambers Law Firm. Call 714-760-4088 now to request a free legal consultation.
