Arrested for Lewd Acts in Public (Penal Code § 647(a)) in California?

If you’ve been arrested for lewd conduct in public under California Penal Code § 647(a), you’re facing charges that could have lasting consequences for your reputation, employment opportunities, and personal life.

While this offense is classified as a misdemeanor, a conviction can still lead to jail time, substantial fines, and potentially even sex offender registration in some cases. Before making any statements to law enforcement or decisions about your case, it’s critical to understand the nature of these charges and your legal options.

What Constitutes a Lewd Act in Public Under PC 647(a)?

California Penal Code § 647(a) states that anyone “who solicits anyone to engage in or who engages in lewd or dissolute conduct in a public place or in a place open to the public or exposed to public view” is guilty of disorderly conduct, a misdemeanor.

For the prosecution to secure a conviction for lewd conduct in public, they must prove all of the following elements:

1. You willfully engaged in or solicited someone else to engage in touching your own or another person’s genitals, buttocks, or female breast
2. This conduct was done with the specific intent to sexually arouse or gratify yourself or another person, or to annoy or offend another person
3. The conduct occurred in a public place or a place open to the public view
4. At the time of the conduct, someone else who might have been offended was present
5. You knew or reasonably should have known that another person who might be offended was present

It’s important to note that all five elements must be present for a conviction. If any one element is missing, you cannot legally be found guilty of violating PC 647(a).

What Qualifies as a “Public Place”?

The definition of a “public place” under this statute is quite broad. It includes:

• Parks, beaches, and public streets
• Businesses open to the public such as restaurants, bars, and movie theaters
• Vehicles parked in public areas
• Areas visible from public spaces (such as through an uncovered window)
• Semi-private locations where the public is permitted (like a bathroom stall with gaps or a private booth in a business)

Even locations that might seem private, such as a parked car, can be considered “public” if the activity inside is visible to passersby.

Penalties for Lewd Conduct in Public

A conviction for lewd conduct in public under PC 647(a) carries the following potential penalties:

• Up to six months in county jail
• A fine of up to $1,000
• Summary (informal) probation for up to three years
• Court-ordered counseling
• Potential community service or work release program

While PC 647(a) itself doesn’t require mandatory sex offender registration under Penal Code § 290, the court does have discretion to require registration in certain cases if it determines the offense was committed as a result of sexual compulsion or for purposes of sexual gratification.

Collateral Consequences of a PC 647(a) Conviction

Beyond the formal legal penalties, a conviction for lewd conduct in public can have numerous other negative impacts on your life:

• Damage to your professional reputation and career prospects
• Loss of professional licenses or credentials
• Housing discrimination
• Social stigma
• Immigration consequences for non-citizens (it may be considered a crime of moral turpitude)
• Family law implications in custody or divorce proceedings

These collateral consequences often outlast the formal penalties and can affect your life for years to come, which is why mounting a strong defense is crucial.

Legal Defenses to Lewd Conduct Charges

A skilled criminal defense attorney can employ various strategies to defend against PC 647(a) charges. Some of the most common and effective defenses include:

Lack of Sexual Intent

If your actions weren’t sexually motivated but were misinterpreted, this undermines a key element of the crime. For example, adjusting uncomfortable clothing or urinating in public (though still potentially illegal as a separate offense) typically lacks the required sexual intent for a PC 647(a) violation.

No One Present Who Could Be Offended

If no one else was present who could have been offended by your actions, this is a valid defense. The law requires that someone who might be offended was actually present at the time of the alleged conduct.

You Didn’t Know Anyone Was Present

If you reasonably believed you were in a private location and had no knowledge that others could see you, this can be a defense, as the statute requires knowledge or reasonable knowledge that others were present.

Constitutional Violations

Your constitutional rights may have been violated during the investigation or arrest, such as:

• Fourth Amendment violations (illegal search or seizure)
• Entrapment by law enforcement
• Discriminatory enforcement

False Accusations

Unfortunately, false accusations of lewd conduct do occur, sometimes due to misunderstandings, personal vendettas, or overzealous enforcement. Your attorney can investigate the accuser’s credibility and motivations.

Insufficient Evidence

The prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence of any element, you cannot legally be convicted.

Common Scenarios in PC 647(a) Cases

Lewd conduct cases typically arise from several common scenarios:

Public Restroom Encounters

Law enforcement sometimes conducts sting operations in public restrooms where officers pose as interested parties and then arrest individuals for solicitation or engagement in lewd acts. These cases often involve complex issues of entrapment and privacy expectations.

Beach or Park Conduct

Sunbathing, changing clothes, or intimate contact at beaches or parks can sometimes lead to arrests under PC 647(a), even when individuals believe they are being discreet.

Vehicle-Related Incidents

Sexual activity in parked cars can result in lewd conduct charges if the activity is visible to passersby, even if the participants thought they were being private.

Nightlife and Entertainment Venues

Sexually suggestive dancing or physical contact in bars, clubs, or other entertainment venues can sometimes lead to lewd conduct charges, especially if alcohol is involved.

The Criminal Court Process for PC 647(a) Cases

Understanding the legal process helps you know what to expect:

1. Arrest and Booking: After arrest, you’ll be processed, photographed, fingerprinted, and typically released with a citation or after posting bail.
2. Arraignment: Your first court appearance where formal charges are presented and you enter an initial plea of guilty, not guilty, or no contest.
3. Pretrial Proceedings: Your attorney will investigate, file motions, and potentially negotiate with prosecutors for dismissal or reduction of charges.
4. Plea Bargaining: Many lewd conduct cases are resolved through plea bargaining, where you might plead to a lesser charge to avoid the more serious consequences.
5. Trial: If your case goes to trial, a judge or jury will determine whether the prosecution has proven each element of the offense beyond a reasonable doubt.
6. Sentencing: If convicted, the judge will impose penalties within the statutory guidelines.

What Most People Don’t Know About PC 647(a) Cases

There are several important aspects of lewd conduct cases that many people aren’t aware of:

• Private investigators often involved: Law enforcement frequently uses plainclothes officers or private investigators to monitor areas where lewd conduct is suspected.
• Intent is crucial: Simply being naked in public or engaging in non-sexual touching isn’t enough for a conviction; the prosecution must prove sexual intent.
• Negotiation possibilities: Many lewd conduct cases can be negotiated down to less stigmatizing offenses like disturbing the peace or trespassing.
• Inadvertent visibility: Even conduct in “private” locations can violate the law if it’s visible to the public, such as through uncovered windows.

How The Nieves Law Firm Can Help

If you’ve been charged with lewd conduct in public, The Nieves Law Firm can provide the skilled, discreet representation you need. Our approach to defending these sensitive cases includes:

• Conducting a thorough investigation to gather evidence supporting your defense
• Interviewing witnesses and analyzing police reports for inconsistencies
• Challenging the prosecution’s evidence regarding intent, presence of others, and public nature of the location
• Filing motions to suppress evidence obtained through illegal searches or other constitutional violations
• Negotiating with prosecutors for reduced charges or dismissal
• Preparing a strong defense for trial if necessary
• Handling your case with the utmost confidentiality and respect

We understand that many lewd conduct arrests stem from misunderstandings, overzealous enforcement, or momentary lapses in judgment rather than criminal intent. Our goal is to minimize the impact on your life and reputation while fighting for the best possible outcome.

Don’t face lewd conduct charges alone. Contact The Nieves Law Firm today for a confidential consultation. We’ll listen to your story without judgment and develop a strategy to protect your rights, reputation, and future.