In California, lewd activities are illegal to perform in public. It is also a crime to solicit lewd conduct in public. However, it is fundamentally illegal to engage in sexual activity in public. In fact, it is only illegal if you know – or should reasonably know – that there is another person present who is likely to be offended if they see the act. The prosecution's case will rest on whether there is a likelihood that a third person is present while you perform such acts, not whether there is merely a possibility they might be.
As such, if you or someone you know has been charged with violating this prohibition, you need a strong defense. Contact Sigal Law Group today for a free consultation.
What is Lewd Conduct in California?
Any conduct performed in public can be considered “lewd conduct” if it involves:
· Asking for or engaging in,
· Lewd or dissolute conduct,
· In a public place or in a place that is open to the public or exposed to public view.
If you are arrested for lewd conduct, the prosecution must prove:
· That you purposefully touched your own genitals, buttocks, or breasts or touched someone else's,
· You did this intentionally to sexually arouse or gratify yourself or another person, or to annoy or offend another person,
· You did this in a public place, a place open to the public, or in a place where the public could see you,
· Another person who may have been offended was present, and
· You knew or reasonably should have known that they were present.
Moreover, the prosecution must prove these elements beyond a reasonable doubt. Basically, they must be able to put forth enough evidence to show that a reasonable person would be convinced, based on such evidence, of the defendant's guilt. This is the highest standard of proof in criminal cases.
Defend Against Lewd Conduct Charges in California
When you are accused of lewd conduct in California, it is incredibly important to build a defense that addresses several elements of the law. The Sigal Law Group will create a strategic defense that pokes holes in the prosecution's evidence, ensuring they are unable to meet their burden of proof. Contact Sigal Law Group today for a free consultation.
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