Lewd Conduct In Public

As mentioned earlier, the law defines lewd conduct as an act that goes against local moral standards. In essence, acts which are considered to be offensive are acts which are against the appropriate behavior. The California Penal Code section 647 addresses so much more than sexual activity in a public space. PC 647 defines a wide array of conducts that are considered illegal if performed in a public or private space. To have a better understanding of the different forms of lewd acts, the section below will break down the subsections found in Penal Code 647. Keep in mind that most of these crimes are charged as misdemeanors, however, if a child is involved, you may face more serious accusations which may implement harsher punishments and penalties.

It is a violation of PC 647 (a) to engage in inappropriate behavior within the eye of the public view for the purpose of achieving a sexual pleasure or for other mischievous purposes such as giving someone a hard time or attempting to offend bystanders. Sexual activity in a public place is not necessarily illegal, but it becomes a crime when others who are present are offended by the actions. Lewd conduct under PC 647 (a) includes public self-exposure of genitalia, flashing, groping, soliciting others to engage in a lewd act. In violation of subsection (a), the defendant may be sentenced to up to six months in jail and may be fined up to one-thousand dollars. For repeated offenses, such as a repeated self-exposure offense, the defendant may be charged with a felony. A felony for indecent exposure under PC 314 would require the defendant to register as a sex offender and may be sentenced to time in jail.

Penal (b) explains that it is a crime to engage or solicit for sexual favors in exchange for money or for ‘anything of value’. Prostitution is also charged as a misdemeanor which will result in a maximum of 6 months in jail and up to one-thousand dollars in fines. However, the penalties and punishments for ‘pimping’ or running a prostitution household much greater consequences that can be charged as a felony. In addition, if the sexual favors were extended to a child under the age of 18, the violator is subject to the punishments described in PC 288. A conviction under PC 288 lewd acts with a child, the violator may be charged with up to a lifetime in prison and fines that can range up to ten-thousand dollars. In cases involving children under the age of 18, the court will take into account a variety of factors before providing a final verdict. Whatever the case may be, interacting with a child for sexual purposes is a crime that is usually treated with a felony.

PC 647 (c) explains that it is illegal to go up to people in public places to ask for money or food. For example, it is illegal to stand outside a business complex and ask passersby for money or for other forms of alms.

Under PC 647 (d) it is illegal to loiter around public toilet places with the purpose of engaging in a lewd act.

PC 647 (e) explains that it is illegal for a person to lodge in another person's private property including a building, a private structure, a vehicle, and other places considered to be in control of someone else. Lodging in this instance defines the act of staying or sleeping in another person's property. Lodging is not illegal when there is consent from the owner or in the presence of an agreement. For example, it is illegal for homeless people to inhabit the space underneath a public building for the purpose of sleeping or staying for a period of time without the consent of the owner.

PC 647 (f) explains that it is illegal and considered a lewd act when a person is intoxicated in a public space. Under this section, it is a misdemeanor to obstruct the sidewalk and other venues that allow the free passage of people while under the influence of alcohol or any other type of drug or controlled substance.

PC 647 (g) explains that in violation of PC 647 (f), a peace officer (meaning a person employed by the state, county or municipality) may place the intoxicated person under civil custody. The person shall remain in protective custody for 72 hours where they must undergo a treatment and evaluation program. Upon completion of a 72-hour program, the subject may not be subject to criminal prosecution unless 1) the person was intoxicated with more than just alcohol, 2) the peace officer believes that the subject has committed a felony, 3) the peace officer believes you will attempt escape.

PC 647 (h) explains that it is illegal for a person to ‘loiter’ in a private or place of business without ‘visible or lawful’ reason to be there. The law describes that loitering is standing around a place ‘waiting’ for the perfect time to commit a crime.

PC 647 (i) explains that on top of loitering, it is illegal to loiter and peep into private property. Individuals who loiter without visible or lawful reason may be charged with additional penalties if they are found peeping into private property. In other cases, if you are loitering with the intent to spy or peep in on a child, the consequences can be greater. On top of a felony, you may be required to register as a sex offender which will limit your job and housing opportunities. 

PC 647 (j) adds to PC 647 (i) explaining that it is illegal to use instruments such as telescopes, camcorders, cameras, and other devices to peep into a bedroom, bathroom, changing room, or other spaces where a person may be doing something in the comfort of their privacy. In addition, it is illegal for the use of a camcorder or other recording devices to peep under clothing for self-gratification reasons. Under this subsection, it is also illegal to distribute any image or recording of a naked person without their consent or permission. For example, Tom is peeping through a window with a camcorder, he later distributes his findings to his friends. His friend reports Tom to the local law enforcement agency. Tom would be charged with a misdemeanor under PC 647 (j) for peeping into a window with a recording device and later distributing the findings to his friends.

PC 647 (k) explains that a court may suspend the right to operate a motor vehicle if and when the motor vehicle is present or used to commit a lewd act. If a vehicle is found within one-thousand feed of a private residence and the vehicle was used to transport the person to commit a lewd act, the right to operate a vehicle may be suspended for up to thirty days. However, under certain circumstances, a court may order a restriction meaning that the individual may only be capable of transporting themselves to work and school.

To learn more about the specific language found in Penal Code 647, you may visit the following page: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN

Certain types of conducts will constitute a felony. If you are a charged with a felony for self-exposure or for soliciting sexual favors in exchange for money, it is most likely because there was a child involved. Lewd conduct with a child may be charged under Penal Code 288 which mandates that the violator register for a period of time as a sex offender. As a rule of thumb, committing a lewd act around or with a child under the age of 18 will usually hold higher consequences than if the act was committed with or around another adult. Whatever the case may be, you do not want your rap sheet to reflect a crime for violating basic public behavioral principles.

To learn more about the sex offender registry, you may visit the following page: https://www.nsopw.gov/?AspxAutoDetectCookieSupport=1

Traditionally, lewd conduct refers to sexual acts such as indecent exposure and or groping oneself in front of others for the purpose of self-gratification or the purpose of disturbing others. If you are charged with a misdemeanor for lewd conduct, you may be charged with fines and a jail sentence. Furthermore, if you have committed a lewd act in the presence of a child or with a child, you may face more severe consequences. To learn about the specific factors of your case, it is crucial to discuss your situation with a local attorney.