To prove lewd conduct, the prosecution needs to demonstrate that the defendant intentionally engaged in sexual or sexually suggestive behavior in a public setting with the intent to arouse or gratify while someone present was offended or could reasonably be offended. A lawyer can help you fight these accusations and challenge the evidence against you.
Sacramento Lewd Conduct Lawyer
Sacramento Lewd Conduct Attorney
Being charged with lewd conduct in Sacramento requires you to understand the legal system and hire an experienced lawyer to navigate your case. Lewd conduct charges typically fall under misdemeanors, yet they may produce serious repercussions for both your private life and career. A Sacramento lewd conduct lawyer can help you fight for your rights and the greatest possible outcome.
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The decision to partner with Tully & Weiss means joining forces with a team that delivers aggressive defense strategies and extensive trial experience while demonstrating an unyielding dedication to justice. Joseph Tully directs our firm and holds a California State Bar Certification in Criminal Law and an exceptional legal analysis reputation, to successfully handle complex legal battles against strong prosecutors and doubtful juries.
Our legal team members have appeared as legal professionals on Court TV, demonstrating their comprehensive knowledge of the legal system. Our offices extend throughout all 58 California counties with a Sacramento presence and deliver 24/7 statewide legal protection for your rights and future. Tully & Weiss operates under the principle of always finding a defense while committing to deliver top-tier legal representation that meets your expectations.
We are available 24/7 and can quickly meet you in jail or at your location. Start your defense on the right track from the very first step.
Understanding Lewd Conduct in Sacramento, CA
According to California Penal Code §647(a), the law describes lewd conduct as performing lewd or dissolute acts in a public setting or any area where the public can see. The behavior consists of touching private areas like genitals or breasts to achieve sexual satisfaction while someone who could take offense is present.
A variety of actions that might seem minor or misunderstood can lead to criminal prosecution through charges of lewd conduct. Real-world examples help individuals understand which actions are deemed unlawful, such as:
- Participating in sexual acts in a parked car. Both parties can face lewd conduct charges if a passerby or law enforcement officer determines their behavior was visible to the public, regardless of their belief that they were in private.
- Touching or groping in public. Engaging in genital contact with another person at social events such as bars or outdoor gatherings becomes lewd behavior when others can observe it, even if both parties consent. The act becomes criminal based on how visible it is to the public and its potential to offend onlookers.
- Nudity in open spaces, such as a park or beach. California law does not automatically consider nudity as lewd behavior unless it includes sexually suggestive actions like masturbation or simulated sex, which can constitute a criminal offense.
In 2023, there were 1,284 felony lewd or lascivious arrests in California. One thousand two hundred forty-seven were male, and 37 were female. In the same year, there were 868 misdemeanor lewd conduct arrests, with 632 being male and 232 being female.
Potential Penalties for Lewd Conduct
Lewd conduct charges bring heavy penalties. The consequences for public decency offenses often surpass jail time or fines as they create extensive legal, personal, and professional consequences, particularly in places like Sacramento, where authorities enforce the laws strictly. Some of these penalties include:
- Jail time. People who are convicted of lewd conduct may end up serving time in county jail. First-time offenders are more likely to get a reduced sentence, but repeat offenders, or those committing acts near children or resisting arrest, will receive longer prison terms or face stricter plea deals.
- Fines. When convicted individuals receive penalties, they must pay fines separate from court fees and other administrative charges. The total financial burden can rise sharply when probation or required classes become part of the sentence.
- Probation. Instead of jail time, some offenders may be required to complete probation. Some of these specific terms include mandatory counseling, avoiding the location where the offense occurred, and being instructed not to commit any additional crimes.
Additional penalties may be imposed if the lewd act was committed in conjunction with other crimes, such as sex offender registry, protective orders, and mandatory HIV testing. A conviction can seriously impact a person’s immigration status if they are not a United States citizen. Additionally, these convictions can put a person’s professional and personal reputations in jeopardy.
FAQs
Is Lewd Conduct a Felony or Misdemeanor?
In California, lewd conduct offenses usually result in misdemeanor charges. The charge does not always reach a felony level but can result in incarceration and monetary penalties, as well as probation and reputational damage. When coupled with factors like minor involvement or repeated offenses, this crime can be joined with serious offenses, which heighten penalties and complicate legal proceedings such as plea bargaining and sentencing.
What Constitutes Disorderly Conduct in California?
The California Penal Code §647 defines disorderly conduct as public behaviors, including lewd acts, public intoxication, loitering, solicitation, and panhandling. Any activity that disrupts public peace while endangering public morals and creates safety issues in public spaces falls under this definition. Separate subsections focus exclusively on disruptive and offensive public behaviors.
What Is an Example of Lewd Conduct?
An example of lewd conduct includes an individual masturbating in a public restroom, which others may enter and see. The visible and sexually explicit nature of the act and its potential to offend the public support Penal Code §647(a) charges even when the individual thought the area was private. It’s important to note that even if the behavior is consensual between individuals, it can still count as lewd conduct if passersby observe and are offended by the behavior.
Sacramento Lewd Conduct Lawyer
Get the knowledgeable defense you require if you are facing lewd conduct accusations in Sacramento. Don’t go through the court system alone. In Sacramento Superior Court and elsewhere, our lawyers are prepared to defend your rights. Contact us today to schedule a discreet consultation and take the first step in protecting your future.
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