Lewd acts or lewd conduct are listed under section 647 of the California Penal Code. PC647(a) states that, “An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.”
What is considered LEWD?
It’s any conduct that involves sexual gratification or other forms of sexual deviancy. This is very vague and many acts or gestures could be deemed to be considered lewd. It’s ongoing as is our ever-evolving nature of communication. Just think of the emojis referencing fruits and vegetables to mean something sexual. The prosecution of course would have to prove what is meant by the act or how it’s “lewd.” Usually, this charge involved touching one’s self in a sexual manner while in view of the public or at a public place.
What is considered public place, open to public or exposed to public view?
- Public Place:
- Any place not a private residence or private business
- Streets, parks, beaches, highways, courts, etc.,
- Open to Public:
- Private establishments which are open to public
- Hospitals, Stores, Bars, Restaurants, Gas Stations, Airports, etc.,
- Private establishments which are open to public
- Exposed to Public View:
- Any private place visible from the public
- Private residence as seen through their window
- Backyard as seen from neighbor’s second story
Defenses:
- Did not do the act described
- Was not in a public place and was not visible to the public
- The act was not sexual in nature
- The act was part of an artistic performance
Penalties:
- Up to 6 months in jail, and/or
- Up to $1,000 fine
- Possible Immigration Consequences
- Possible disqualification from Government Assistance Programs
647.
Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.