July 18, 2017 By Stephen Klarich

Can I Be Guilty of Lewd Acts in Public for Being Naked in My Home? (PC 647(a))What Constitutes a Lewd Act

One of the best things about living in your own home is the freedom of having a personal space where you can relax and let loose. To some people, that means walking around naked. But what happens if you are in your own home in the nude and another person sees? Could you face charges for committing lewd acts in public under PC 647(a)?

What Does “Lewd Acts in Public” Mean?

Under California Penal Code Section 647(a), it is illegal to solicit or engage in lewd acts in public or in a place readily in view of the public. A “lewd act” is any unlawful conduct committed by a person for the purpose of sexually gratifying him/herself or the person the lewd act is directed toward.

To be convicted under PC 647(a), the prosecution must prove that you willfully engaged in a lewd act for the purpose of sexual gratification, sexual deviancy or to offend another person.

Penalties for Lewd Acts in Public (PC 647(a))

Violating Penal Code 647(a) is considered a misdemeanor in California. If you are convicted of committing a lewd act in public, you face up to six months in county jail and a fine of up to $1,000.

Sex offender registration is not a requirement of a PC 647(a) conviction. However, prosecutors could attempt to charge you with indecent exposure. This is a more serious crime that carries sex offender registration as part of the sentence.

Is it a Crime to Be Naked in My Home?

So, if you were walking around your house nude and someone else sees you through the windows, could you be convicted of this crime? It depends. Your intent is very important in cases involving lewd acts in public. If you forgot the curtains were open and your neighbor saw you naked, you are not likely to be convicted of this crime because you did not intend to expose yourself to them and your act involved no sexual gratification.

However, you could face lewd acts in public charges if you committed your act for the purpose of sexual gratification. If you were touching your own or another person’s genitals, buttocks or breast area, you could be found in violation of PC 647(a).

Contact Our Lewd Acts Attorneys at Wallin & Klarich Today

If you or a loved one has been charged with lewd acts in public under PC 647(a), you need to contact a skilled criminal defense attorney immediately. At Wallin & Klarich, our sex crimes attorneys have over 35 years of experience successfully defending our clients facing lewd acts in public charges. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich sex crimes attorney available to help you no matter where you are located.

Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.



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