In San Diego, this crime involves engaging in overtly sexual or lewd acts in public. Although this conduct would be legal in the privacy of the bedroom, the criminal element of lewd acts in public in Ventura is that you are bringing this conduct out in public view.
How can you be convicted of a lewd act in Ventura?
To be convicted, the prosecution must show that you willfully touched yourself or another for the purpose of sexual gratification and that you engaged in this conduct in a public place (i.e. parked cars on public streets, public bathrooms, park benches, etc.). There is also the requirement that at the time you engaged in such activity, there was a third party who was or would be offended by it and that you knew or should have known that that person would be present.
This crime is a misdemeanor that can expose you to jail time of up to 180 days. Although this is a crime that involves sexual deviation, it may not trigger a requirement that you register as a sex offender pursuant to Penal Code Section 290. The decision as to whether you will have to register as a sex offender will be left to the discretion of the judge. However, engaging in lewd acts in public in Ventura is still a crime and a conviction will remain on your record forever.
Lewd Acts Defense Lawyer
Having an attorney representing you can significantly increase your chances of avoiding a conviction. Your attorney can raise certain defenses that will help you avoid the negative repercussions of a conviction.
One possible defense is the argument that you chose a location that although public, is also discrete. Since the crime requires that you knew or should have known that there would be people around who would be offended, if your contention is that you did what you could to avoid detection or believed that the location you chose was secluded, you can argue for a dismissal of the charge.
Your attorney can also work to reduce the charge to trespass (California Penal Code Section 602) or disturbing the peace (California Penal Code Section 415). These offenses can also be charged as infractions, which essentially share the same level of severity as a traffic ticket. And these offenses are so broadly defined that they can dilute any implication of sexual deviation; for example, disturbing the peace can be incurred for simply playing music too loud.
Having a skilled and experienced lewd acts defense attorney from Wallin & Klarich is your best shot of getting the most favorable outcome in your criminal case. Our attorneys at Wallin & Klarich want to help you achieve the best possible result. Call us now for a free case evaluation 877-466-5245. We have offices in Los Angeles, Ventura, San Bernardino, Victorville, Riverside and Orange County. We will get through this together.