February 13, 2013 By Stephen Klarich

An accusation of lewd acts in public is no laughing matter. If you are charged and successfully convicted of lewd acts in public in San Bernardino, you will be facing an embarrassing misdemeanor that you will have trouble explaining to anyone you need to disclose this information to. If you are accused of lewd acts in public, the experienced criminal defense attorneys at Wallin & Klarich can help you fight for your rights and make sure you are not taken advantage of.

What is a lewd act in public?

California Penal Code 647(a) prohibits a person from “soliciting or engaging in lewd acts in a public place or a place within public view.” A lewd act is any act that involves sexual gratification or other forms of sexual deviancy. A lewd act can be any kind of touching of the breasts, genitals, or buttocks area of yourself or someone else in sexual way in a public place. For instance, if you are caught masturbating in public, you will be charged with a lewd act in public. Furthermore, you can also be charged with a lewd act in public for soliciting (offering or requesting) the act.

Most arrests for lewd acts in a public place result from undercover “sting” operations by police, where an officer will pose as a decoy and attempt to bait you into exposing yourself, masturbating, or soliciting a sexual act. The moment you do any of these things, they will arrest you and you will be charged with lewd acts in a public place under Penal Code 647(a).

What sort of punishements for lewd acts am I facing if convicted?

In California, a conviction under Penal Code 647(a) is a misdemeanor and punishable by up to six months in county jail, a $1000 fine, or both, and you may also be placed on probation. More importantly, the court may require you to register as a sex offender under Penal Code 290, which may negatively impact your reputation and your employment.

What sort of defenses do I have available to me?

The attorneys at Wallin & Klarich are here to guide you in raising a number of defenses to the charge of lewd acts in a public place. For instance, your attorney can argue the following:

  • the touching was accidental
  • you did not have sexual intent
  • he alleged lewd act did not take place in a public place; or
  • There was no third party present to witness the alleged lewd conduct.

While not every defense listed above may apply based on the facts and circumstances of your case, the attorneys at Wallin & Klarich will make sure that every available defense is used to help you win your case. If you are facing charges of lewd acts in a public place, it is important that you call one of our experienced sex crime defense attorneys to learn more.

Where can I find an experienced criminal defense attorney if I am charged with soliciting or engaging in lewd acts in public?

At Wallin & Klarich, we care about defending your rights. Our San Bernardino criminal defense attorneys have over 30 years of experience winning cases for our clients. When you hire us, we will give you guidance and support during every step of your case. We know what it is like facing the potential embarrassment and employment difficulties that a conviction of lewd acts in a public place can bring, and we want to help you win your case.

We have offices conveniently located in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, and San Diego. Call us at (877) 466-5245 or fill out our intake form for immediate assistance. We will be there when you call.

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