Solicitation of a lewd act in public: what the Prosecution must prove
To prove that you are guilty of this crime, the People must prove six facts beyond a reasonable doubt:
1. The defendant requested that another person engage in the touching of his own or another person’s genitals, buttocks, or female breast;
2. The defendant requested that the other person engage in the requested conduct in a public place;
3. When the defendant made the request, he was in a public place;
4. The defendant intended for the conduct to occur in a public place;
5. When the defendant made the request, he did so with the intent to sexually arouse or gratify himself or another person, or to annoy or offend another person; and
6. The defendant knew or reasonably should have known that someone was likely to be present who could be offended by the requested conduct;
The punishment for PC 647(a) can include probation, fines of up to one thousand dollars, counseling, an AIDS test, an order to stay away from the location, and potentially even jail for up to six months. A conviction for this crime does not require you to register as a sex offender.
If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (877) 466-5245 to speak to an experienced Los Angeles criminal defense attorney about your case.