Penal Code 647(a) – Lewd Conduct In California

In this guide, I will explain lewd conduct charges in California under penal code 647(a).

But first, watch this video for a quick introduction to California’s lewd conduct laws.

Definition Of Lewd Conduct

Lewd or “dissolute” conduct is prohibited under California Penal Code Section 647(a)¹.

What is Considered Lewd Conduct?

This consists of intentionally touching your private parts (genitals or buttocks) or those of a female, including her breasts, for the purpose of sexual gratification.

It also includes soliciting another person for sexual activity².

How Do You Avoid Conviction For Lewd Conduct If You Are Charged?

To avoid conviction for lewd conduct you must present a valid defense backed up by evidence.

What Are The Penalties For Lewd Conduct?

The criminal penalties for lewd conduct in California are listed below and prosecuted as misdemeanor violations under penal code 647(a).

Penalty	Misdemeanor
Fine	Up to $1,000
Probation	Possible Summary Probation
County Jail	Up to 6 months

If Convicted Of PC 647(a), Do I Have To Register As A Sex Offender?

A conviction for lewd conduct is not subject to sex offender registration.

However, a conviction for indecent exposure will result in sex offender registration.

In some situations prosecutors will charge both lewd conduct and indecent exposure together.

Are There Legal Defenses For Charges of 647(a) PC?

The first legal defense you may use if charged with 647(a) pc is that you did not engage in lewd conduct.

What Are Some Examples Of Mistaken Lewd Conduct?

• A couple under blankets at a park or in the bushes where no one is able to see what is happening may have been misconstrued as sexual activity.
• Wearing loose clothing that may expose yourself without being aware of it and not touching your intimate parts should not be considered lewd conduct or indecent exposure.
• A witness who reported you may not have directly observed your genitals but noted other behavior such as heavy breathing or your making certain movements that were interpreted as you sexually gratifying yourself.

You Did Not Touch For Sexual Gratification

This is a specific intent offense so merely touching yourself or another person’s genitals is not enough to demonstrate intent to sexually gratify yourself.

If you scratch yourself, are washing in a public restroom or slapped someone on the buttocks in a playful manner, then no sexual intent was demonstrated.

Further, your actions in a public restroom might have been interpreted as solicitation.

An undercover officer is trained to look for certain signals or gestures indicating a desire to engage in sex but you may have unintentionally or innocently signaled this but were arrested as a result.

You Did Not Know Soneone Was Present

Lewd conduct is generally offensive to everyone, including police officers who likely have seen such conduct before.

In this regard, anyone who reported you as engaged in lewd conduct was offended by your behavior.

For all practical purposes, your defense would have to rest on your reasonable belief that no one would see you³.

If you were engaging in sexual conduct behind bushes or in a structure where another person deliberately removed an obstruction so as to observe you, then you may have had a reasonable belief that no one would see you.

This offense usually requires that you intentionally exposed yourself in a public area where other people were in plain view or in an area where people generally gather or walk by and you were engaged in gratifying yourself.

Your Conduct Was Not In A Public Place

In conjunction with having a belief that you would not be seen is that your lewd conduct must have been in a public place⁴.

A private home, office or area where the public is not invited such as a fenced yard⁵ or where you are not exposed is not considered public.

However, you are in a public area where you are gratifying yourself in a parked car on a busy street, in a massage parlor or in a booth in an adult bookstore. If your defense attorney can show that you took reasonable steps to hide your conduct but were otherwise observed, then you may have a valid defense.

You Were Entraped By The Police

You can claim entrapment if you can show that you did not originally have the intent to commit the offense but were either provoked or otherwise persuaded to do so.

What Is An Example Of Being Entraped?

If an undercover officer persists in getting you to engage in lewd conduct or if the officer participates in gratifying you or himself, then you may have a valid defense.

Entrapment can be a difficult defense to show since it is generally only you asserting that the officer harassed, pressured, coerced or even threatened you to engage in criminal conduct that you otherwise were not disposed to engage in.

Some officers are wired when undercover and their statements to you and from you can be subpoenaed. If there was a witness who saw and overheard the exchange between you and the officer and can testify that the officer was being aggressive, then you may have an entrapment defense.

Police may not engage in criminal conduct to entice you to commit a criminal act. If an officer exposes himself in a public restroom or allows himself to be massaged in a sexual manner, it is considered outrageous conduct and your attorney should move to dismiss charges brought against you.

Related Offenses You Can Also Be Charged With

If you have been charged with lewd conduct you may also be charged with following offenses.

Both of these offenses may require sex offender registration.

What is The Diffference Between Lewd Conduct And Indecent Exposure?

Under the California Penal Code indecent exposure is defined as willfully exposing your genitals to another person, motivated by the desire of sexual gratification for yourself or to offend another.

What Is The Penalty?

A conviction for indecent exposure subjects you to a misdemeanor, which carries up to 6 months in the county jail and/or a fine of up to $1,000.

However, if you are facing a second conviction, the punishment increases to a felony offense.  If convicted a second time, you face a minimum of 16 months in the state prison and a maximum of 3 years.  Additionally, the court may fine you up to $10,000.  A

s a repeat offender, if you have a prior misdemeanor conviction for indecent exposure, you face a felony charge for your second regardless of how minor the second offense may be.

Under What Situation Could You Also Be Charged With Prostitition?

The California Penal Code prohibits engaging in the act of prostitution and soliciting or agreeing to engage in the act of prostitution.  Therefore, the prostitute, the customer and any other person involved in the solicitation are subject to arrest for prostitution in California.

What Is The Penalty

For your first offense, prostitution is charged as a misdemeanor.  It carries up to 6 months in the county jail and a fine up to $1,000 or both.  While prostitution does not trigger an automatic sex offender registration requirement, a judge does have the discretion to order you to register as a sex offender as part of your judgment.

1. “Lewd” and “Dissolute” Synonymous. Pryor v. Municipal Court (1979) 25 Cal.3d 238, 256 [158 Cal.Rptr. 330, 599 P.2d 636]. [↩]
2. Lewd Conduct Defined –Pryor v. Municipal Court(1979) 25 Cal.3d 238, 256 [158 Cal.Rptr. 330, 599 P.2d 636]. [↩]
3. Need Not Prove Someone Was Offended “It is not the burden of the prosecution to prove that the observer was in fact offended by the conduct but only that the conduct was such that defendant should know that the observer ‘may be offended.’ ” (People v. Rylaarsdam (1982) 130 Cal.App.3d Supp. 1, 11 [181 Cal.Rptr. 723]. [↩]
4. Public Place Defined. In re Zorn (1963) 59 Cal.2d 650, 652 [30 Cal.Rptr.811, 381 P.2d 635]; People v. Belanger (1966) 243 Cal.App.2d 654, 657 [ Cal.Rptr. 660]; People v. Perez (1976) 64 Cal.App.3d 297, 300–301 Cal.Rptr. 338] [↩]
5. See People v. White (1991) 227 Cal.App.3d 886, 892–893 [278 Cal.Rptr. 48] [fenced yard of defendant’s home not a “public place”]. [↩]