San Diego Lewd Conduct Defense Attorneys

Most people arrested on lewd conduct charges are scared to death. They are otherwise law-abiding people who do not want to endure serious punishments, and they certainly do not want a very public trial. They need an attorney who understands their wishes and works hard to get a quiet and reasonable resolution to their problem.

At San Diego Criminal Defense, our attorneys offer free consultations to anyone arrested for lewd and lascivious conduct in San Diego County, California. We can listen to your story, tell you about the relevant laws, and suggest a course of action. We keep all consultations completely confidential, as any interaction you have with someone you believe to be your lawyer is protected under attorney-client privilege.

California Lewd Conduct Laws

Lewd conduct charges cover a wide range of offenses, most having to do with sexual activity in public. The statutes cover such activities as receiving or giving oral sex in public, exposure of one's genitals in public, public masturbation, etc. Often, the police target certain beaches in San Diego County, arresting people who are not truly causing offense to anyone else.

All lewd conduct charges are misdemeanors, meaning that a maximum sentence is one year in prison. Perhaps even worse, there is a possibility of having to register as a sex offender, a label that will last a lifetime. Our lawyers focus on getting clients freed from jail sentences and getting the charges reduced to offenses that do not involve sex offender registration.

Types of Lewd Conduct Offenses

There are two types of lewd conduct offenses: engaging in lewd conduct, and soliciting another to engage in lewd conduct. The California Judicial Council's jury instruction made clear what the prosecutors must prove in a case involving engaging in lewd conduct. They must prove that:

1. The defendant willfully engaged in the touching of his own or another person's genitals, buttocks, or female breast;

2. The defendant did so with the intent to sexually arouse or gratify himself or another person, or to annoy or offend another person;

3. At the time the defendant engaged in the conduct, he was in a public place or a place open to the public or to public view;

4. At the time the defendant engaged in the conduct, someone else who might have been offended was present;

5. The defendant knew or reasonably should have known that another person who might have been offended by his conduct was present.

Note that a prosecutor does not have to prove that another person was offended, just that they might be. But just the qualification that another person must have been present is significant.

As far as soliciting lewd conduct, the prosecution must prove that:

1. The defendant requested that another person engage in the touching of his or her 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 or a place open to the public or to public view)

3. The defendant intended for the conduct to occur in a public place or a place open to the public or to public view;

4. 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;

5. When the defendant made the request, a third person who might have been offended by the conduct was present;

6. The defendant knew or reasonably should have known that someone who might have been offended by the conduct was present;

Contact Us

At San Diego Criminal Defense, we have a comprehensive sex crime defense practice. Call 619.894.8595 or email us through our contact page for a free confidential consultation during weekdays, weekends or evenings. We have a 24-hour answering service ready to take your call.