Most people arrested in these stings never engaged in “lewd or dissolute conduct” as the law defines it. It often amounts to very clear cases of police entrapment. These undercover cops try to “bait” you into sexual behavior.
Decoy police officers pose as gay men in bathrooms, parks, and adult bookstores. Most lewd conduct arrests involve undercover sting operations. Penal Code 314 does trigger lifetime sex offender registration. However, prosecutors often charge it together with Penal Code 314 “indecent exposure”. And many are resolved for misdemeanor probation and little or no jail time.Ĭurrently, a conviction for lewd conduct in public does not require registration as a sex offender. In reality, many of these charges get reduced to lesser offenses. It is punishable by up to 6 months in county jail and/or a fine of up to $1,000. It only rises to the level of “lewd conduct” when you know - or you reasonably should know - that there is likely to be someone present or watching who would be offended by your conduct. In and of itself, sexual activity - even in a public place - is not a crime.
Lewd or dissolute conduct is defined as touching your private parts (or another’s private parts) when you do so: Sex offender registration is not required. A conviction is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00. It is also a crime to solicit lewd conduct in public.
Penal Code § 647a PC makes it a crime to engage in lewd conduct in public. This is defined as touching your own or another person’s genitals, buttocks, or female breast, for sexual gratification, when you know or should know there are other people present who would be offended by it.
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