Glendale Lewd Conduct
Glendale Lewd Conduct allegations under California Penal Code Section 647(a) PC often cause stress and embarrassment for those charged. Like prostitution offenses or sex crimes, Glendale Lewd Conduct is an offense that may have far-reaching consequences, including potential registration as a sex offender.
There is no specific act that constitutes Glendale Lewd Conduct. It is an offense that includes engaging in sexually-related activity in a public place. This can include giving or receiving oral sex, exposing one’s genitals or masturbating in public. Law enforcement stings are often set up around public restrooms, parks and beaches to catch people engaging in such conduct.
In order for the prosecution to convict someone of this charge they must prove following:
- The person charged touched his own genitals either directly or through their clothing;
- The touching was done for sexual gratification of himself or another person, or if not for gratification then to annoy the other person;
- At the time of the touching the person was in a public place such as a park or bathroom, or that the person was in a private place but visible from a public area, such as a person looking through a window of an apartment building;
- At the time of the touching someone who might have been offended was present; and finally,
- The person knew or should have known that another person would be offended by the conduct.
In many cases, the law enforcement officer is the only person present when the alleged lewd act takes place. Because of this, what is presented as evidence is typically the officer’s version of the facts. This may be drastically different than what actually happened. In some cases, officers have been accused of planting evidence and exaggerating or falsifying reports in the past. Such prior accusations can be used against the officer in defending allegations of Glendale Lewd Conduct. Another defense is selective prosecution. Virtually all Lewd Conduct cases are against men. This selective enforcement is illegal of it can proven that the police only target men for arrest.
Glendale Lewd Conduct is a misdemeanor under law. The maximum punishment for this offense is one year in jail, along with educational and/or counseling sessions, court fines and stay away orders. In some cases, the prosecutor may seek additional charges that would require sex offender registration for life. This would require the person to appear on website for sec offenders and their pictures will also be displayed.
In order to establish Glendale Lewd Conduct under California Penal Code Section 647(a), the prosecutor must prove the following elements; that the defendant purposely touched another’s genitals, buttocks, or breasts (for females), that this touching was made with the intent to sexually gratify the defendant or annoy or offend the other party, that this occurred in public, that another party who could have been offended was there and that defendant reasonably should have known that this person was there. Those who engage in Glendale Lewd Conduct and those who solicit others to engage in this conduct can be charged under the statute.
Charges of Glendale Lewd Conduct are often accompanied with allegations of California Penal Code Section 314 PC, Glendale Indecent Exposure. This misdemeanor can be punished with up to a year in jail and is defined as the public exposure of genitals or female breasts. A conviction for Glendale Indecent Exposure automatically triggers Sex Offender registration.
There are defenses that can be raised to challenge allegations of Glendale Lewd Conduct. Where the officer is shown to have lied or exaggerated in prior cases, such conduct can be used against that officer. In addition, California entrapment laws prevent law enforcement from inducing a normally law abiding person to commit crimes they would not be normally predisposed to commit. Therefore, if the officer who is involved in a sting operation goes too far and gets too aggressive, there would be a potential entrapment defense.
Glendale Lewd Conduct charges can carry devastating and far-reaching consequences. Because of this, it is crucial that you have an experienced and knowledgeable Glendale Lewd Conduct Defense attorney representing you immediately. Glendale Lewd Conduct Defense Attorney Michael Kraut recognizes that these charges can be sensitive and is able to appear on his client’s behalf to spare the embarrassment of having to personally appear in court. In many cases, Mr. Kraut has been able to intervene before charges have been filed to prevent criminal charges from being filed. Mr. Kraut is a former Senior Deputy District Attorney with over 14 years of experience as a prosecutor and is highly respected by prosecutors and law enforcement as a fierce defender of his client’s rights.
For more information about Glendale Lewd Conduct, and to schedule your free consultation, contact Glendale Lewd Conduct Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located 121 W Lexington Dr, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-507-9123.