Los Angeles Lewd Conduct Defense Attorney

An unexpected arrest or citation for lewd conduct can feel overwhelming, embarrassing, and terrifying, especially when the allegations are untrue or stem from an overzealous sting operation. At Kraut Law Group Criminal & DUI Lawyers, Inc., our sex crimes defense team understands how quickly a moment can be misinterpreted by undercover officers and how devastating the consequences of a conviction can be. Former Senior Deputy District Attorney Michael Kraut has handled hundreds of sex-related cases from both sides of the aisle and now channels that insight into protecting clients across Los Angeles, Orange County, and the surrounding communities. Our mission is simple: keep your record clean, keep you out of jail, and safeguard your reputation and livelihood.

California Penal Code § 647(a) makes it a misdemeanor to solicit or engage in “lewd or dissolute conduct” in a public place or a location open to public view. Lewd conduct is broadly defined, but the statute most commonly covers consensual sexual activity, such as fondling, masturbation, or oral sex, in restrooms, parks, parking structures, or vehicles. Because the statute is written in sweeping language, law-enforcement agencies frequently use undercover officers who pretend to be willing participants and later claim to have been offended. Often, the only evidence is one officer's word, recorded on a hastily drafted police report.

To secure a conviction, the prosecution must prove each of the following:

• The accused willfully touched their intimate parts, or those of another person, for sexual arousal, gratification, or offense.
• The act occurred in a public place or a location open to public view.
• At least one additional person was present who might reasonably be offended by the conduct.
• The accused knew, or should have known, that the observer might be offended.

The charge must be dismissed if the District Attorney cannot establish every element beyond a reasonable doubt.

Courts have interpreted “public place” to include not only streets and parks but also public restrooms, beach changing areas, alleys, vehicles parked on a public roadway, and private businesses open to patrons (such as adult bookstores or massage parlors). An enclosed vehicle on private property, a bedroom, or a curtained booth, by contrast, may be considered private if the occupants took reasonable steps to shield themselves from public view. Whether a space is truly “public” is often a critical factual issue and can be leveraged to achieve a dismissal.

Lewd conduct under § 647(a) is distinct from indecent exposure under Penal Code § 314. Indecent exposure typically involves intentionally revealing one’s genitals with the specific intent to offend or arouse in the presence of another person sexually. A first-time indecent exposure conviction carries a potential sentence of up to one year in county jail. Still, a second conviction is a felony punishable by state prison and sex-offender registration. Prosecutors sometimes add a § 314 count to a lewd-conduct case to increase leverage. Early, aggressive intervention by a defense attorney can often prevent the filing of additional charges.

Lewd conduct is a misdemeanor punishable by:

• Up to six months in the county jail
• A maximum fine of $1,000
• Summary (informal) probation, commonly lasting one to three years
• Court-ordered counseling, community service, or HIV testing under §§ 647.7 and 1203.1
• Stay-away orders from the incident location

Although sex-offender registration under Penal Code § 290 is not mandatory for a standalone § 647(a) conviction, courts have discretion to impose registration when lewd conduct is coupled with indecent exposure or other registerable offenses. Even without registration, a sentence can jeopardize state licensing, immigration status, family-law matters, and professional opportunities. Publicity surrounding sex-related arrests can permanently stain a person’s online reputation.

Los Angeles Police Department vice units routinely conduct decoy operations in Griffith Park, the Santa Monica Mountains, public beach restrooms, adult bookstores along Santa Monica Boulevard, and rest stops on the 5 and 101 freeways. Officers may pose as receptive participants, use suggestive gestures, and then arrest the individual as soon as any movement is interpreted as a sexual advance. When an officer’s conduct would cause a normally law-abiding person to commit a crime, the defense of entrapment applies. Michael Kraut reviews body-worn camera footage (when it exists), dispatch logs, and past citizen complaints against the arresting officers to expose patterns of exaggeration or falsified reports. Demonstrating that no truly offended member of the public was present, or that police orchestrated the encounter, can result in charges being dismissed or reduced.

Every case turns on its unique facts, but common winning approaches include:

• Arguing a lack of intent to arouse or offend, for example, hurriedly adjusting clothing is not lewd conduct.
• Establishing a reasonable expectation of privacy, such as inside a locked restroom stall or behind tinted car windows.
• Undermining witness credibility through prior complaints, inconsistent statements, or the absence of corroborating video.
• Filing a motion to suppress evidence obtained through an unlawful search or seizure.
• Raising constitutional challenges when the statute is applied to expressive conduct protected by the First Amendment.
• Negotiating informal diversion, civil compromise, or dismissal in exchange for counseling or community service completion.

In many instances, proactive pre-filing advocacy convinces prosecutors not to file charges, sparing clients the humiliation of a public arraignment.

Remain calm and refrain from making statements; anything you say to police can be misinterpreted or omitted. Politely decline to answer questions without counsel, sign no written statements, and do not consent to phone searches. Retaining experienced counsel within days, or even hours, of the incident maximizes the chance of a favorable outcome. Kraut Law Group Criminal & DUI Lawyers, Inc. immediately contacts the filing Deputy District Attorney, presents exculpatory evidence, and pursues confidential resolutions that keep your name out of the public record whenever possible.

Attorney Michael Kraut served for over fourteen years as a Deputy District Attorney in Los Angeles County, rising to the elite Hardcore Gang and Major Fraud units. His firsthand knowledge of prosecutor training, case-review protocols, and law-enforcement investigative techniques allows him to anticipate the government’s strategy and formulate effective countermeasures. Because our practice is intentionally selective, clients receive direct attorney access, discreet handling, and round-the-clock communication. Media inquiries are deflected, emergency bail motions are filed immediately, and appearances can often be made on your behalf so that you never set foot in a crowded courtroom.

• Confidential Case Evaluation: We begin by thoroughly, judgment-free reviewing the police report, any electronic evidence, and your account.
• Independent Investigation: Our team locates surveillance footage, re-interviews witnesses, and consults forensic experts when appropriate.
• Pre-Filing Negotiation: Where charges have not yet been filed, we marshal favorable facts and legal arguments to persuade prosecutors to reject or reduce the case.
• Courtroom Advocacy: When litigation is necessary, we challenge every element, file strategic motions, and stand ready for trial.
• Record Clearing: After dismissal, we can move to seal arrest records under Penal Code § 851.91, protecting your future.

Q: “Can the charge be dismissed if the officer lied?”
Yes. Demonstrating that an officer misrepresented facts or exceeded the scope of the sting can lead to dismissal under Penal Code § 1385 or through an acquittal at trial.

Q: “What if no other public member was present?”
If the only observer was the undercover officer who participated in the encounter, the “offended person” element is undermined. Many Los Angeles juries are skeptical of this policing tactic.

Q: “How soon should I hire an attorney?”
Immediate representation often distinguishes between no filing and a damaging criminal record. Early involvement allows your lawyer to shape the narrative before it reaches a prosecutor’s desk.

A lewd-conduct allegation does not have to define your life. Skilled, strategic advocacy can protect your reputation, freedom, and future. If you or a loved one is under investigation or has been charged, contact Kraut Law Group Criminal & DUI Lawyers, Inc. today. We are available twenty-four hours daily, every day of the year, and we will fight relentlessly for the best possible outcome.

Nothing on this page is intended as legal advice, nor does reading it create an attorney-client relationship. Every case is unique; you should consult a qualified defense lawyer regarding your specific facts.

For an immediate, confidential consultation with Kraut Law Group Criminal & DUI Lawyers, Inc., call 888-334-6344 or 323-464-6453 or use our secure online form.