LEWD conduct is defined as any illegal activity such as touching of the genitals, buttocks or breast that is executed by a person with the purpose of offending or achieving sexual stimulation, either for themselves of another person. This type of crime commonly occurs in cases of pornography, prostitution or indecent exposure, among others.
When lewd conduct involves a minor, the crime becomes a felony offense and if convicted, the offender will be subject to consider stiffer penalties as a result. It is critical for the accused to consult the advice of a skilled Los Angeles sex crime defense attorney in these cases in order to avoid the risk of an insufficient defense and subsequent conviction.
According to California Penal Code Section 288, a person who willfully commits a lewd or lascivious act against a child under the age of 14 years old will face felony charges. The penalties for this offense may include 3, 6 or 8 years in state prison, along with heavy fines and sex offender registration. Child molestation, child sexual abuse, sodomy of a minor and oral copulation with a minor are all offenses which may constitute lewd conduct with a minor, although specific penalties and charges may vary depending upon the many circumstances of the case as well as the age of the alleged victim and the defendant.
The specific defenses an attorney may employ when handling your case will depend on various factors. What’s most important is that you be honest with your lawyer when discussing your case. A Los Angeles lewd conduct attorney can only provide you with an effective defense if the information they have is accurate.
That said, the following are among the more common defenses used in these circumstances:
Quite simply, you might be innocent of the crime you’re being accused of. For instance, perhaps someone with a grudge against you (such as a jealous ex) has accused you of lewd conduct in the hopes of getting you in legal trouble.
Again, a Los Angeles lewd conduct lawyer relies on your honesty when building a case. They can’t falsely claim you’re innocent if you did in fact commit a crime. However, if you genuinely are innocent, a lawyer can protect you by showing the prosecution hasn’t proven beyond a reasonable doubt that you’re guilty of committing lewd conduct.
It’s possible that you genuinely did touch yourself but did not do so in a manner meant to cause sexual pleasure. Perhaps the individual accusing you of lewd conduct misinterpreted the purpose of your actions. Or, again, maybe their goal is to get you into legal trouble, and they are thus intentionally misrepresenting the nature of your conduct to make it sound as though you were engaging in lewd behavior when you were in fact touching yourself in a more innocent manner.
Perhaps the individual who’s accused you of this crime truly did witness someone engaging in lewd conduct. However, depending on the circumstances, it’s possible they misidentified you as the person who committed this act.
If this is the case, you should have an alibi placing you in a different location at the time the crime was committed. A Los Angeles lewd conduct attorney may help you establish and strengthen your alibi by coordinating with witnesses.
If you were touching yourself in a manner meant to cause sexual pleasure in your own home or in another such setting where you should have the reasonable expectation of privacy, you might not be guilty of lewd conduct. Although you do have a responsibility to ensure you don’t expose yourself to others, if someone witnessed you engaging in sexual touch because they were invading your privacy, your lawyer may be able to demonstrate that you didn’t intend for others to witness these acts.
Again, this isn’t necessarily an exhaustive list. The best way to learn more about the potential defenses that might be applicable in your case is to meet with an attorney. A Los Angeles lewd conduct lawyer with our firm will review the details of your case and help you better understand how we might proceed.
Lewd conduct can be difficult to prove in a court of law, and prosecution is required to prove beyond a reasonable doubt a number of different points concerning the crime. The offender must have engaged in conduct, or solicited another to engage in conduct that involved touching of sexual areas such as the breasts, genitals or buttocks. The defendant must also be proven to have committed the lewd act intentionally in an effort to cause sexual stimulation, or offense. The prosecution must also prove that the defendant was aware that there were people in the vicinity who would certainly be offended by the crime, and that the acts occurred in a public place.
Proving lewd conduct can be very challenging for prosecutors, largely due to the fact that witness testimony may be hard to come by, and that it can be difficult to prove intent in these cases. Okabe & Haushalter have deep experience defending those charged with lewd conduct, and execute working strategies that are designed to cast the doubt necessary to achieve minimized penalties, or no penalties at all. Our firm is dedicated to providing you with the best possible defense based on your specific situation, and we will fight hard to see that your rights are not compromised in the process.
Contact a Los Angeles sex crime defense lawyer if you have been charged with lewd conduct and would like a skilled legal professional to fight for your defense.
