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Lewd Conduct Arrests at the Mustang Bookstore: It's About Nimby Politics, Not Criminal Activity

For more than a year, Upland Police have conducted a lewd conduct sting at the Mustang Book Store, an adult book store in the city. The sting has netted dozens of Penal Code 647 Lewd Conduct arrests, prosecutions and convictions.

Most of the lewd conduct arrests involve suspects allegedly masturbating in private "movie booths" where bookstore patrons go to view adult porn videos.

You're not alone if you're thinking, "Well, what do they expect would happen in these booths?"

Those arrested in these lewd conduct stings get cited to appear for criminal proceedings at the Rancho Cucamonga courthouse. The San Bernardino County District Attorney generally files misdemeanor charges under Penal Code 647 (a).

Although the D.A. rarely seeks jail time, prosecutors insist that the defendants either plead guilty to the lewd conduct charge or go to trial. Most plead. And as they find out for many years to come, a conviction for lewd conduct can severely undermine their prospects for future employment, state licensing and other benefits.

The interesting thing is that most of the incidents at the Mustang Book Store don't amount to lewd conduct as Penal Code 647 (a) defines it. Penal Code 647 (a) requires that the sexual conduct occur in the presence of a third party who might take offense.

But these arrests take place in private movie booths in a secluded part of an adult book store-a part of the store notorious as a place where people go to watch porn and masturbate.

As I see it, anyone who ventures to this area, let alone into one of these private booths, can reasonably expect that they are free to masturbate without offending those around them. I mean, come on, who on earth would go to this area of the bookstore if they would be perturbed by seeing someone masturbate to a porn flick?

What's really motivating these lewd conduct arrests and prosecutions is not illegal activity. Rather, it's a concerted effort by the City of Upland, the County of San Bernardino and neighboring businesses to shut down the Mustang Bookstore.

It's widely believed that the Mustang Bookstore attracts a sorted crowd of perverts and drug addicts, many of whose activities spill into the parking lot and the neighboring area.

This may be true. But the Mustang Bookstore also attracts a great deal of professional, middle class men looking for a discrete, safe, private place to view porn (and, often, as a corollary to this, to masturbate). Many of these are married men, or guys who for whatever reason can't put the porn films on at home.

Right or wrong, moral or immoral, as long as this is done in an appropriate and discrete location, it's not lewd conduct. And it's not illegal.

Unfortunately, most of those charged under the lewd conduct sting simply capitulate. They plead guilty and take their lumps, rather than fight the system and suffer the embarrassment of a public trial.

I believe most of these men will ultimately regret their decision to plead-especially since most of them have plausible legal defenses.