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California Lewd Conduct Attorneys

Penal Code 647a: Lewd Conduct in Public

California Penal Code 647a--Lewd Conduct in Public--is a legal device that police use to entrap, arrest and prosecute gay men for having sex, masturbating, touching each other sexually, cruising (and sometimes just for being conspicuous gay men) in public locations. These police operations almost exclusively target gay men. They amount to sheer entrapment, and a political assault upon the community.

We invite you to watch lewd conduct attorney Neil Shouse’s short video addressing this form of institutionalized homophobia:

The criminal offense of Penal Code 647a PC is often called "Lewd Conduct in Public," "Lewd or Dissolute Acts in a Public Place," or "Loitering a Toilet for Lewd or Lascivious Acts." A conviction may trigger probation, fines, court-ordered counseling, possible jail time, and the scar of a permanent criminal record.

Most Penal Code 647a arrests occur in public restrooms, parks, hiking trails, saunas or alleyways. Undercover "decoy" officers pretend to be gay men hanging out at the location and cruising. They make eye contact, smile, stare and pretend to be flirting with you. If you respond by cruising them back, they arrest you and charge you with lewd conduct in public.

The Legal Definition of Penal Code 647a: Lewd Conduct in Public

Under California law, the definition of Penal Code 647a [also sometimes written as Penal Code 647(a) PC or Penal Code 647 a] is as follows:

1. touching the buttocks or genitals of oneself or of another person,



2. with the intent of provoking sexual arousal,



3. in public and in the presence of a third party who may be offended.

Police throughout California set up "lewd conduct sting operations" in which an undercover officer poses as a gay man out cruising, usually in a bathroom or a park. The undercover entraps unsuspecting gay men by enticing the targets to touch him, to fondle their penises, to expose themselves, or to propose a sexual act. The officer then places the gay men under arrest for violating Penal Code 647a PC, engaging in (or soliciting) lewd acts.

This sort of lewd conduct entrapment occurs frequently at Griffith Park in Los Angeles, Davis Park in Newhall, the beachfront bathrooms in Long Beach, and the bathrooms at Brea Dam Park in Fullerton. Recently, we saw a series of sting operations at the men’s sauna at the L.A. Fitness on Wilshire Blvd., and the seventh floor bathrooms at the Beverly Center.

Defense of Penal Code 647(a)
Lewd Conduct Charges

Our lewd conduct defense lawyers have enjoyed great success at fighting these entrapment cases. Nearly all of our clients' Penal Code 647a lewd conduct and lewd act charges have been dismissed, even in situations where the client has prior arrests or convictions for the same charge.

It’s easy for police to arrest us for lewd conduct in public…but proving the charge in court can be a much more difficult task. The prosecutor must prove not only that the suspect engaged in the public lewd act, but also that he knew or should have known that a third party was present who may have been offended.

If the only others present were other gay men out cruising, or undercover police pretending to be out cruising, then, obviously, the suspect reasonably believed that other people present would not be offended. Therefore he is not guilty of Penal Code 647(a) lewd or dissolute conduct.

Call Us If You Were Arrested
for Lewd Conduct in California

If you have been arrested or charged with lewd conduct or lewd acts in public, call us for a free case analysis. Our lewd conduct defense lawyers will analyze the incident, devise a defense strategy, and work zealously to keep this charge off your record.

Moreover, we understand that you may be very embarrassed and that discretion is imperative. Misdemeanor lewd act cases can frequently be resolved without you ever having to appear in court, and without your boyfriend, partner, employer or family learning about the incident. We want to make it go away quietly!

We Know The Cops Lie

Unfortunately, the police who make lewd conduct arrests often times lie, exaggerate and embellish the facts in order to make their case in court. They will accuse you of masturbating when all you did was stand at the urinal. They will deny that they lured you on by pretending to be cruising…when in fact the cop was posing as a gay man cruising.

In such cases, we may file what's called a "Pitchess Motion": a motion to the court to inspect the officer's personnel record. Often times, the personnel record reveals a history of other people lodging complaints against the same officer…complaints that the officer committed perjury, made false statements in the police report, and spoke homophobic remarks. All of these may be used to attack the officer's credibility in court.

Further Internet Resources:

• LAMDA Legal
  National legal advocacy organization fighting to achieve full equality and civil rights for gays, lesbians and transgender people.



• Gay & Lesbian Advocates & Defenders (GLAD)
  Seeking to promote gay rights and end discrimination based on sexual orientation through legal and policy change.



• American Civil Liberties Union
  The gay, lesbian, bisexual and transgender division identifies and attacks homophobic laws and public policies throughout the United States.



• Squirt-Your Neighborhood Cruising Guide
  Squirt.org lists over 15,000 places where gay and bisexual guys can meet up for cruising and sex including in Los Angeles, West Hollywood, Laguna Beach and Riverside. Features Gay Saunas, Gay Bathhouses, Adult Bookstores, Adult Video Arcades, Adult Cinemas, Gay Sex Clubs, Gay Glory Holes, Tearooms, Cottages, Cruising Parks, Gay Nude Beaches, Restrooms, Truck Stops, Rest Areas, Leather & Nudist clubs. But please use protection and be responsible, and act within the legal parameters described above!