BY | October 5, 2022

Lewd and lascivious behavior charges may be one of the more ambiguous phrases used to describe a crime in the State of California, not least because it can relate to several distinct actions. When your loved one is held in custody for these offenses, though, it should be noted that the charges can bring very serious repercussions.

What are lewd and lascivious behavior charges? 

As far as California law is concerned, lewd and lascivious behavior charges relate to acts of sexual misconduct or acts that are intended to provide sexual gratification to the perpetrator. They could be defined as;

• A lewd act performed in public,
• An act committed against an unwilling party,
• Or an act against someone who cannot legally consent.

Therefore, lewd and lascivious behavior charges can cover a wide range of acts covering everything from public indecent exposure to rape. Unlawful pornography and prostitution could fall under this category too. However, many of the issues mentioned above would be covered by other penal codes.

In most cases, then, lewd and lascivious behavior charges focus on acts of sexual gratification perpetrated against minors. This could cover any kind of indecent exposure or inappropriate touching or child molestation, which falls under California Penal Code 288 PC. understandably, arrests involving minors are deemed more severe by courts and judges alike.

On a side note, charges of this nature may have one or more enhancements attached to them - often concerning drugs or alcohol.

The laws on lewd and lascivious charges 

In the eyes of the California courts, anybody under the age of 18 is legally classified as a minor and consequently cannot consent to sexual activity. Any sexual act that occurs between an adult (someone aged 18 or over) and a minor is considered a sex crime. This covers every type of sexual act from touching to penetrative sex.

However, sex crimes are categorized based on age. While the perpetrator’s age may have an impact on a trial, they do not influence the arrest or charges involved. Sex crimes are defined by the victim’s age;

• Statutory rape or unlawful sexual contact is when the victim is under the age of 18 but over the age of 13.
• Lewd and lascivious behavior relates to crimes where the victim is under the age of 14.

So, while many sex crimes can be called crimes of a lewd and lascivious, and official charges under this name are very serious. Unsurprisingly, there are severe punishments for verified convictions. It will depend on the act, the victim’s age, and whether it was a repeated offense. However, convicts can expect to face a $10,000 fine and up to 25 years in prison as a result of this felony.

Even lesser convictions will normally result in three years of imprisonment. Of course, the record of sex crimes against a minor would have a telling impact on the defendant’s career and reputation following their release. Even before the trial, time spent in custody could cause serious damage. As such, securing your loved one’s temporary release so that they can prepare for a fair trial can make a huge difference.

The laws for charges often referred to as lewd and lascivious

All sex crimes are serious and will pose a threat to a person’s reputation, as well as their freedom. Nevertheless, there are many adult-on-adult crimes that aren’t deemed as severe as adult-on-minor crimes. 

Serious sex crimes like rape will still carry significant prison time and fines following a conviction. However, others like indecent exposure, which comes under California Penal Code 314 PC, can be viewed as less severe albeit still a noteworthy crime. Nevertheless, understanding the difference between other sex crimes and those that deal with acts committed on a minor, who cannot legally consent to any sexual contact, is important. Not only for the case itself but also for posting bail.

Posting bail for lewd and lascivious charges 

In addition to the threat of significant jail time and major fines following a conviction. lewd and lascivious charges often carry very high cash bail costs. While bail is a separate issue to the arrest itself (and will not be influenced by the trial verdict), the courts are determined to prevent defendants from fleeing. To do this, the bail figure is often $100,000 for these sex crimes and can be up to $ 1 million for severe minor-related offenses. 

So, while most arrested parties will have the opportunity to post bail, very few will be in a position to do it without help, even if they consider the possibility of using property as collateral. However, it should be noted that the bail figure for other forms of lewd and lascivious behavior, such as public indecent exposure may be set at a far lower (albeit still expensive) value.

Either way, bail bonds for sex crimes can cover lewd and lascivious charges, including those related to a minor. It offers the chance to secure your loved one’s release from jail for just a 10% fee (or lower) known as a premium. Following this, your bail bonds agent will post the full bail amount on behalf of your loved one. 

While we cannot provide any legal advice, a quick release does mean that the defendant can find a lawyer and prepare their case with a greater chance of avoiding a conviction. Moreover, they will avoid the financial and reputational damage that would be caused by spending time in jail between the arrest and their trial.

Why post bail with Future Bail Bonds?

When posting bail in California, you need a local agent who understands the booking and bail processes in the Golden State while simultaneously boating good working relationships with the county courts. Here at Future Bail Bonds, we pride ourselves on these attributes while we also guarantee 100% confidentiality, especially in cases as sensitive as lewd and lascivious behavior charges.

Our agents are available 24/7 to discuss bail bond amounts, repayment plans, and any other relevant information. Contact us now, and your loved one could be out on bail within hours.