BY | June 7, 2024

The law concerning so-called “lewd acts” can be complex. California statutes define a number of terms, and the subtle differences between them can dictate the charges against you. 

Generally speaking, lewd acts are those defined as sexual and offensive to the community. California won’t prevent you from exploring your sexuality in private, but it does forbid it in public spaces and inappropriate situations. 

This post aims to help you understand lewd acts and what they are. Then, we discuss some definitions before delving into some examples of these acts in the real world. By the end, you should better understand the term’s meaning and how it might apply to your situation. 

Understanding Lewd Acts

Americans use the word “lewd” to describe various deviant sexual activities but the term isn’t in common speech. The name emerged during the 19th century when more people used it to refer to aberrant activities. 

Lewd means something is vulgar, perverted, or obscene. The law sometimes uses it interchangeably with lascivious which means pornographic or prurient. 

Lewd acts can involve various forms of sexual conduct that others might find offensive. Activities might include groping, exposing genitalia, touching someone sexually, or asking others to perform sexual acts. 

For an act to be lewd, it must fulfill specific criteria, including: 

• Being willful – you mean to do it 
• To arouse sexual desire – there should be an element of lust involved
• Not being another more serious sexual crime (there are other legal categories for these)

For example, if you grope someone deliberately with your hand (touching their genitalia in public), police will consider that a lewd act. However, if your hand accidentally comes into contact with a sensitive area because it is a crowded space, that doesn’t count. 

Likewise, if you touched someone but did not intend for it to be arousing, it might not be a lewd act. For example, you might be helping someone who is injured and come into contact with their crotch while carrying them or administering treatment. 

Rape and sexual assault are more serious sexual offenses. As such, they have specific categories.

Lewd laws also depend considerably on the age of the alleged victim. Offenses against children are much more likely to fall into more serious categories given their inability to provide consent. 

Exploring the Definition of Lewd Acts

Of course, the definition of a lewd act depends considerably on the location and context. Sexual touching is a normal part of life in a consensual relationship when done in private and away from where it might offend. 

Sexual Activity

The California Penal Code 647(a) PC defines a misdemeanor “lewd conduct offense” as a situation where an individual solicits someone to engage in, or who engages, in lewd or dissolute conduct in any public place or any place open to the public or exposed to public view. Under this definition, lewdness concentrates on the activities of someone performing a sexual act with another consenting adult (not a child). Lewd acts encompass things like sexual activity with another in a shopping mall, public masturbation on a train, and exposing genitals to people on the bus. 

The law states people must not reveal their genitals, buttocks, anuses, or female breasts to other people in a public space.” However, exposing other body parts, such as the legs and arms is fine. 

The California Penal Code 647(a) PC is careful to use the terms “public space” and “public view” when referring to lewd acts. As such, having sex on a balcony overlooking a nearby street is also forbidden since others can see it. Even open windows that allow members of the public to see inside could also count under this definition. 

Indecent Exposure

California Penal Code 314 PC deals with the topic of indecent exposure: exposing the genitals, female breasts, or anus to other people. To qualify as a lewd act, it must be deliberate and willful and occur in a public place. The statute says that any person exposing their private parts in a public place or in any place where others are present who might be offended is committing a criminal offense. 

For example, exposing the female breasts on a bus without the consent of everyone present is a lewd act under PC 314. However, revealing them in a strip club is not (presumably because people are there for the show). 

Lewd Acts As Misdemeanors

California Penal Codes 647(a) and 314 consider most charges misdemeanors. However, offenders must register on the sex offender list (often a life-long mandate). This requirement only applies to Section 314 offenses, but many courts will add it to Section 647(a) offenses to ensure registration goes ahead. 

Unfortunately, the consequence of a lewd misdemeanor can be substantial and include weighty consequences. Sex offender registration may go along with other restrictions, including staying away from the area where the offense took place and seeking counseling. 

Lewd Acts As Felonies

Lewd acts with children under 14 are always felonies in California, whether or not you use force. Punishments include up to a $10,000 fine, eight years in state prison, or both. 

Lewd acts with children between the ages of 14 and 16 with a minimum ten-year age difference are “wobbler” crimes. Courts may convict you of a misdemeanor or felony depending on the facts. Misdemeanors come with a one-year maximum prison sentence, while felonies are three years. 

Lewd acts that only involve adults are less likely to become felonies. California does not condone indecent exposure or public sexual acts but the statutes on the books mean most crimes are misdemeanors. 

However, some exceptional circumstances might involve felony charges. For example, using force or coercion when behaving lewdly could become a felony sex crime. People in specific professions might also face additional punishments, such as university lecturers exposing their genitals to their adult students. 

Lewd Acts Involving Children

California Penal Code 288 deals with lewd acts involving children, a more complex area of the law. The penal code says that a lewd act occurs when: 

• You intentionally violated the law
• You touched a part of the child’s body either on the bare skin or through clothes or caused touching to take place by getting another person or child to do it
• You intended to touch the child for reasons relating to sexual gratification
• The child was under the age of 14 (different rules apply for children under the age of 16)

California doesn’t allow children to consent to sexual touching or lewd acts. Therefore, arguing consent is not a valid defense in the state. 

Furthermore, you can’t say you didn’t know the child’s age as a defense. If you want to engage in sexual activity, the law says you must first ascertain proof of age. 

However, you can claim mistaken age in instances of attempted lewd acts. For example, you might try to get a child to grope you but call it off when you realize they are under 14. 

Child Injuries

Lewd acts against children involving force and fear are a more serious crime in California. The law increases the maximum prison length to ten years in addition to the fines described above. 

If the child receives an injury after the use of force, Section 288 permits life imprisonment. The severity of the injuries and additional counts can add five years to the prison sentence on top of the basic tariff.

Delving into the World of Lewd Acts

Understanding lewd acts abstractly is one thing, but going through examples is often more instructive. It helps to solidify how the law works. Here are some situations that describe when lewd acts occur, and when they don’t.

Example 1: You Didn’t Mean To Touch A Child Lewdly

Suppose you are a football coach and spend a lot of time helping young people perfect their technique. Because of this, you need to stand close to them and model movements for them, guiding their arms and legs as appropriate. 

Now suppose you fall over while guiding a student’s activities. As you do so, you reach out and grab whatever is nearby instinctively, which happens to be their genitals. Parents might see this and press charges against you. Is it a lewd act? 

The answer is “no” because there was no “wilful intention” to touch the child for sexual gratification. You were simply trying to stop the fall and panicking in the process. 

Example 2: You Deliberately Exposed Yourself On The Train

You are on the train and you find another passenger attractive. Instead of introducing yourself verbally, you expose your genitals as a display of affection. The other passenger complains and points out your activities to witnesses before going to the police to report the crime. 

In this case, courts will likely find you guilty of lewd conduct. You didn’t touch, assault, or penetrate the victim, but you still committed an act of indecent exposure wilfully. It may also have been for sexual gratification. 

Example 3: You Didn’t Touch The Victim But Someone Close To You Did

You are standing in a crowd at a music concert with people all around you, pressing up against you. During the fun, another person touches the genitals of the woman standing next to you while you make eye contact with her. She believes it is you and storms out of the crowd because of the violation, reporting you to the police. 

In this situation, the victim incorrectly identified you as the attacker. Under California law, courts should examine the evidence and acquit you if there is no clear indication the groping party was you. At the same time, they should arrest the other perpetrator in the crowd and charge them with a lewd act. 

Example 4: You Touched Someone But Weren’t Sexually Motivated

You are at the site of an accident and the female victim is lying on the floor injured and unable to move. She says she can’t breathe and asks you to remove her tight clothing. As you do so, you accidentally touch her breasts and she reports you to the police. 

In this instance, sexual touching occurred, but it was not a lewd act because it was not for sexual gratification. Instead, it was accidental or necessary to remove the garment. 

Example 5: You Are The Victim Of An Illegal Police Raid

Finally, suppose you deliberately touch a neighbor’s child and take photos of the act. Later, the victim’s parents tell the local police who are their friends who then raid your home to find the evidence to convict you, arresting you at the same time. 

In this case, you did commit a lewd act because it was wilful and for sexual gratification. However, the police violated the law by entering your property without a warrant. 

In this case, courts may acquit you under the Fourth Amendment. Police can sometimes raid homes if they believe there is clear and extreme damage to the public and must obtain the evidence immediately, but that wasn’t the case in this situation. Therefore despite doing something wrong, courts will not apply punishment. 

Defenses Against Lewd Acts In California

California law permits various lewd act defenses to protect individuals from wrongful convictions. Interestingly, you can take numerous paths (preferably with the help of a lawyer). 

• Lack of criminal intent – showing you did not deliberately commit a lewd act can help bolster your case
• Mistaken age – in some cases, you can argue you did not know the victim’s age before attempting a lewd act
• False allegations – if you can prove you were somewhere else at the time, courts may acquit you
• Police entrapment – if police force you to commit a lewd act through pressure or persuasion, courts may recognize it as entrapment
• Lack of evidence – the victim’s testimony alone isn’t always enough to deliver a conviction
• No public exposure – the alleged indecency did not take place in a public area or you had a reasonable expectation of privacy at your location

Wrapping Up

If you’ve been arrested because of an alleged lewd act contact Future Bail Bonds. Our team can provide the cash bail you need to get out of jail and back on with your life.