In California criminal law, the term “lewd” refers to sexually explicit behavior done with the intent to sexually arouse, gratify, or appeal to sexual desires—either your own or someone else’s.
Under state law, lewd acts generally involve touching intimate body parts (including genitals, breasts, or buttocks) with sexual intent. Lewd acts can occur between people or can involve conduct observed by others. Intent and sexual motivation are key elements that prosecutors must prove to secure a conviction.
If you or someone close to you is facing charges or an investigation, it’s a great idea to speak with a skilled criminal defense attorney. Your attorney will review the details of the case with you and will provide you with advice to help you preserve your freedom.
Common charges involving ‘lewd acts’
Lewd or lascivious acts upon a child – California Penal Code 288 PC
One of the most serious offenses involving lewd behavior under California law is committing a “lewd or lascivious act upon a child”, detailed in California Penal Code 288 PC. Specifically, it criminalizes any lewd act involving someone under 14 years old or, in certain circumstances, minors aged 14 to 15 if the perpetrator is significantly older.
Under California Penal Code 288, prosecutors must show several elements to convict someone of a lewd act with a minor:
- The accused touched a child’s body (or caused the child to touch themselves or another person) on bare skin or through clothing.
- The touch was done with sexual intent or purpose.
- The minor was under the legally defined age limits (typically under age 14).
This charge does not require that sexual intercourse or penetration occurs — simply inappropriate or sexualized touching can trigger prosecution.
Lewd acts with minors carry severe consequences. They are considered felonies under California law, punishable by lengthy prison sentences (up to eight years per offense), mandatory registration as a sex offender, and restrictions on where the convicted person can live or work.
Lewd conduct in public in California – California Penal Code 647(a) PC
Lewd conduct in public, governed by California Penal Code Section 647(a), is another common offense involving sexual behavior. Unlike lewd acts with minors, lewd conduct in public is generally a misdemeanor charge. However, it can still have significant impacts on your life, especially in terms of your personal reputation and criminal record.
Lewd conduct in public includes any act involving sexual gratification or sexual activity conducted openly or in a place where others could witness the behavior. Common examples include public sexual activity or indecent exposure. To convict someone of lewd conduct in public under Penal Code 647(a), the prosecution must demonstrate:
- The accused engaged in lewd or sexual activity in a public place.
- The accused intended the conduct for sexual gratification, arousal, or to offend others.
- The defendant reasonably knew or should have known others were likely to observe the conduct.
Penalties typically involve misdemeanor charges, probation, community service, fines, and potentially a short jail sentence. Unlike certain sex offenses, conviction does not automatically require sex offender registration, but the lasting consequences on reputation and employment can still be serious.
Defenses against charges involving lewd conduct
Because accusations involving lewd behavior often rely heavily on witness testimony, perception and intent, there are a number of strong defenses that an experienced criminal defense attorney can raise:
- Lack of sexual intent – One primary defense is that the conduct was not intended to be sexually gratifying or motivated by sexual desire. Without sexual intent, actions might be inappropriate, but they may not meet California’s definition of “lewd.”
- False accusations or mistaken identity – Unfortunately, false or mistaken allegations happen. Establishing inconsistencies, motives to lie, or identification errors can significantly undermine the prosecution’s case.
- No likelihood of public observation – In public lewdness cases, it must be shown that the conduct took place somewhere where others would reasonably be expected to observe it. If the act occurred privately or where exposure to others was unlikely, the charge may fail.
- Lack of sufficient evidence – The prosecutor must clearly establish intent and actual inappropriate conduct. Weaknesses in evidence—like unclear surveillance footage or unreliable witness statements—can result in acquittal or dismissal.
What should you do if you are facing lewd conduct charges?
If you’ve been accused of or charged with lewd conduct in California, avoid speaking directly with law enforcement or investigators without an attorney, as even well-intentioned statements can hurt your case.
Gather any potential evidence or documentation that could clarify your position, and consult an experienced defense attorney immediately.
The faster your legal counsel intervenes, the greater your opportunity to minimize or even dismiss charges altogether.
Contact Helfend Law Group immediately
Charges involving lewd behavior can dramatically affect your freedom, reputation, career, and family life. Because of the severity of penalties, including long-term incarceration and sex offender registration, you need the strongest possible defense. At Helfend Law Group, we have decades of experience successfully handling sex crime allegations throughout California.
If you or someone you love is under investigation or facing charges for lewd conduct, contact Helfend Law Group at 800-834-6434 for a confidential, no-cost consultation. We can carefully review your case, answer your questions, and build a strategy to protect your rights and future.
Published March 10, 2025.