San Bernardino Lewd Acts/Lewd Acts with a Minor Attorney

Defending Californians who have been charged with lewd acts or lewd acts with a minor in San Bernardino.

Engaging in lewd acts in a public place where people are present or would be offended by your act is a crime in California. These crimes are handled harshly and can damage your reputation. If you are facing charges of lewd conduct, The Law Offices of David S. Chesley can help. Our criminal defense attorneys in San Bernardino have decades of experience working on these cases and are largely successful in getting the charges reduced or dropped.

What are Lewd Acts?

Penal Code 647(a) makes it a crime to solicit or engage in a lewd act in a public place. A lewd act is defined as touching your private parts or someone else’s private parts for sexual purposes. “Private parts” include the genitals, buttocks or female breasts.

To be found guilty of this crime, the prosecutor must prove the following:

• You wilfully engaged in or solicited someone in sexual acts for the purpose of sexual gratification
• You were in a public place or within public view at the time
• You were aware that you were in a public place or in the presence of other people

This law is very clear about being in the presence of other people. Sexual activity, even in a public place, is not necessarily a crime. It is considered lewd conduct when you know that there are others around that are likely to see you or be offended by your act.

Penalties for Lewd Act Crimes in San Bernardino

If you are charged with lewd acts, you need the best sex crimes attorneys in San Bernardino. Though PC 647(a) is a misdemeanor, the penalties are severe and can include jail time and monetary fines. Not to mention, there is a lot of embarrassment with these cases.

Here are the possible penalties for being convicted of lewd conduct:

• Up to six months in county jail
• Fine up to $1,000
• Completion of a sexual rehabilitation program

Additionally, it’s important to be aware that PC 647(a) is often charged with California’s indecent exposure law (Penal Code 314). A conviction for lewd acts does not require a person to register as a sex offender, but Penal Code 314 does. So, if you are found guilty of indecent exposure as well, you may have to register as a lifetime sex offender.

What are Lewd Acts with a Minor?

A lewd act with a minor involves touching a child for sexual purposes or asking a child to touch themselves or someone else for sexual gratification. A minor child is considered under age 16 in this instance, though most of these cases involve children younger than 14.

Penalties for Lewd Act Crimes with a Minor in San Bernardino

Under Penal Code 288(a), it is against the law to engage in lewd or lascivious acts on a child under the age of 14. Because this part of the law deals with children, the penalties are more severe. However, many factors are taken into consideration in these cases, including the age of the victim, whether force or threats were used and if you have a pattern of lewd acts.

Here are the penalties for lewd acts with a minor:

Will You Have to Register as a Sex Offender?

If you are convicted under Penal Code 288, you are required to register as a sex offender in San Bernardino. The sex offender registry is moving to a tiered system where offenders can be placed in Tier 1, Tier 2 or Tier 3. The minimum registration period for a Tier 1 sex offender is 10 years. A Tier 2 sex offender stays on the list for 20 years, and Tier 3 offenders are on it for life.

Typically, people who have committed lewd acts on a minor will be placed in Tier 2 and will have to register as a sex offender for 20 years. Those on Tier 3 are repeat offenders and any conviction under PC 288(b)(i).

Legal Defenses for Lewd Acts

By working with our criminal defense firm in San Bernardino, you will get the best legal representation for your case. There are several legal defenses that prove successful for lewd conduct cases, such as insufficient evidence, false allegations or consensual touching. We take lewd acts on a child particularly seriously because of the stigma associated with the crime. In some cases, innocent people are wrongfully accused or may have accidentally touched a child with no intent to cause sexual arousal.

Address Your Concerns in a Free Consultation

The Law Offices of David S. Chesley have a team of affordable criminal defense attorneys in San Bernardino. With over 50 years of courtroom experience, we are often successful in reducing sex crimes charges. A conviction can ruin your reputation and make it difficult to get a job, befriend the neighbors or coach your child’s Little League team. Don’t let one poor judgement call ruin your life. Call our San Bernardino sex crimes lawyers today for a consultation.