Soliciting Lewd Conduct in Public
There are two variants of "Lewd Conduct in Public" under California Penal Code 647(a): (1) engaging in lewd conduct, or (2) soliciting a third party to engage in lewd conduct.
Engaging in lewd conduct means to touch your private parts, or another person's private parts, for sexual arousal when you know or reasonably should know of the presence of a third party who would take offense. Soliciting lewd conduct is to solicit another person to engage in such an act.
Below is the California Judicial Council's jury instruction defining Penal Code 647(a) solicitation of lewd conduct:
To prove that the defendant is guilty of this lewd conduct offense, the People must prove that:
- The defendant requested that another person engage in the touching of his or her own or another person's genitals, buttocks, or female breast;
- The defendant requested that the other person engage in the requested conduct in (a public place or a place open to the public or to public view;
- The defendant intended for the conduct to occur in a public place or a place open to the public or to public view;
- When the defendant made the request, he did so with the intent to sexually arouse or gratify himself or another person, or to annoy or offend another person;
- When the defendant made the request, a third person who might have been offended by the conduct was present;
- The defendant knew or reasonably should have known that someone who might have been offended by the conduct was present;
[AND]
