California Soliciting Lewd Conduct Defense Attorneys

California Law: Soliciting Lewd Conduct

California Penal Code Section 647(a) defines the offense of lewd conduct as either engaging in lewd conduct, or soliciting a third party to engage in lewd conduct. Below is the California Judicial Council's jury instruction defining the second of these, soliciting lewd conduct:

The defendant is charged with soliciting another person to engage in lewd conduct in public.

To prove that the defendant is guilty of this lewd conduct offense, the People must prove that:

1. The defendant requested that another person engage in the touching of his or her own or another person's genitals, buttocks, or female breast;

2. 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;

3. The defendant intended for the conduct to occur in a public place or a place open to the public or to public view;

4. 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;

5. When the defendant made the request, a third person who might have been offended by the conduct was present;

[AND]

6. The defendant knew or reasonably should have known that someone who might have been offended by the conduct was present;

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