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If your attorney can establish that police entrapment existed at the time of your citation, he will likely be able to have your charges dismissed. But using pressure, fraud, threats, harassment, or flattery can lead to a valid claim of police entrapment. Simply initiating criminal activity, or creating an opportunity to commit a crime, does not generally result in entrapment.
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California entrapment laws prohibit police officers from tempting a “normally law-abiding citizen” to commit a crime that they were not otherwise predisposed to commit. If you believe you are a victim of such police entrapment or embellishment of facts regarding a lewd conduct charge, you should contact a defense attorney right away. But these sting operations can happen in a wide variety of locations, including but not limited to public bathrooms, alleys, shopping malls, public parks, public beaches, adult books stores and fitness centers. But, unfortunately, in many cases, police officer aggrandize, embellish, and sometimes even lie in order to make a situation appear worse than it actually was.Ī common Los Angeles location for these lewd conduct sting operations happens to be the very popular Griffith Park. Many times, the arrested person does nothing more than make eye contact and “cruise” the decoy officer as he drives by. Sometimes, people arrested under a lewd conduct charge have never actually engaged in “lewd or dissolute conduct” as defined by law. Sometimes, the situation results in a clear case of police entrapment. Then, when they see you expose yourself, propose some sexual act, or masturbate they arrest you. These decoy police officers then try to tempt you into sexual behavior. In these situations, decoy police officers pose as gay men in adult bookstores, bathrooms, and parks. Many arrests for lewd conduct take place as a result of undercover sting operations. THE UNFORTUNATE REALITY OF A LEWD CONDUCT CHARGE: There needs to be an actual likelihood that third person are or will be present** **The mere possibility of someone else seeing you is insufficient.
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You knew or reasonably should have known that another person who might have been offended by your actions, was present Someone else who may have been offended by your actions was present ANDĥ. >Your office, your home, and your hotel room are not considered public places, unless your door/window/curtains are open making your activities open to public view.Ĥ.
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Examples of a public place include a car parked on a public street, a private movie booth at an adult bookstore, a common hallway in an apartment building or office building, a massage parlor, and the area behind the service counter in a men’s clothing store. At the time the alleged touching took place, you were in a public place, or a place open to the public or public view.The touching was with the intent to sexually arouse or gratify either yourself or another person, OR to annoy or offend another person.Willfully engaged in touching your own, or another person’s genitals, buttocks or female breasts.To be convicted of a lewd conduct charge, the prosecutor must prove that you… It only becomes “lewd conduct” if you know, or you reasonably should have known, that there is most likely someone else present, or someone else watching who would be offended by your conduct. Interestingly, sexual activity, even if done in a public place, is not considered a lewd conduct crime. Lewd conduct is defined as touching your private parts or someone else’s private parts, if you do so for one of the following reasons:įor the purposes of a Lewd Conduct charge, Private parts refers to the buttocks, genitals, or the female breasts.