Lewd or lascivious conduct refers to any sexual behavior that offends the community or goes against the expected norms of decency. Although it may involve all people, most cases involving lascivious conduct involve minors. When prosecuting cases of lewd or lascivious acts, prosecutors do not necessarily look for evidence of sexual penetration. You can face serious criminal charges for intentionally and criminally groping a child.

This is a sex crime under California law that is generally treated as a felony. It could result in a lengthy prison sentence, depending on the victim’s age and whether or not you used force or violence. A severe form of this crime can result in a mandatory requirement to register as a sex offender. A skilled criminal defense attorney can help you understand the seriousness of your charges, possible penalties, and the best defense strategies for a favorable outcome.

The Legal Definition of Lewd or Lascivious Conduct under California Law

Sex crimes are considered serious under California law. This is evidenced by the kinds of penalties they attract upon conviction. A sex crime becomes serious if it involves a minor, a vulnerable person, or a dependent adult who cannot defend themselves. You can also face serious sex crime charges for severely injuring a victim or using force or violence against them.

Lewd or lascivious conduct is a common crime, mostly perpetrated against minors. It involves any unlawful sexual behavior that violates a community’s norms of decency.

Both ‘lascivious’ and ‘lewd’ mean offensive sexual desires. Lewd is defined as behavior that is sexually lustful or unchaste. Its synonyms include such words as indecent, vulgar, obscene, and lascivious. On the other hand, lascivious means a conduct that is sexually lustful or arousing. Its synonyms include such words as vulgar, prurient, and pornographic. Since both have similar names, they are used together to make certain kinds of behaviors unlawful under California law.

In this case, only a specific kind of behavior is considered lascivious or lewd. This means that prosecutors file charges on a case-by-case basis. They only consider how sexually offensive a person’s conduct is in relation to what society considers normal, to file charges. Thus, you will likely face criminal charges for lewd or lascivious conduct if your actions go beyond the expected or accepted sexual desire.

Remember that this crime is committed when a person’s actions depict offensive sexual desires. That is why prosecutors mainly file charges against adults who commit lascivious or lewd battery against minors (individuals below 18). The law protects a minor because they lack the required capacity to consent to sexual advances or acts. This is because they are not mentally capable of understanding sexual activity. Any adult who engages in sexual conduct with a minor is guilty of a serious sex crime, according to the nature and circumstances of their actions.

Additionally, sexual conduct against minors can result in physical, psychological, and emotional trauma. Children lack the mental capacity to process or deal with strong emotions. Thus, those who are exposed to sexual acts at a young age struggle to cope in adulthood. Some of the actions that can result in serious lewd or lascivious conduct charges include:

  • Intentional groping
  • Indecently exposing your genitalia
  • Sexual contact or touching another person
  • Causing another person to touch you sexually
  • Forcing or convincing other people to sexually touch each other

The Elements of the Offense

In a criminal case,the prosecutor bears the burden of proof. They must prove all the elements of the crime beyond a reasonable doubt for a court to find a defendant guilty. If you face charges for lewd or lascivious conduct, the prosecutor must prove all the elements of this crime for you to get a guilty verdict. These elements, as under California law, include the following:

  • That you engaged in an offensive sexual act with another person or people (the sexual act can be one or more of the actions listed above)
  • Your actions were willful or intentional (this is what proves that you are guilty of lewd or lascivious molestation). Your actions must not be accidental.
  • The purpose of your behavior was for sexual arousal or to satisfy a sexual desire. However, it does not really matter whether your actions actually caused sexual arousal.

Note: Remember that sexual penetration is not necessary to face charges or a guilty verdict for lewd and lascivious acts. Sexual penetration is not always needed to prove that a person engaged in sexual conduct. Actually, penetration turns a lewd behavior into a more serious crime, like sexual assault, rape, or sexual battery.

If you engage in sexual behavior with a child, and the behavior includes sexual penetration, the prosecutor will file more serious charges against you. Examples include statutory rape, aggravated sexual assault of a minor, or oral copulation of a minor. All these are serious felonies that result in more severe penalties than lewd acts with a minor.

Thus, if you face criminal charges for lewd and lascivious behavior today, you need the help of a competent attorney to understand the nature and severity of your charges. Your attorney will explain the legal implications of your charges and possible penalties. They can negotiate with the prosecutor for a plea deal before trial, or plan a solid defense to secure a favorable verdict. An attorney will also defend your rights and help you navigate the complex court process successfully.

Possible Penalties for Lewd and Lascivious Acts

Lewd or lascivious conduct is a felony, meaning its penalties are generally severe. However, the severity of your penalties will be based on the following:

  • The specific nature of your actions
  • The age of your alleged victim
  • Your criminal history
  • Other facts surrounding your case
  • If you used force or violence to commit the crime

Generally, lewd or lascivious conduct is considered more severe if it involves a minor aged 14 or younger. If your victim is 15 or older, but still a minor, and you have an age difference of at least ten years, the prosecutor can treat your crime as a wobbler. This means that they can file misdemeanor or felony charges against you. A misdemeanor conviction is generally punished by a one-year jail sentence.

On the other hand, if the victim is 14 or younger, and your conduct caused them to sustain a serious bodily injury, you could face life imprisonment.

According to PC 288, here are the penalties for lascivious conduct:

Penalties If The Victim is Younger than 14

Remember that lewd or lascivious conduct against a minor aged 14 or younger is considered child molestation. In this case, you will receive the following penalties:

  • Three, six, or eight years in prison and $10,000 in court fines (this is the standard penalty, without aggravating factors)
  • Five, eight, or ten years in prison if you used force or duress to commit the crime (PC 288(b))
  • Six, twelve, or sixteen years in prison for continuous sexual abuse of a minor, according to PC 288.5. This sentence applies when you have at least three prior acts within three months of the current

Additionally, a conviction under this statute comes with a mandatory requirement to register as a sex offender under PC 290. The sex offender registry is publicly accessible, meaning that anyone who runs a background check on your name will likely find out about your conviction. This can influence how people treat you, especially employers, landlords, loan lenders, and insurance providers. Failure to register is a crime that attracts a prison sentence of up to three years.

Lewd or lascivious conduct with a minor aged 14 or younger is also a strike under the Three Strikes Law. This means that it will affect your penalties for subsequent strikes on your record. If this is your first strike, your penalties will not change, as under the law. However, if it is your second strike, your penalties will be twice those provided for the crime under the law. If this is your third strike, your penalties automatically become 25 years to life imprisonment.

Penalties if the Victim is aged 14 to 15

The penalties under PC 288(c) apply when your victim is aged 14 or 15, and you are at least ten years older than them. In this case, the crime is a wobbler. A misdemeanor is punishable by one year in jail, while a felony is punishable by three years in prison.

Engaging in Lewd Conduct in Public

This is a crime under Pc 647(a). It happens when you engage in lewd or lascivious conduct in a public place, or in a place where you are exposed to public view. The crime is generally a misdemeanor, punishable by up to 6 months in jail and a $ 1,000 fine. You could be required to register as a sex offender, depending on the specific circumstances of your case and your conviction.

Other Possible Consequences

Only a few cases of lewd or lascivious conduct qualify for probation, whether misdemeanor or felony. This means that prison sentences are mandatory for most defendants convicted of the offense. This results in life-changing consequences, including job loss, loss of educational opportunities, and loss of support from family and friends. Starting life after a lengthy prison sentence can be challenging, especially after getting a permanent criminal record. It could be difficult to find a job, reinstate, or obtain a professional license.

A felony conviction for a sex crime can have graver consequences if you are an immigrant. You could face deportation or be deemed inadmissible to the United States.

Possible Defenses for Lewd or Lascivious Conduct

Fortunately, you can fight your charges in court to avoid a conviction and the severe consequences that follow. A skilled criminal attorney can help you with this. They can negotiate for a plea deal with the prosecutor for a more favorable conviction or use their best defense strategies to influence the court’s decision. An attorney will also fight for your rights and appeal the case if the outcome is unfair or unfavorable.

Here are some of the best strategies your skilled attorney can use to obtain a reasonable outcome in your case:

Your Actions Were Accidental

If you are accused of lewd or lascivious acts because of an accidental physical contact with an alleged victim, you can use this defense strategy to convince the court to dismiss your charges. Remember that for a lewd or lascivious act to become criminal, you must have acted willfully or intentionally for sexual arousal. The prosecutor must prove that your actions were indeed intentional and not accidental. You can counter their allegations if your actions were accidental.

For example, if someone pushes you and you accidentally touch another person’s private part while trying to avoid a fall, your actions are accidental and not intentional. If you convince the court that you did not act intentionally, it can dismiss your charges.

You Did Not Have Sexual Desires

Sexual desire or sexual arousal is a requirement for any behavior considered lewd or lascivious. The prosecutor must prove that you acted the way you did to satisfy a sexual desire or lust. If this is not the case, the court can dismiss your charges.

Example: Chris’s neighbor, Maryann, accuses him of lascivious conduct with her five-year-old daughter, Chloe. This happens after Chloe reports to her mother that Chris lifted and played with her while she was out playing. It turns out Chris is a child psychologist who generally enjoys working with children. A review of the surveillance cameras around the neighborhood later proves that Chris’ behavior was generally harmless and not intended for sexual satisfaction.

You Are Falsely Accused

False accusations are very common, especially for serious crimes like sex crimes. In cases where minimal or zero physical evidence is needed to prove a case, a person can successfully accuse another of a serious sex crime like lewd conduct with a minor, out of anger, jealousy, or to get even with them.

Fortunately, a skilled attorney can help you if you face false accusations for a crime that can result in a serious penalty. They can use your alibi, bring in eye witnesses, or use pictures or videos from surveillance cameras to prove your innocence.

Also, they can create reasonable doubt in the prosecutor’s case, making it difficult for the prosecutor to prove the case beyond a reasonable doubt.

You Are Mistakenly Accused

This can happen if a crime happens in the dark or the victim is too young to identify the perpetrator properly. If you look physically like the perpetrator, are related to or work with them, it is possible for a victim to mistakenly accuse you as the perpetrator instead of the actual perpetrator. A child can also give the wrong description of the perpetrator to the police due to trauma, leading to a wrongful arrest.

In this case, a skilled attorney will use compelling evidence to convince the court to dismiss your charges. They can use your alibi, witness accounts, or surveillance camera videos and pictures. If they have proof that you did not commit the crime, the court will dismiss your charges.

The Police Committed Misconduct

You can receive a favorable outcome in your case regardless of the strength of evidence against you if there was police misconduct. Generally, the police are legally guided in conducting arrests, interrogations, and investigations. If one or more officers violated your rights in any of these processes, you can use it to your advantage during the trial.

For example, the police are required to be reasonable during interrogations. If they use force, fraud, or coercion, the confession may be inadmissible at trial. The arresting officer is also expected to read and explain your Miranda rights during the arrest. If this does not happen and the officer violates your right to an attorney or your right to remain silent during questioning, your confession may be rendered inadmissible in court.

Thus, you should explain the details of your arrest and interrogation to your attorney to ensure the police acted appropriately. If there was a violation of your rights and compelling evidence was gathered through that violation, a skilled attorney will file a motion to suppress or exclude that evidence from the court. This will leave the prosecutor with insufficient evidence to prove your case beyond a reasonable doubt, resulting in a case dismissal.

Find Competent Criminal Defense Services Near Me

If you face criminal charges for lewd or lascivious conduct in Los Angeles, hire a skilled criminal defense attorney immediately. They will explain the legal implications of your charges, possible penalties, and the best strategy to avoid a conviction or severe penalties. A skilled attorney will also inform you of your rights and defend them, and help you navigate complex court processes.

At Los Angeles Criminal Attorney, we handle all kinds of sex crimes. Thus, we know how serious they are and the kinds of defense strategies that can result in a favorable outcome. Call us at 424-333-0943 to discuss your case and our services further.