Lewd Conduct

Lewd Conduct A related offense to indecent exposure is the offense of lewd or sexually explicit conduct in public. It is a misdemeanor to engage in, “lewd or dissolute conduct in any public place or a place open to public view.”1  Like indecent exposure the explicit conduct must be sexually motivated. The intent of those involved in performing the public acts must be for their own sexual arousal or for that of others who may be witnessing those acts. One example would be a man and woman having sexual intercourse in a public place, or a place open to public view, and the actual or potential presence of someone likely to be offended.

Another related misdemeanor is to loiter or to remain in or about a public toilet, “for the purpose of engaging in or soliciting … [a] lewd or lascivious … act.”2  The offense doesn’t require the actual commission of any specific act other than being in or about a public restroom for the sole purpose of committing a lewd or sexual act or attempting to persuade another to engage in a lewd act.





1 Section 647(d) of the California Penal Code
2 Section 647(d) of the California Penal Code