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San Bernardino Lewd Conduct Defense Attorney

Pre-charge Investigation-Lewd Conduct


Are you being investigated by San Bernardino law enforcement for Lewd Conduct. It is vitally important that you do not talk to law enforcement without the presence of an experienced San Bernardino criminal defense attorney present at the time of questioning. Many times individuals will hire a San Bernardino criminal defense attorney to represent them during a Lewd Conduct investigation. Law enforcement is trying to build a case against you and the easiest way to do this is by talking to you directly. Call our San Bernardino, Rancho Cucamonga and California Lewd Conduct lawyer today to discuss pre-charge representation.


Rancho Cucamonga Lewd Conduct Attorney


There are serious consequences to a Lewd Conduct conviction in the state of California. We are a San Bernardino based criminal defense law office that is dedicated to assisting individuals accused of Lewd Conduct throughout the state of California, San Bernardino, Rancho Cucamonga, Fontana, Chino, Riverside, and Los Angeles county. We always offer a FREE San Bernardino Lewd Conduct consultation. Call today and discuss your California Lewd Conduct case with our San Bernaridno Criminal defense attorney today.

California Penal Code 647


California Penal Code 647 is a large and varying penal code statute. You may be investigated or charged under the various sections of California Penal Code 647. You should consult with a California Lewd Conduct lawyer to determine defenses and possible Lewd Conduct charges. Call today for a FREE Lewd Conduct Consultation throughout California.

Here is the entire statute of California Penal Code 647

	
Every person who commits any of the following acts is guilty


of disorderly conduct, a misdemeanor:


(a) Who solicits anyone to engage in or who engages in lewd or


dissolute conduct in any public place or in any place open to the


public or exposed to public view.


(b) Who solicits or who agrees to engage in or who engages in any


act of prostitution. A person agrees to engage in an act of


prostitution when, with specific intent to so engage, he or she


manifests an acceptance of an offer or solicitation to so engage,


regardless of whether the offer or solicitation was made by a person


who also possessed the specific intent to engage in prostitution. No


agreement to engage in an act of prostitution shall constitute a


violation of this subdivision unless some act, in addition to the


agreement, is done within this state in furtherance of the commission


of an act of prostitution by the person agreeing to engage in that


act. As used in this subdivision, "prostitution" includes any lewd


act between persons for money or other consideration.


(c) Who accosts other persons in any public place or in any place


open to the public for the purpose of begging or soliciting alms.


(d) Who loiters in or about any toilet open to the public for the


purpose of engaging in or soliciting any lewd or lascivious or any


unlawful act.


(e) Who lodges in any building, structure, vehicle, or place,


whether public or private, without the permission of the owner or


person entitled to the possession or in control of it.


(f) Who is found in any public place under the influence of


intoxicating liquor, any drug, controlled substance, toluene, or any


combination of any intoxicating liquor, drug, controlled substance,


or toluene, in a condition that he or she is unable to exercise care


for his or her own safety or the safety of others, or by reason of


his or her being under the influence of intoxicating liquor, any


drug, controlled substance, toluene, or any combination of any


intoxicating liquor, drug, or toluene, interferes with or obstructs


or prevents the free use of any street, sidewalk, or other public


way.


(g) When a person has violated subdivision (f), a peace officer,


if he or she is reasonably able to do so, shall place the person, or


cause him or her to be placed, in civil protective custody. The


person shall be taken to a facility, designated pursuant to Section


5170 of the Welfare and Institutions Code, for the 72-hour treatment


and evaluation of inebriates. A peace officer may place a person in


civil protective custody with that kind and degree of force which


would be lawful were he or she effecting an arrest for a misdemeanor


without a warrant. No person who has been placed in civil protective


custody shall thereafter be subject to any criminal prosecution or


juvenile court proceeding based on the facts giving rise to this


placement. This subdivision shall not apply to the following persons:




(1) Any person who is under the influence of any drug, or under


the combined influence of intoxicating liquor and any drug.


(2) Any person who a peace officer has probable cause to believe


has committed any felony, or who has committed any misdemeanor in


addition to subdivision (f).


(3) Any person who a peace officer in good faith believes will


attempt escape or will be unreasonably difficult for medical


personnel to control.


(h) Who loiters, prowls, or wanders upon the private property of


another, at any time, without visible or lawful business with the


owner or occupant. As used in this subdivision, "loiter" means to


delay or linger without a lawful purpose for being on the property


and for the purpose of committing a crime as opportunity may be


discovered.


(i) Who, while loitering, prowling, or wandering upon the private


property of another, at any time, peeks in the door or window of any


inhabited building or structure, without visible or lawful business


with the owner or occupant.


(j) (1) Any person who looks through a hole or opening, into, or


otherwise views, by means of any instrumentality, including, but not


limited to, a periscope, telescope, binoculars, camera, motion


picture camera, or camcorder, the interior of a bedroom, bathroom,


changing room, fitting room, dressing room, or tanning booth, or the


interior of any other area in which the occupant has a reasonable


expectation of privacy, with the intent to invade the privacy of a


person or persons inside. This subdivision shall not apply to those


areas of a private business used to count currency or other


negotiable instruments.


(2) Any person who uses a concealed camcorder, motion picture


camera, or photographic camera of any type, to secretly videotape,


film, photograph, or record by electronic means, another,


identifiable person under or through the clothing being worn by that


other person, for the purpose of viewing the body of, or the


undergarments worn by, that other person, without the consent or


knowledge of that other person, with the intent to arouse, appeal to,


or gratify the lust, passions, or sexual desires of that person and


invade the privacy of that other person, under circumstances in which


the other person has a reasonable expectation of privacy.


(3) (A) Any person who uses a concealed camcorder, motion picture


camera, or photographic camera of any type, to secretly videotape,


film, photograph, or record by electronic means, another,


identifiable person who may be in a state of full or partial undress,


for the purpose of viewing the body of, or the undergarments worn


by, that other person, without the consent or knowledge of that other


person, in the interior of a bedroom, bathroom, changing room,


fitting room, dressing room, or tanning booth, or the interior of any


other area in which that other person has a reasonable expectation


of privacy, with the intent to invade the privacy of that other


person.


(B) Neither of the following is a defense to the crime specified


in this paragraph:


(i) The defendant was a cohabitant, landlord, tenant, cotenant,


employer, employee, or business partner or associate of the victim,


or an agent of any of these.


(ii) The victim was not in a state of full or partial undress.


(k) In any accusatory pleading charging a violation of subdivision


(b), if the defendant has been once previously convicted of a


violation of that subdivision, the previous conviction shall be


charged in the accusatory pleading. If the previous conviction is


found to be true by the jury, upon a jury trial, or by the court,


upon a court trial, or is admitted by the defendant, the defendant


shall be imprisoned in a county jail for a period of not less than 45


days and shall not be eligible for release upon completion of


sentence, on probation, on parole, on work furlough or work release,


or on any other basis until he or she has served a period of not less


than 45 days in a county jail. In all cases in which probation is


granted, the court shall require as a condition thereof that the


person be confined in a county jail for at least 45 days. In no event


does the court have the power to absolve a person who violates this


subdivision from the obligation of spending at least 45 days in


confinement in a county jail.


In any accusatory pleading charging a violation of subdivision


(b), if the defendant has been previously convicted two or more times


of a violation of that subdivision, each of these previous


convictions shall be charged in the accusatory pleading. If two or


more of these previous convictions are found to be true by the jury,


upon a jury trial, or by the court, upon a court trial, or are


admitted by the defendant, the defendant shall be imprisoned in a


county jail for a period of not less than 90 days and shall not be


eligible for release upon completion of sentence, on probation, on


parole, on work furlough or work release, or on any other basis until


he or she has served a period of not less than 90 days in a county


jail. In all cases in which probation is granted, the court shall


require as a condition thereof that the person be confined in a


county jail for at least 90 days. In no event does the court have the


power to absolve a person who violates this subdivision from the


obligation of spending at least 90 days in confinement in a county


jail.


In addition to any punishment prescribed by this section, a court


may suspend, for not more than 30 days, the privilege of the person


to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle


Code for any violation of subdivision (b) that was committed within


1,000 feet of a private residence and with the use of a vehicle. In


lieu of the suspension, the court may order a person's privilege to


operate a motor vehicle restricted, for not more than six months, to


necessary travel to and from the person's place of employment or


education. If driving a motor vehicle is necessary to perform the


duties of the person's employment, the court may also allow the


person to drive in that person's scope of employment.









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Address: 8300 Utica Ave, Suite 157  Rancho Cucamonga, California 91730   Phone: 909-635-2058   Fax: 951-271-9007