A few nights ago me and my boyfriend were parked in his car on top of a hill with a view. It is not considered a private no tresspassing area and we were there pretty late at night and no one was around. We started having sex outside of the car... and with just our luck a police officer showed up and wrote us up for Lewd Conduct. Now we have to go to court. Is there anyway to defend this? Are we in trouble for sure? What will the penalties be? I am graduating soon and am worried this might go on my record and prevent me from getting a job.











Answer: (1)
Lewd Conduct in California is considered as exposing your genitals in public and/or engaging in sexual activity with the intention of arousing the other person, and having no regard for people being around. Believe it or not, its actually not illegal to have sex in public and several Criminal Defense Attorneys are able to get this charge dropped the majority of the time.
However, if you are convicted under a first offense, it would be a misdemeanor and come along with some fines. Repeat offenses and depending on the circumstances, could possibly land you a penalty, jail time, and possible mental health classes. However, I don't think that would be the case for yourself.
You should definitely consult with a Criminal Defense Lawyer for your Lewd Conduct charge to ensure the charge gets dropped and to prevent having it go on your record, as that could cause complications with emplomyent.
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Posted by Staff Writer on 22 Jan 2010