Defenses to a Lewd and Lascivious Conduct Charge

A lewd and lascivious conduct arrest or criminal charge can be a black mark that will stain the rest of your life.  Because lewd and lascivious conduct charges are considered by many states to fall under the blanket category of “sex offenses,” you may find that you will have to register and be known as a sex offender if you are convicted of the charges, even though in many cases they can be as minor as a misdemeanor.  Some states even apply lewd and lascivious conduct charges to infractions such as urinating in public!  What defenses do you have in court against a lewd and lascivious conduct charge, and how can you prevent a simple mistake from becoming a defining factor in the rest of your life?

Defending a Lewd and Lascivious Charge

• One defense in lewd and lascivious conduct charges that is often very effective is calling into question the circumstances and the situation in which the act took place. 

Lewd and lascivious conduct is typically considered to be conduct that is engaged in for one’s own sexual pleasure or gratification. Generally, you must also know that this conduct will be seen by and will be offensive to others.  If you are able to call the circumstances into question – for example, the testimony of the plaintiff or the arresting officer – you may be able to defeat the charge of lewd and lascivious conduct because it does not meet the intent of the law.

• Another defense in lewd and lascivious conduct is questioning the court as to whether or not you had an expectation of privacy while you were engaging in the conduct. 

If someone walking by your house saw that you were watching pornography through a crack in your window shades, and you were charged with lewd and lascivious conduct because they reported this to authorities, you might be able to successfully beat the charge by claiming that you had an expectation of privacy in that situation.

Getting Help

By far, the best defense that you have against a lewd and lascivious conduct charge is to hire a competent lawyer who is skilled in the practice of defending such cases.  Because these charges can have such an important impact on your life, and because they are viewed so negatively by the courts and society, you will want to be sure you do everything possible to avoid a conviction on the grounds of lewd and lascivious conduct.  Trying to beat the charges is definitely a worthwhile pursuit.