Lewd Conduct in Public (Pen. Code, § 647(a))  

Lewd Conduct in Public (Pen. Code, § 647(a)) - The defendant is charged with engaging in lewd

conduct in public [in violation of Penal Code section 647(a)]. To prove that the defendant is guilty of this crime, the Prosecution must prove that:  

1. The defendant willfully engaged in the touching of ((his/her) own/ [or] another person’s) genitals, buttocks, or female breast;  

2. The defendant did so with the intent to sexually arouse or gratify (himself/herself) or another person, or to annoy or offend another person;  

3. At the time the defendant engaged in the conduct, (he/she) was in (a public place/ [or] a place open to the public [or to public view]);  

4. At the time the defendant engaged in the conduct, someone else who might have been offended was present; AND  

5. The defendant knew or reasonably should have known that another person who might have been offended by (his/her) conduct was present. Someone commits an act willfully when he or she does it willingly or on purpose. As used here, a public place is a place that is open and accessible

to anyone who wishes to go there.  

Soliciting Lewd Conduct in Public (Pen. Code, § 647(a))  

Soliciting Lewd Conduct in Public (Pen. Code, § 647(a)) The defendant is charged with soliciting another person to engage in lewd conduct in public in violation of Penal Code section 647(a)].

To prove that the defendant is guilty of this crime, the Prosecution must prove that:  

1. The defendant requested or “solicit,”  that another person engage in the touching of ((his/her) own/ [or] another person’s) genitals, buttocks, or female breast;  

2. The defendant requested that the other person engage in the requested conduct in (a public place/ [or] a place open to the public [or in public view]);  

3. When the defendant made the request, (he/she) was in (a public place/ [or] a place open to the public [or in public view]);  

4. The defendant intended for the conduct to occur in (a public place/ [or] a place open to the public [or in public view]);  

5. When the defendant made the request, (he/she) did so with the intent to sexually arouse or gratify (himself/herself) or another person, or to annoy or offend another person; AND  

6. The defendant knew or reasonably should have known that someone was likely to be present who could be offended by the requested conduct; AND  

7. The other person received the communication containing the request.Someone commits an act willfully when he or she does it willingly or on purpose.