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  Lewd and Lascivious Conduct LEWD AND LASCIVIOUS CONDUCT

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Lewd and Lascivious Conduct:

Lewd and Lascivious  references to conduct which includes people living together who are known not to be married, entertainment which aims at arousing the libido or primarily sexual sensation, open solicitation for prostitution or indecent exposure of genitalia (which is itself a crime). Due to the tendency of judges to be overly careful in writing about moral and/or sexual matters the definitions have been cloaked in old-fashioned modesty.

Penal Code 314

"Every person who willfully and lewdly, either:

    1.  Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,

    2.  Procures, counsels, or assists any person so to expose himself or take part in any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.  Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer couch as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year.  Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after  a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison."

Did You Know?  

  • 90% of the rapes and sex crimes of children less than 12 years old knew the offender, accodring to police-recorded incident data.
  • Convicted rape and sexual assault offenders report that 2/3rd of their victims were under the age of 18.
  • State felony court convictions, the FBI's UCR arrests and National Crime Victimization Surveys all point to sex offenders being older than other violent offenders, generally in the early 30's.

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