Caught in the Act

NOTE: This is copied from an earlier post on another blog of mine. Someone had randomly sent me this message on Myspace.

"Hi Sean . .

My name is Janet. I saw your Myspace profile and noticed that you're a law student. I have a question for you. I have a "friend" (seriously, I'm not talking about myself) who is under investigation for committing a lude act (ahem - masturbating in his car). Based on your knowledge of the law, what can my friend expect to happen if he is charged and convicted of this crime?

Anxiously awaiting your response,
Janet"

After sharing with friends, I did some research, asked my public-defender buddy a couple of questions, and responded back:

Hey Janet . .

I'm not a criminal lawyer, but if he's charged, it'll likely be for violating Calif. Penal Code Section 314, which for a first time offender is a misdemeanor. Those found guilty of this misdemeanor face maximum punishment of 90 days in jail and/or a $1,000 fine. Without knowing more of the facts, though, I would say he gets off with a fine.

I'd suggest to your friend there are probably cheaper ways to take yourself out on a date.

-Sean

Here's a copy of the relevant statute, in case anyone was curious:

Cal. Pen. Code Section 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 model artist exhibition, or to make 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 coach 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.