Can I go to jail for lewness charges for allegedly having sex in public? 14 Answers as of February 27, 2013

I got a lewdness ticket today. The lady said we were having sex. My top was just down and his clothes were on. First time I got this. Could I go to jail on this?

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William L. Welch, III Attorney | William L. Welch, III
An attorney can assist you with evaluating the states case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Replied: 2/27/2013
Midway Law
Midway Law | Joseph I. Silverzweig
The Utah statute for lewdness reads, in part: "A person commits lewdness if [she] performs any of the following acts in a public place...: an act of sexual intercourse; exposes... the female breast below the top of the areola... or any other act of lewdness." Based on what you've told me, it's possible that you could be convicted of lewdness, depending on what the witnesses have to say about what happened. If this is your first offense, and you are not a registered sex offender, this crime is sentenced as a class B misdemeanor, which does not usually carry jail time, but there are significant fines associated with it.
Answer Applies to: Utah
Replied: 2/25/2013
Law office of Robert D. Scott | Robert Scott
Yes, for 90 days or more if convicted. If a first offender, you may qualify for a program.
Answer Applies to: Maryland
Replied: 2/24/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Unless you were having sex with the judges daughter I doubt that he would give you a jail sentence. Retain a good lawyer to get an ACD dismissal.
Answer Applies to: New York
Replied: 2/21/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes you can. Get a lawyer and fight the matter. At the very least something can be worked out.
Answer Applies to: Michigan
Replied: 2/21/2013
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    I hope not.
    Answer Applies to: California
    Replied: 2/20/2013
    Henry Lebensbaum | Henry Lebensbaum
    First get a lawyer, ASAP.
    Answer Applies to: Massachusetts
    Replied: 2/20/2013
    Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
    I do not know What state you were in, but in New Jersey jail is a possible penalty but if it is Your first offense i highly doubt that a judge would put you in jail. At worst you are probably facing a fine, maybe probation but i doubt you would even be put on probation.
    Answer Applies to: New Jersey
    Replied: 2/20/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    PC 647(a) can potentially carry jail time, but unlikely if you've never been in trouble before. I'd need to know more details before I could give an accurate guess. Talk to a lawyer before you make any decisions. You need to make sure that you're not being stuck with a charge that requires mandatory sex offender registration. PC 647(a) sometimes does, but not always. It depends on the terms of your negotiated deal.
    Answer Applies to: California
    Replied: 2/20/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Which is why you should hire a lawyer to try and get this charge dismissed or at least reduced.
    Answer Applies to: California
    Replied: 2/20/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Technically yes. This is a "criminal" charge which does carry the possibility of jail time. However, as a practical matter, if this is your first offense and you don't have multiple charges of this type or likeness on your record, the likelihood of you actually doing any jail time on this matter is slim.
    Answer Applies to: Missouri
    Replied: 2/20/2013
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