California Penal Code Section 273(g) PC: Lewdness Or Drunkenness In The Presence Of A Child

California Penal Code Section 273(g) PC: Lewdness Or Drunkenness In The Presence Of A Child

California Penal Code Section 273(g) PC makes it a crime to act in a lewd manner and/or to be intoxicated in the presence of a child. This law prohibits people from engaging in inappropriate sexual behavior, using vulgar language, or getting drunk around children. Let’s take a closer look at this law and what it means.

What Does PC 273(g) Prohibit?

There are two main parts to this law:

1. Lewd Conduct – It is illegal to engage in any “lewd or dissolute conduct” in the presence of a child under 18 years old. This includes inappropriate touching, indecent exposure, making sexual comments, using foul language, etc. Basically any behavior that could be considered obscene or indecent around kids is prohibited.
2. Intoxication – It is also illegal to be intoxicated in the presence of a minor. This means being drunk or high on drugs around children. The law specifies being “habitually drunk” but even a single instance of intoxication around a child could potentially lead to charges.

The key is that the inappropriate behavior has to occur directly in front of or within eyesight/earshot of a child. If the conduct happens in private without kids present, then it would not violate PC 273(g).

What Are the Penalties?

Lewdness or intoxication in front of a child is a misdemeanor offense in California. If convicted, possible penalties include:

• Up to 6 months in county jail
• A fine up to $1,000
• Informal probation
• Community service
• Counseling or treatment programs

In some cases, prosecutors may offer pre-trial diversion programs like deferred entry of judgment to avoid a conviction. But these programs typically require pleading guilty up front.

Legal Defenses

There are several legal defenses that a California criminal defense lawyer could use to fight PC 273(g) charges, including:

• Falsely accused – In many cases, people are wrongfully accused of lewdness or intoxication around children. For example, an angry ex-spouse might make false allegations during a bitter custody dispute. Without solid evidence, these charges can often be beat.
• No lewd intent – For the lewd conduct portion of this law, prosecutors must prove you acted with lewd intent. If your actions were misinterpreted, you may be able to show there was no sexual intent behind them.
• Not habitual drunkenness – The law specifically prohibits “habitual” drunkenness in front of kids. Having an isolated incident of intoxication does not necessarily meet this threshold.
• Lack of evidence – Police and prosecutors need solid evidence like witness statements, video surveillance, etc. to prove their case. If the evidence is flimsy, the charges can potentially get dismissed.

Recent Case Example

In a 2019 case, a California appeals court upheld the conviction of a man under PC 273(g) based on the following facts:

• The defendant was drunk and stumbling down the sidewalk in front of an elementary school.
• It was shortly before school pickup time so there were kids around.
• Witnesses observed the defendant urinating on the sidewalk and yelling profanities.
• Police arrived and saw the lewd conduct themselves.

Based on multiple eyewitness accounts and police observation of his public urination and profanity, the man’s conviction was affirmed. This case shows how seriously courts take lewdness around children.

How Can I Avoid Violating This Law?

To avoid running afoul of PC 273(g), use common sense and refrain from the following behavior when children are present:

• Getting extremely drunk or high on drugs
• Making sexual comments or gestures
• Touching yourself or others inappropriately
• Exposing yourself or nudity
• Using profanity or other vulgar language
• Engaging in disorderly conduct

It’s fine to drink alcohol moderately around kids, for example having a glass of wine with dinner. But get a babysitter if you plan to have more than a drink or two. And never use illegal drugs around children.

Also be cautious around places like schools, parks, playgrounds, amusement parks, etc. where children are frequently present. While it’s usually legal to drink, curse, and engage in other behavior at these locations, exercise extra care since kids could be around.

Conclusion

Getting charged with lewdness or intoxication in front of a child can have devastating consequences. In addition to possible jail time and fines, you may have to register as a sex offender in some circumstances. If you are facing charges under PC 273(g), don’t hesitate to talk to an experienced California criminal defense lawyer. An attorney can often negotiate with the prosecution to get charges reduced or dismissed. Act quickly to protect your future.