What is the name of your state (only U.S. law)? California. If one or more minors are involved in a burglary with someone who is 18 years old, can this be considered lewd conduct. Does it always have to be sexual? My brother was the minor, but the charge was on his record. What does this mean?What is the name of your state (only U.S. law)?
The law defines "lewd" as conduct which involves the touching of the genitals, buttocks or female breast for the purpose of sexual arousal, gratification, annoyance or offense, if the person doing it knows or should know of the presence of persons who may be offended by the conduct.
Before a person can be convicted of a lewd conduct charge, the prosecutor must prove each of the following facts (and s/he must prove each fact beyond a reasonable doubt):
- The defendant [solicited another person to engage] [or] [engaged] in conduct that involved the touching of genitals, buttocks or female breast;
- That defendant did so with the specific intent to sexually arouse, gratify, annoy, or offend;
- That defendant knew or should have known that other persons [were] [or] [would be] present who may be offended by this conduct; and the conduct [solicited was to occur] [or] [engaged in occurred] in a public place or a place open to the public or exposed to public viewing.
So, to answer your question: YES. Lewd conduct is sexual in nature. If your brother was convicted of that, then he would have had to engage in conduct of a sexual nature. Just committing a burglary is not considered lewd conduct. What he did would have had to have some sexual component involved.
