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Criminal Law

: California Criminal Defense Blog

Police Continue to Entrap Gay Men for Lewd Conduct

By Neil Shous, Esq.

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Police throughout California continue to arrest unsuspecting gay men as part of lewd conduct sting operations. In spite of protests and recent court victories, cops have shown few signs of slowing down. Penal Code 647(a) ?Lewd Conduct in Public? makes it illegal to engage in public sexual activity when you know or should know of the presence of other people who would take offense. The last part of that definition is critical. California law does not make it inherently illegal to do sexual acts in public. It only becomes a crime if third parties are there whom you have reason to believe would be offended. In the sting operations, undercover ?decoy? cops pretend to be gay men ?cruising? in bathrooms, parks and other public places. They try to coax unsuspecting gay men into masturbating, dropping their pants, or doing or proposing some sexual act...continue to full post

Full post as published by California Criminal Defense Blog on August 10, 2009 (boomark / email).

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