What is Lewd Conduct in New Orleans? A Clear Explanation of the Law

If you're a resident or visitor in New Orleans, you must understand the local laws, including those regarding offenses related to any lewd acts or conduct. While the term "lewd conduct" may seem vague or subjective, it has a specific legal definition under the New Orleans Municipal Code . Engaging in behavior that falls under this definition can lead to serious criminal charges ranging from fines to jail or prison time.

In this article, we'll break down exactly what constitutes lewd conduct in New Orleans, according to the letter of the law. We'll provide clear examples of actions that could be considered lewd conduct, so you know what to avoid. We'll also discuss the potential penalties for a lewd conduct conviction, and criminal charges which can include not only bing arrested, fines and imprisonment but also order you to register as an offender in some cases.

By the end of this article, you'll have a thorough understanding of the lewd conduct law in New Orleans. This knowledge can help you steer clear of any lewd behavior, that could get you in legal trouble, and make informed decisions if you or someone you know is facing charges. Let's dive in and demystify this important aspect of New Orleans law.

What Does New Orleans Law Say About Lewd Conduct?

Under the New Orleans Municipal Code Sec. 54-254 , lewd conduct is defined as "any indecent or obscene act which is offensive to public morals or decency." The code goes on to provide some specifics about what types of actions fall under this definition.

According to the penal code, lewd conduct includes "the commission of any of the following acts in a public place or any place open to the public view:

1. An act of sexual intercourse;
2. An act of deviate sexual intercourse;
3. A lewd exposure (indecent exposure) of the body done with intent to arouse or to satisfy the sexual desire of the person;
4. A lewd fondling or caress of the body of another person; or
5. A lewd act of urination or defecation."

Let's break down some of the key terms here. "Deviate sexual intercourse" is defined in the penal code, as "any sexual act involving the genitals of one person and the mouth or anus of another person." A "lewd" act is obscene or indecent.

Importantly, for an act of sexual gratification to be considered lewd conduct under the penal code, it must occur in public or because of the public. This means that sexual acts, indecent exposure or nudity in the privacy or secluded area of your own home would not be illegal behavior under this particular statute.

The law also specifies that exposing one's body can be considered lewd behavior if it's done with the intent to sexually arouse oneself or others. So, brief nudity without sexual intent, such as quickly changing clothes in a public restroom, likely wouldn't be prosecuted with a lewd conduct charge, arrested and get you on the offender list or in jail, state prison, etc.

To understand how this law may be applied, it's helpful to look at some concrete examples of behavior that could potentially be charged as lewd conduct in New Orleans. Keep in mind that this isn't an exhaustive list and the specific circumstances of each case will affect whether charges are pursued by New Orleans authorities.

1. Public sexual intercourse : Having sex in a public park, on the beach, in an alleyway, or a car parked on a public street could all be considered lewd conduct.
2. Public exposure of genitals or buttocks : Flashing one's private parts, mooning, or streaking in public could lead to lewd conduct charges. This includes exposing oneself on balconies or in windows visible from public thoroughfares.
3. Groping or fondling another person in public : Touching someone's buttocks, breasts, or genitals in a lewd manner, sexually gratifying without their consent, such as on public transit or in a crowded bar, could result in lewd conduct charges in New Orleans Legal System.
4. Public urination or defecation : Relieving oneself in public instead of using a restroom, whether on the street, in an alley, or a park, could be prosecuted as lewd conduct.
5. Obscene gestures or language : Making overtly sexual gestures or shouting explicit obscenities in public, if deemed offensive enough, could potentially be considered lewd.

It's important to note that context matters in these cases. Breastfeeding in public, for example, is expressly allowed under Louisiana law and would not be considered lewd. Similarly, some degree of nudity or racy behavior may be tolerated during Mardi Gras celebrations that wouldn't be acceptable on an average day (although it is still against the law and could lead to arrest).

However, in general, it's best to remain on the side of caution. Keep overtly sexual behavior in private spaces, use restrooms for their intended purposes, and be mindful of consent and public decency. If you're uncertain whether something would be considered lewd behavior and conduct, it's advisable to refrain from doing it in a public place.

Furthermore, if you do get unknowingly caught up in a misdemeanor offense and/or a lewd conduct charge, be certain to contact a New Orleans lewd conduct lawyer to assess your crime and aim for reduced charges.

The result of a lewd conduct conviction in New Orleans can be severe, even more so than other cities. Under Section 54-25 of the Municipal Code, misdemeanor offense of lewd conduct is punishable by up to one year and up to six months in jail and/or a fine of up to $500 with potential community service. However, the penalties don't stop there for a lewd conduct case.

If the lewd conduct involves exposing one's genitals to a person under the age of 17, the crime becomes a felony under Louisiana state law (RS 14:106) . This is criminal offense punishable by up to three years in state prison or parish jail and a fine of up to $2,500. Repeated offences can lead to even longer sentences with potential community service.

In some cases, a lewd conduct misdemeanor conviction can also result in the requirement to register as an offender. This can have lifelong consequences, affecting where you can live and work ability to obtain a professional license. For non-citizens, a lewd conduct charge can also have serious immigration consequences, potentially leading to deportation.

Even if you avoid jail time, having statutory rape or a lewd conduct charge on your criminal record can make it harder to find employment or housing. Many employers and landlords conduct background checks and may be hesitant to hire or rent to someone with a sex-related offense and/or a felony sex crime.

If you are charged with lewd conduct in New Orleans or the surrounding area, it's essential to understand your rights and potential defenses with an attorney. Some common defenses against lewd conduct charges include:

1. Lack of intent : If your actions were not intentionally sexual or obscene, this can be a defense. For example, if you were urinating in public due to a medical condition or lack of available restrooms.
2. Insufficient evidence : The prosecution must prove beyond a reasonable doubt that you committed lewd conduct. If there is a lack of evidence, or if the evidence was obtained illegally, this can be grounds for dismissal of your lewd conduct charge.
3. Constitutional challenges : In some cases, lewd conduct laws may be challenged on constitutional grounds, such as freedom of expression or vagueness of the statute.
4. Mistake of fact : If you reasonably believed your actions were not public or lewd, this can be a defense in your lewd conduct case. For example, if you believed you were in a private area or that no one could see you.

However, it's important to note that these lewd act defenses are not always applicable or successful in criminal cases. The best way to avoid a conviction for lewd conduct violations is to not engage in any lewd acts, conduct violations or act out behaviors that could potentially be considered lewd acts and/or related offenses.

What To Do If You're Charged With Lewd Conduct in New Orleans

If you are arrested or charged with lewd conduct, the most important thing is to exercise your right to remain silent. Do not try to explain your actions or argue with the two police officers. Anything you say can be used against you in court.

Your next step should be to contact an experienced criminal defense attorney as soon as possible. Look for an attorney who has specific experience handling lewd conduct cases and sex crimes. Your attorney can advise you on the best course of action and start building your defense with their law office.

It's crucial, to be honest with your attorney and provide them with all the details of your case. However, avoid discussing the specifics of your case with anyone else, including friends or family members. Communications with your attorney regarding court costs are protected by attorney-client privilege, but conversations with others surrounding your lewd conduct violations are not.

If you are released on bail, it's essential to show up to all required court appearances or an arraignment date and follow any conditions set by the court system, such as avoiding certain areas or people. Failure to appear in court for lewd acts charges can result in additional charges, court costs and penalties that you and your attorney will have to deal with.

Understanding Lewd Conduct Charges and How Attorney Lance J. Robinson Can Help

Lewd conduct charges in New Orleans are serious matters that can result in significant penalties, including jail time, fines, inability to obtain a professional license and sex offender registration. The New Orleans Municipal Code defines lewd conduct as any indecent or obscene act in public that is offensive to public morals or decency. This can include public sexual gratification, sexually aroused acts, public toilets, indecent exposure of genitals, groping, statutory rape, public urination, and obscene gestures or language in a public place - all considered to be lewd acts and a felony.

If you are facing lewd conduct charges, it's crucial to understand your rights and potential defenses. Contacting an experienced criminal defense attorney should be your top priority. However, the best way to avoid these serious consequences is to refrain from any behavior or sexual desires that could be considered lewd acts and a felony in the first place.

Remember, if you or someone you know is charged with lewd conduct/behavior in New Orleans, Attorney Lance J. Robinson is available 24/7 for a free legal consultation through his law office. You can call or text him at (504) 427-6210. Don't face these serious lewd act charges alone – get the experienced attorney and legal help you need.

FAQs About New Orleans Lewd Conduct Laws

Yes, public urination is specifically listed in the New Orleans Municipal Code as an example of lewd conduct. If you are caught urinating in a public place, you could face charges.

Generally, no. The lewd conduct law applies to sexual arousal in public places or places in public view. If you are naked inside your home and not visible to the public, it would not be considered lewd conduct. However, if you are exposing yourself in front of an open window or on a balcony where others can see you, you could potentially face charges.

If you see someone engaging in behavior that you believe is lewd conduct, do not confront them yourself. Instead, find a safe place and call 911 to report the crime to the police. Provide as many details as you can, such as the location, description of the individual(s), and the specific behavior or actions you witnessed.

It depends on the circumstances. If there is other evidence that you engaged in lewd conduct, such as video footage or physical evidence, you could potentially be convicted even if no eyewitnesses come forward. However, to plead guilty, the prosecution would need to prove beyond a reasonable doubt that you committed the crime and the lewd acts suggested.