PC 273(g) – Lewdness or Drunkenness in the Presence of a Child

Lewdness or Drunkenness in the Presence of a Child – Table of Contents

• PC 273(g) Overview
• PC 273(g) Sentencing
• PC 273(g) Defending
• Lewdness or Drunkenness with a Child – Hire Us

What is the definition of ‘Lewdness’ or ‘Intoxication’ in the presence of a child?

It is unlawful to, in the presence of a child, to engage in any lewd immoral, vicious, degrading habits, or to habitually drink, when that child is in your care custody or control.

What is the definition of child under Penal Code 273(g) PC?

A child as defined under Penal Code 273(g) PC is one under the age of 14 years of age. This is the age of reference because lewd acts are utilized as an element under the Statute.

What is the definition of vicious under Penal Code 273(g) PC?

Vicious as defined under Penal Code 273(g) PC is the propensity to attack without provocation.

What is the definition of degrading under Penal Code 273(g) PC?

Degrading as defined under Penal Code 273(g) PC as the act or attempted act to lower another person’s estimation in the view of the public whether or not it is in that referred person’s presence.

Do you have to be a parent for a violation of Penal Code 273(g) PC?

No. There only needs to be lawful custody and control of the child. There only needs to be the assumption of a duty of care by another. This the assumption of duty must be referenced in light of the mindset of a reasonable person. An assumption of a duty this the expressed or implied agreement to engage in a proscribed method of conduct. As applied to Penal Code 273(g), the assumed duty is the obligation to care or custody of a child. There does not have to be parental or biological lawful attributes of rights to qualify.

What is the mental state required for a violation of Penal Code 273(g) PC?

The mental state required for a violation of Penal Code 273(g) PC is knowingly. Knowingly is a conscious regard of the circumstances required for the achievement of a result, while being reasonably aware of the natural and probable circumstances that may transpire from the completion of the act. In light of Penal Code 273(g) PC, the person in violation must consciously understand that the conduct in question is immoral, degrading, or might include habitual drunkenness, and want to direct this to a child in the age range specified under Penal Code 273(g) PC; and be reasonably aware of the natural and probable consequences that might derive from the conduct specified.

What is the definition of lewd conduct under Penal Code 273(g) PC?

Lewd conduct, as defined under Penal Code 647(a), is any willfully touching of another in the reproductive, private areas pertaining to the genitals, buttocks or female breasts, and done for the purpose of sexual gratification.

What is the definition of intoxication under Penal Code 273(g) PC, and does it require a BAC of .08%?

No there is no BAC requirement. The intoxication under Penal Code 723(g) PC references to the presence and state of drunkenness rather than the chemical constitutes or level of impairment. Examples of this presence state of mind or the inability to retain functions of reasonableness. The better fact of issues is if the intoxication is the presence of a child. The presence of drunkenness can be in public or private; but the frequency must be a degree or regularity to offend a reasonable person; to the extent of the inability to maintain bodily functions or maintain civility.

What is the definition of immoral under Penal Code 273(g) PC?

Immoral as defined under Penal Code 273(g) PC is conduct that is against the ethics or standards of society according to a reasonable person.

Penal Code 273(g) PC – Sentencing

A violation of Penal Code 273(g) PC is chargeable as a misdemeanor. A violation is punishable by a confinement in jail not to exceed 1 year in jail; with fines not exceeding $1000 dollars.

What are examples of a violation of Penal Code 273(g) PC?

1. John after work from the train station as a technician always ran into his good friend Travis. Travis is 12 years old and a run-a-way that lives in the train station. John started looking over Travis because he saw him get raped by a group of men. But John and Travis always needed money. It was fortunate enough that Travis could mimic his favorite Broadway tunes in public, and John was good at collecting money; so the two fared well as a team to perform in the train station. They were well known performers in the commuting community- who all knew their wholesome relationship well and their story. During the most recent performance, John would drink and push Travis around in front of the public and kept licking his face. One of the bystanders called the police. The police observed the conduct and arrested John.
2. Emily was taking her son Freedman to eat with her friend Kelly. Freedman is 12 years old, 6’4 devilish handsome and exotic looking. Emily and her husband were former Olympians. Emily’s husband is a well-known athlete, and the family is very visible, so the public is familiar with their son. On this day, Emily and Kelly were at their favorite BBQ restaurant. They were eating in the patio area with Freedman. Emily observed Kelly hitting on Freedman playfully, but continued to allow her because, well, they were friends, and she did not think it was harmful. Kelly is 50 years old. At some point, Kelly begins fondling Freedman in the crotch area and began kissing him. One of the mothers of the families eating in the general vicinity video tapped the conduct and called the police. The police arrived saw the footage and arrested Emily and Kelly.

Penal Code 273(g) PC – Defending

• Mistake in Law – The child is above the age of 14 years old.
• Mistake in Fact – The conduct is considered reasonable and does not amount to immoral or degrading acts.
• Diminished Capacity
• Duress

Lewdness or Drunkenness in the Presence of a Child – Hire Us

If you are charged with a violation of Penal Code 273(g) PC call Kelmansky Law. Contact Los Angeles criminal defense attorney Yuliya Kelmansky, principal attorney of Kelmansky Law.

Need a Criminal Defense Attorney? CALL NOW: 213-932-8922

Yuliya Kelmansky is an Expert Criminal Defense Attorney who has over 15 years of practice defending a variety of criminal cases.