Is it a crime for anyone to engage in a lewd act in any public place open to the public or exposed to public view?

California, United States of America


The following excerpt is from Kopp v. Fair Pol. Practices Com., 11 Cal.4th 607, 47 Cal.Rptr.2d 108, 905 P.2d 1248 (Cal. 1995):

42 The Penal Code makes it a crime for anyone to engage in "lewd or dissolute conduct in any public place open to the public or exposed to public view." (Pen.Code, 647, subd. (a).) We noted the statute would, if interpreted according to its literal terms to apply to live theatrical performances, criminalize protected speech under the First Amendment, and pose a "serious equal protection problem." (Barrows v. Municipal Court, supra, 1 Cal.3d at p. 827, 83 Cal.Rptr. 819, 464 P.2d 483.) Accordingly, we construed the statute as inapplicable to such performances. In practical effect, this is analogous to the reformation by severance effectuated by the high court in Spokane Arcades, supra, 472 U.S. 491, 105 S.Ct. 2794.

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