Senator Craig is Guilty, But Not of a Crime
Oh, the perils of following one’s knee-jerk reaction when faced with criminal prosecution for an alleged wrongdoing. Three-term United States Senator, Larry Craig from Idaho, acted entirely foolish by pleading guilty to “lewd conduct ” after he was allegedly observed by an officer foot-tapping and waiving his hand under the adjacent stall at a bathroom at the Minneapolis airport last June.
Apparently, this gesture is code for “let’s engage in hanky-panky right here in the john.” A critical piece of this strange puzzle is that the recipient of the “signals” was a sting officer, who was being paid to sit in the bathroom all day, on the prowl for perps. The scenario was quite different from being “caught in the act,” as it were.
The Idaho statute is very similar to California Penal Code 647a . This statute makes it a misdemeanor offense to touch one’s private parts in public for the purposes of sexual gratification when others may be present who may be offended by it. Police in Los Angeles, Orange County and San Diego are notorious for setting up similar bathroom operations to entrap people into engaging in Lewd Conduct or Lewd Acts in Public .
Assuming that the sting officer’s being truthful regarding his observation (which I would NEVER doubt as an officer of the Court and a member of the criminal defense bar), what crime was committed? Since when is it illegal to tap one’s foot and perhaps waive hello to one’s neighboring stall? Admittedly the conduct is weird, but illegal? For any crime to be committed there has to be a criminal intent present while committing a crime, it is always that simple. And here, there was really no criminal act, regardless of intent.
However, this didn’t stop Senator Craig from rushing to plead guilty, without even talking to a lawyer, in the hopes that this whole debacle would just “go away.” This is a mindset reminiscent of a childhood game we all used to play: if I cover up my eyes no one can see me! Well, of course the conviction surfaced in August, and once again Senator Craig reacted hastily, and promised he would resign from the Senate. As of now, he is trying desperately to unwind the consequences of his knee-jerk, thoughtless and self-defeating behavior, and we still don’t know if he’s going to run for a fourth term in 2008.
Wouldn’t it have made far more sense to fight the case or at least talk to a lawyer before going off the deep end? Absolutely, unequivocally, yes. The lawyer is there to protect the accused from the State, as well as to protect the accused from his or her self. Being prosecuted by the State, an extremely powerful body indeed, must be terrifying. However, one must never think that if they just roll over and concede to the State’s will, somehow the problem will just “go away.”
Over the years I’ve had many clients who employed an opposite strategy in the face of criminal charges, which is to avoid them altogether and hope that the warrant that issues will magically disappear. It doesn’t. Rolling over without thought and running away without thought are equally counterproductive in the long run.
When faced with criminal charges one must stop, collect themselves, and rely on the expertise and wisdom of counsel. This is especially true of lewd-conduct type charges, as one can find themselves having to register as a sex-offender for something as innocuous as foot tapping and waiving. In California, the court has the authority to attach the duty to register as a sex offender under Penal Code section 290(A)(2)(E), if the court finds at the time of judgment or sentencing that the crime, whatever it may be, was committed for the purpose of sexual gratification or because of a sexual impulse.
The upshot of all this is beware of the perils of self-representation, in particular when it comes to charges of “lewd conduct .” As for Senator Craig, if he resigns he should do so because he’s a hypocrite regarding gay rights and issues, and not because he’s guilty of any crime for this foot-tapping and hand-waiving business.
By Orange County Criminal Defense Attorney Lynda Westlund
If you have been accused of a sex crime contact one of our experienced Southern California Sex Crime Defense Attorneys today!
