California Criminal Defense Blog

What’s interesting about this case is the fact that these child molestation charges arise out of a series of incidents that took place between 1994 and 1997…which means that the statute of limitations (the time by which criminal charges must be filed) has already expired.

Prosecutors charged Melvin “Shane” Sparks, a judge on “America’s Best Dance Crew” and a choreographer on “So You Think You Can Dance”, with eight felony counts of lewd acts with a child under California Penal Code 288 late last month.

The Los Angeles District Attorney’s Office is relying on a California Penal Code 801(f) that provides that the statute of limitations for certain sex offenses committed against minors may be extended if the following three conditions are satisfied: (1) the statute of limitations has otherwise expired, (2) the crime(s) involved substantial sexual conduct, and (3) there is clear and convincing evidence that corroborates the victim’s allegations. According to the Los Angeles D.A.’s Office, each of these conditions has been fulfilled.

If Sparks is convicted of lewd acts with a child under California Penal Code 288 (otherwise known as “child molestation”), he not only faces imprisonment and substantial fines, but will be required to provide a DNA sample and register as a sex offender for life.

Yep, that’s right. Eric Williamson was convicted of violating Virginia’s indecent exposure law. This case received national attention because of the fact that Williamson was in his own home at the time of the offense.

Police arrested Williamson after a mother and her 7-year-old son claimed that as they walked by Williamson’s home, he made a point of making his “naked self” visible to them.

Under California’s “indecent exposure” law, Penal Code 314 PC, unless Williamson purposely “flashed” himself to the mother and son and drew attention to his genitals, he could not have been convicted of indecent exposure. This is because California’s “indecent exposure” law under Penal Code 314 PC requires

1. that you intentionally expose yourself or your “private parts”,


2. in a public area or area where people were present and likely to be offended, and


3. you acted in a lewd manner while drawing attention to your genitals.

Continue reading "Man Convicted for Indecent Exposure...In His Own Home" »

The LAPD is making an increasing number of arrests at Elysian Park for Penal Code 647(a) Lewd Conduct in Public. Most of the arrests involve undercover decoy officers posing as gay men cruising at the park. When an unsuspecting gay visitor cruises or propositions one of the decoys, officers move in and make an arrest.

Penal Code 647(a) makes it a misdemeanor in California to touch your private parts, or those of another person, in public in a situation where you know or should know of the presence of third parties who would be offended by the conduct. The crime is punishable by up to a year of county jail time.

We find that most people arrested for "lewd conduct in public" at Elysian Park (and elsewhere) are innocent and wrongfully accused. Specifically, most gay men who seek to engage in sexual activity in public choose a remote spot. This may be an otherwise empty bathroom or a secluded section of the park. Because there is no one else present who would appear likely to take offense, the conduct, even if sexual in nature, doesn't meet the legal definition of lewd conduct.

Continue reading "Suspects Wrongfully Accused of Lewd Conduct at Elysian Park" »

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. Then they arrest the “suspects” for violating Penal Code 647(a).

Continue reading "Police Continue to Entrap Gay Men for Lewd Conduct" »