PC 647(a) makes it a misdemeanor to engage in any "lewd or dissolute conduct" in any public place or in any place that is exposed to public view. To be convicted of this offense, the prosecutor must establish 5 elements:
- That the defendant willfully touched his or her own genitals, buttocks or female breasts (or the genitals, buttocks or female breasts of another person),
- That the defendant acted with the intent to arouse or gratify him / herself or another person, or to annoy or offend another person,
- The defendant was in a public place or a place that was open to public view,
- Someone else who might have been offended was present, AND
- The defendant knew or should have known that another person who might be offended was present.