Our client and his wife were charged with Lewdness when they were observed by undercover police exchanging oral favors in an Adult Movie theatre. Imagine that as a job, hanging out in dirty movie theatres. The Adult Store/Theatre offers entrance into the theatre free of charge for couples. Officers entered the theatre and illuminated the area with their flashlights. There were other patrons in the theatre too include our clients that were observed engaging in oral sex. Our clients were arrested and charged with Lewdness/Exposure of Sexual Organs.
RESULT: The State Attorney declined our first request for Diversion, however, we aggressively argued that the Exposure of Sexual Organs statute only banned exposing those organs in a place not “set aside for such displays”, additionally the Ordinance that allowed the business to exist specifically defines the business as a place where specified anatomical organs are displayed, the State agreed to let our clients into Diversion rather than argue a motion to determine if the business is “set aside” under the Indecent Exposure Statute. DISMISSED!