This research was prepared by Paul, one of the five cited.


 

CA Penal Code Section 647 (a): Definitions of terms

 

People v. Fitzgerald, 1979

Lewd and Dissolute are considered as synonymous.

Loose in morals and conduct, wanton, lewd, debauched.

All these terms refer to sexually motivated conduct.

 

The other words used to define lewd and dissolute are given below with legal and/or dictionary definitions, as noted. Where dictionary definitions are given, it is because there was no legal definition in Black’s. Black’s is Black’s Law Dictionary, 6th Edition.  Webster’s is Webster’s Dictionary of the English Language, Unabridged, Encyclopedic Edition. Am. Her. Is the American Heritage Dictionary.

 

debauched (Black’s): to corrupt one’s manners, to make lewd, to mar or spoil, to entice.

 

debauchery (Black’s): excessive indulgence in sexual pleasures, sexual immorality or excesses or the unlawful indulgence of lust.

(Am. Her.) extreme indulgence in sensual pleasures, dissipation.

 

dissolute (Black’s): loosed from restraint, unashamed, lawless, loose in morals and conduct, recklessly abandoned to sensual pleasures, profligate, wanton, lewd, debauched.

 

lawless (Webster’s): 2. contrary to law, illegal, unauthorized, as lawless practices.

3. not obeying the law, unruly, disorderly

NB: in Black’s, it is noted that lawful (and thus, lawless) contemplates the substance of the law and implies ethical content while legal (and thus, illegal) contemplates the form of the law, its technical content. Therefore it seems the definitions are not precisely synonymous in legal usage.

 

lewd /l(y)uwd/. Obscene, lustful, indecent, lascivious, lecherous.
The term imports a lascivious intent. It signifies that form of immorality which has relation to moral impurity, U.S. v Bartow, D.C. Utah, 56 F. Supp. 795-797; or that which is carried on in a wanton manner. Rebhuhn v Cahill, D.C.N.Y., 31 F. Supp. 47,49. Given to unlawful indulgence of lust, eager for sexual indulgence. State v Jones, 2 Conn. Cir. 698, 205 A 2d 507, 509. See also Indecent (indecent Exposure); lascivious; lewdness.

 

loose (Webster’s): many definitions. Most relevant one: 9. sexually immoral, lewd.

 

profligate (Webster’s): 1. abandoned to vice; lost to principle, virtue, or decency; vicious; shameless in wickedness

 

unashamed (Webster’s): not feeling shame, as from doing something bad, wrong, foolish, etc.

 

wanton (Black’s): reckless, heedless, malicious, undisciplined, unruly, disregarding rights and safety of others.

 

 

Other notes:

 

demurrer (Black’s): An allegation by a defendant which, admitting matters of fact . . . to be true shows that, as . . . set forth, they are insufficient . . . to proceed upon or oblige to defendant to answer.

<The facts are not disputed, but the legal consequences are not such as to necessitate the demurrer to answer or to proceed further with cause.>

Calif. Code of Civil Proc., Sec. 430.10, -.50.

 

arbitrary law (Black’s): As opposed to immutable law, a law not founded in the nature of things, but imposed by the mere will of the legislature.