Lewd Conduct Filmed on BART Train (CA Penal Code §647)

Last Modified: February 20, 2024
July 15, 2013 | Rabin Nabizadeh | Lewd Conduct, Sex Crimes

The Bay Area Rapid Transit system (BART for short) is meant to be a family-friendly transportation alternative for people who live in the area. However, a one-minute long amateur pornographic video filmed on one of the trains has BART officials worried that the public will lose faith in its safety and security.  The very short film was made while the train was in motion.  Police believe that the half-dressed couple engaging in sex were in a seat near the rear of a train car, that the footage was taken whilst the train was going through a tunnel, and that the train car in question was one of the older variety (newer cars have different seat coverings than the one in the video).

Official spokespersons Ben Fairow (deputy police chief, San Francisco) and Luna Salaver (BART representative) wish for citizens in the Bay area to be aware that “lewd conduct” (CA Penal Code §647) on BART transportation vehicles is not only unacceptable, but also “illegal.”  Salaver went further saying, “It can and will get you banned from the entire system.”  Local law enforcement officials are asking for individuals who may be able to identify the couple in the film (who, by the way, were completely aware of the fact that they were being recorded) to come forward via their hotline.

State Assembly Bill 716, passed only earlier this year, has given law enforcement officials to ban riders for anywhere from 30 days up to one year if they participate in “unruly conduct” on the BART system.  This includes any lewd or lascivious behavior and is considered a misdemeanor. 

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