Kerry Smith, an ex-con held on $100,000 bail after exposing himself to Metrolink passenger will be in court this Thursday to face charges of committing a lewd act and being a felon in possession of a taser.
According to LASD reports, the victim was riding the Metro Gold Line train when she saw the suspect allegedly performing a lewd act on himself. She took out her cell phone and filmed the act, later posting it to her Facebook page. An individual who saw the victim’s Facebook post contacted the LASD’s Metro Division and reported seeing someone who matched the description of the suspect riding a Blue Line train later that day.
Deputies were able to find Smith, who admitted to being the person in the video circulated online. He was on parole from a previous felony conviction and found to be in possession of a taser.
In California, felons are prohibited from possessing firearms under California Penal Code 29800 PC. Under the law, all felons are prohibited from possessing firearms, as are individuals convicted of certain misdemeanors and narcotic drug addicts. Typically, when someone thinks of a firearm, the image of a gun likely comes to mind – which is accurate. However, in California, tasers are also covered under 29800 PC, meaning nobody in any of the aforementioned groups is legally allowed to possess them.
Penal Code 29800 PC is a felony, and the possible penalties include 16 months, 2 or 3 years in county jail and/or a maximum fine of $10,000.
Committing a lewd act is covered under California Penal Code 647(a) and is described as engaging in lewd or dissolute conduct in any public space or soliciting someone else to do so. This charge is a misdemeanor, punishable by up to 6 months in county jail and/or a fine of up to $1,000. At this time, 647(a) PC does not require mandatory registration as a sex offender.
