Daniele Watts and husband, Brian Lucas has been charged with lewd conduct for allegedly having sex in public.

Watts, 28 and husband Lucas, 43 were accused with one misdemeanor count of lewd which could result to a six-month jail sentence and a fine of $1,000.

Los Angeles Police Department cops initially arrested the couple on Sept.11 following a complaint that the two are having sex in a car just outside CBS studios in LA.

The "Django Unchained" actress accused police officers of racial profiling and took to social media their protest that the law enforcers mistakenly identified her as a black sex worker and Lucas as a white client.

Watts wrote on Facebook: "As I was sitting in the back of the police car, I remembered the countless times my father came home frustrated or humiliated by the cops when he had done nothing wrong. I felt his shame, his anger, and my own feelings of frustration for existing in a world where I have allowed myself to believe that 'authority figures' could control my being."

TMZ have obtained photos of the incident where Daniele Watts and husband were inside the car with Watts straddling Lucas in his car. Many eyewitnesses have come forward to attest that the pair was indeed having sex.

An eyewitness who worked in an office near the area told TMZ that Watts was grinding on top of her husband, rocking back and forth. Someone from the office even went down to tell Daniele Watts and husband Lucas to stop as people from the office could see them but they continued.

Daniel Watts, husband Lucas insisted that they did nothing wrong despite the witnesses' accounts.