A person generally commits the criminal offense of public lewdness or lewd conduct in public if the person knowingly engages in any of the following acts in a public place—or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person’s (1) act of sexual intercourse; (2) act of deviate sexual intercourse; (3) act of sexual contact with a person’s own private parts or those of another.
Public lewdness laws vary from state to state, and some states define and charge such criminal offenses under indecent exposure laws. Public lewdness is usually a misdemeanor offense, but may be a felony offense under some circumstances. And in some states a conviction for public lewdness may require the defendant to register as a sex offender.
In Arkansas, the criminal offense of public lewdness is typically addressed under the state's indecent exposure laws. According to Arkansas Code § 5-14-112, a person commits indecent exposure if they expose their sex organs for the purpose of arousing or gratifying sexual desire in themselves or another person, and they do so under circumstances in which the person knows their conduct is likely to cause affront or alarm. This law applies to acts in public places as well as private places where others may be present and offended or alarmed by the actions. Indecent exposure is generally classified as a Class A misdemeanor in Arkansas. However, if the person has two or more prior convictions for indecent exposure, the offense can be elevated to a Class D felony. Additionally, depending on the circumstances and the age of any witnesses, a conviction for indecent exposure in Arkansas may require the defendant to register as a sex offender.