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 Delaware, public lewdness is addressed under the state's indecent exposure laws. According to Delaware Code Title 11, § 765, a person is guilty of indecent exposure in the second degree when they intentionally expose their genitals or buttocks under circumstances that they know their conduct is likely to cause affront or alarm to another person. Indecent exposure in the first degree, which is a more serious offense, occurs when a person intentionally exposes their genitals to a person under the age of 16, or causes another person to expose their genitals to a person under the age of 16. Indecent exposure in the second degree is typically classified as a misdemeanor, while the first degree can be a class G felony if the offender has been previously convicted of the same offense. A conviction for these offenses may result in fines, imprisonment, and in some cases, the requirement to register as a sex offender.