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 Hawaii, the criminal offense of public lewdness is generally covered under the state's indecent exposure laws. According to Hawaii Revised Statutes Section 707-734, a person commits the misdemeanor offense of indecent exposure if they intentionally expose their genitals to a person who is likely to be offended by the act. This law applies to acts of sexual intercourse, deviate sexual intercourse, or sexual contact that occur in public places, or in private places where there is a reckless disregard for whether another person present may be offended or alarmed by the actions. While public lewdness is typically a misdemeanor, certain aggravating circumstances could elevate the charge to a felony level. Additionally, depending on the specifics of the case and the individual's criminal history, a conviction for indecent exposure in Hawaii may require the individual to register as a sex offender under Hawaii's sex offender registry laws.