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 Idaho, the criminal offense of public lewdness is typically addressed under the state's indecent exposure laws. According to Idaho Code § 18-4116, a person commits the crime of indecent exposure if they expose their genitals or private parts, or perform an act of sexual conduct in a public place, or in the presence of a third party, with the intent to arouse or gratify the sexual desires of themselves or another person. This statute covers acts of sexual intercourse, deviate sexual intercourse, and sexual contact that occur in public or where there is a risk of offending or alarming others. Indecent exposure in Idaho is generally considered a misdemeanor, but it can be elevated to a felony if the person has prior convictions for the same offense or if the act was committed in the presence of a minor. Additionally, a conviction for indecent exposure in Idaho may require the individual to register as a sex offender, depending on the circumstances of the case and the discretion of the court.