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 Kentucky, the criminal offense of public lewdness is typically addressed under the state's indecent exposure laws. According to Kentucky Revised Statutes (KRS) 510.148, a person is guilty of indecent exposure in the first degree when they intentionally expose their genitals under circumstances in which they know their conduct is likely to cause affront or alarm to another person, and they do so in the presence of a person who is less than 18 years old. Indecent exposure in the first degree is a Class A misdemeanor. Indecent exposure in the second degree, as per KRS 510.150, involves similar conduct but without the presence of a minor, and is a Class B misdemeanor. Public lewdness involving sexual acts may also be prosecuted under other statutes depending on the nature of the act and the presence of other factors, such as the involvement of minors. While public lewdness is generally a misdemeanor offense, certain aggravating circumstances could elevate the charge. Additionally, a conviction for such offenses may have serious consequences, including the potential requirement to register as a sex offender, depending on the specifics of the case and the offender's criminal history.