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 Massachusetts, the criminal offense of public lewdness is typically addressed under the state's indecent exposure laws. According to Massachusetts General Laws Chapter 272, Section 53, a person who commits an open and gross lewdness and lascivious behavior is guilty of a felony. This includes acts of sexual intercourse, deviate sexual intercourse, or sexual contact in public, or in private where there is a risk of being observed by others who may be offended or alarmed. The law requires that the act be intentional and likely to produce alarm or shock. A conviction for such an offense can result in imprisonment, fines, or both. Additionally, depending on the circumstances, a person convicted of such an offense may be required to register as a sex offender under Massachusetts law. It is important to note that public lewdness is generally considered a more serious offense than indecent exposure, which is a misdemeanor in Massachusetts and involves the exposure of genitals in a public place where it may be seen by others.