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 Michigan, the criminal offense of public lewdness is typically addressed under the state's indecent exposure laws. According to Michigan Penal Code, a person who knowingly makes any open or indecent exposure of his or her person or of the person of another is guilty of a misdemeanor. This can include acts of sexual intercourse, deviate sexual intercourse, or sexual contact in public. If the indecent exposure involves fondling of the genitals, pubic area, buttocks, or, if the person is female, the breasts, with the intent to achieve sexual arousal or gratification, the offense is considered a more serious misdemeanor and can lead to harsher penalties. Furthermore, if the person accused of indecent exposure is a sexually delinquent person, the charge can be elevated to a felony, which carries more severe consequences. It's also important to note that certain convictions under these statutes may require the individual to register as a sex offender under Michigan's Sex Offender Registration Act (SORA).