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 Minnesota, the criminal offense related to public lewdness is typically referred to as 'indecent exposure.' Under Minnesota law, specifically Minnesota Statute 617.23, a person may be charged with indecent exposure if they willfully and lewdly expose their body, or the private parts thereof, in any place where others are present and such exposure is likely to alarm or offend others. This includes engaging in sexual acts in public. The law also covers the exposure of female breasts in a manner that is deemed lewd or indecent. Indecent exposure is generally considered a misdemeanor in Minnesota. However, if the act is committed in the presence of a minor under the age of 16, or if the individual has previous convictions for similar offenses, the charge can be elevated to a gross misdemeanor or felony, which may carry more severe penalties. Additionally, certain convictions under these statutes may require the individual to register as a sex offender, depending on the nature of the offense and the discretion of the court.