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 North Dakota, public lewdness is addressed under the state's indecent exposure laws. According to North Dakota Century Code (NDCC) 12.1-20-12.1, an individual commits the offense of indecent exposure if they engage in an open and obscene exposure of their body parts, or they perform a sexual act in a public place, or in the presence of another person who is offended or alarmed by the act. This includes acts of sexual intercourse, deviate sexual intercourse, or sexual contact with one's own or another's private parts. Indecent exposure is typically classified as a Class A misdemeanor in North Dakota. However, if the act is performed in the presence of a minor under the age of 15, or if the individual has previous convictions for similar offenses, it may be elevated to a Class C felony. A conviction for indecent exposure can also lead to the requirement of registering as a sex offender, depending on the nature of the offense and the age of any victims involved.