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 New Hampshire, public lewdness is addressed under the state's indecent exposure and lewdness statute, RSA 645:1. A person is guilty of a misdemeanor if they fornicates, exposes their genitals or performs any other act of gross lewdness under circumstances that they should know will likely cause affront or alarm. The law covers acts in public places as well as private places where others may be present and offended or alarmed by such acts. The statute defines a public place as any place open to the public or exposed to public view. If the offense is committed by an individual who has been previously convicted of certain offenses, including indecent exposure or lewdness, the charge can be elevated to a Class B felony. Additionally, depending on the nature of the act and the presence of minors, a conviction could potentially lead to the requirement of registering as a sex offender.