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 Jersey, the criminal offense of public lewdness is typically referred to as 'lewdness' under N.J.S.A. 2C:14-4. According to this statute, a person is guilty of a disorderly persons offense if they commit any flagrantly lewd and offensive act which they know or reasonably expect is likely to be observed by other non-consenting persons who would be affronted or alarmed. This includes acts of sexual intercourse, deviate sexual intercourse, or sexual contact in public places, or in private places where others may observe and be offended or alarmed. Lewd acts can also involve exposure of one's intimate parts. Lewdness is generally considered a misdemeanor in New Jersey, but the severity of the offense can escalate to a higher degree crime under certain circumstances, such as if the lewd act is observed by a child under 13 years of age or if the offender has a prior conviction for the same offense. A conviction for lewdness does not typically require registration as a sex offender in New Jersey, unless the offense is committed under circumstances that fall under the state's Megan's Law, which pertains to more serious sex offenses.