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 York, public lewdness is defined under Section 245.00 of the New York Penal Law. A person is guilty of public lewdness when they intentionally expose the private or intimate parts of their body in a lewd manner or commit any other lewd act (1) in a public place, or (2) in private premises under circumstances in which they may readily be observed from either a public place or from other private premises, and with reckless disregard for the fact that they are likely to be observed by the public. This includes acts of sexual intercourse, deviate sexual intercourse, or sexual contact with one's own or another's private parts. Public lewdness in New York is classified as a Class B misdemeanor. The consequences of a conviction can include fines, imprisonment for up to three months, or both. While public lewdness is not an offense that typically requires sex offender registration in New York, the specific circumstances of the case could potentially elevate the charge or lead to additional charges that might carry such a requirement.