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 South Carolina, the offense commonly referred to as public lewdness is generally covered under the state's indecent exposure laws. According to South Carolina Code of Laws Section 16-15-130, it is unlawful for a person to willfully, maliciously, and indecently expose their person in a public place, on the private premises of another, or so near thereto as to be seen from such private premises. This statute would encompass acts of sexual intercourse, deviate sexual intercourse, or sexual contact in public, as well as the exposure of one's private parts. The offense is typically considered a misdemeanor, which can result in fines, imprisonment, or both. However, if the exposure is deemed to be aggravated or is a repeat offense, the penalties may be more severe. It is important to note that while public lewdness is usually a misdemeanor, certain circumstances could elevate the charge, and a conviction may have additional consequences, such as being required to register as a sex offender, depending on the specifics of the case and the presence of aggravating factors.