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 Washington State, the criminal offense related to public lewdness is generally covered under the state's indecent exposure laws. According to RCW 9A.88.010, a person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The law covers acts of sexual intercourse, deviate sexual intercourse, and sexual contact that occur in public or where others may be present and offended or alarmed by such actions. Indecent exposure is typically classified as a misdemeanor, but it can be elevated to a felony if the person has been previously convicted of the same offense or if the exposure is to a person under the age of 14. A conviction for indecent exposure can also require the defendant to register as a sex offender, depending on the circumstances of the case and the discretion of the court.