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 Georgia, the offense commonly referred to as public lewdness is generally prosecuted under the state's indecent exposure laws. Under Georgia law, a person commits the offense of public indecency when they perform any lewd act in a public place or in the presence of others that may be offended or alarmed by such acts. This includes acts of sexual intercourse, sodomy, or exposing one's sexual organs. Specifically, O.C.G.A. § 16-6-8 defines public indecency and outlines the acts that are prohibited. Public indecency is considered a misdemeanor of a high and aggravated nature for a first or second conviction. However, upon a third or subsequent conviction for public indecency within ten years, the offense is treated as a felony, which may result in more severe penalties. Additionally, certain acts of public indecency may require the offender to register as a sex offender, depending on the nature of the act and the presence of minors.