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 Indiana, public lewdness is addressed under the state's public indecency laws. According to Indiana Code 35-45-4-1, a person commits public indecency, a Class A misdemeanor, if they engage in sexual intercourse, other sexual conduct (which may include deviate sexual intercourse), or display their genitals with the intent to be seen by others in a public place. If the individual is at least 18 years old and the conduct is performed in the presence of a minor under 16, the offense is elevated to a Level 6 felony. Additionally, if a person has a prior unrelated conviction for public indecency, subsequent offenses may also be treated as a Level 6 felony. While public lewdness is generally a misdemeanor, these circumstances can enhance the charge. Regarding sex offender registration, Indiana law may require individuals convicted of certain sex offenses, including public indecency under specific conditions, to register as sex offenders. The exact requirements for registration can depend on the nature of the offense and the age of any victims involved.