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 North Carolina, public lewdness is typically addressed under the state's indecent exposure laws. According to North Carolina General Statutes § 14-190.9, a person commits the offense of indecent exposure if they willfully expose the private parts of his or her person in any public place, in the presence of any other person or persons, except in places designated for such purpose. This law covers acts of sexual intercourse, deviate sexual intercourse, and sexual contact that occur in public and could be considered lewd. Indecent exposure is generally classified as a Class 2 misdemeanor. However, if the person is over the age of 18 and exposes themselves to a person under the age of 16, or if the person has a prior conviction for a similar offense, it becomes a Class H felony. Convictions for indecent exposure can carry various penalties, including fines, imprisonment, and potentially sex offender registration, depending on the nature of the offense and the defendant's criminal history.