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 New Mexico, public lewdness is typically addressed under the state's indecent exposure laws. According to New Mexico Statutes Section 30-9-14, indecent exposure involves intentionally exposing one's primary genital area to public view. This can include acts of sexual intercourse, deviate sexual intercourse, or sexual contact in public places, or in private where there is a risk of public exposure. Indecent exposure is considered a misdemeanor in New Mexico, but the level of the misdemeanor can vary depending on the circumstances, such as the presence of minors or repeat offenses. A conviction for indecent exposure can result in fines, imprisonment, or both. While public lewdness itself is not specifically named in New Mexico statutes, acts that would fall under such a description are likely to be prosecuted under indecent exposure laws. It's important to note that in some cases, depending on the nature and circumstances of the offense, a conviction could potentially lead to the requirement of registering as a sex offender.