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 Pennsylvania, the criminal offense of public lewdness is typically referred to as 'open lewdness' and is defined under Pennsylvania Consolidated Statutes Title 18, Section 5901. A person commits the offense of open lewdness if they perform any lewd act that they know is likely to be observed by others who would be affronted or alarmed. This includes acts of sexual intercourse, deviate sexual intercourse, or sexual contact with one's own or another's private parts in a public place or in a private place where others may observe. Open lewdness in Pennsylvania is classified as a misdemeanor of the third degree. The state does not typically require individuals convicted of open lewdness to register as sex offenders, unless the offense is related to other sexual offenses that do carry such a requirement. It's important to note that the specifics of the charge and the penalties can vary depending on the circumstances of the offense and the presence of aggravating factors.