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 Utah, the criminal offense of public lewdness is generally referred to as 'lewdness' and is covered under Utah Code § 76-9-702. A person commits the offense of lewdness if they perform any of the following acts in a public place, or in a private place where they can be readily observed from a public place or from other private premises, and they should reasonably expect that their conduct will likely cause affront or alarm to, or be seen by, someone who is 14 years of age or older: (1) an act of sexual intercourse; (2) an act of deviate sexual intercourse; (3) an act of sexual contact involving the genitals of one person and the mouth or anus of another person; or (4) any act of lewdness involving the touching of the private parts of either the actor or another person. Lewdness in Utah is typically classified as a class B misdemeanor. However, if the person has been previously convicted of a sexual offense, the charge can be elevated to a third-degree felony. Additionally, if the act is committed in the presence of a child under 14, it may be charged as 'lewdness involving a child,' which is a more serious offense. Whether a conviction for lewdness requires sex offender registration depends on the specific circumstances of the case and the nature of the offense.