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 Virginia, the criminal offense of public lewdness is typically addressed under the state's indecent exposure laws. Virginia Code § 18.2-387 defines indecent exposure as intentionally making an obscene display or exposure of one's private parts in a public place where others are present. This can include acts of sexual intercourse, deviate sexual intercourse, or sexual contact in public view. Indecent exposure is classified as a Class 1 misdemeanor in Virginia, which is punishable by up to 12 months in jail and a fine of up to $2,500. However, if the act is performed in the presence of a child under 15 years old, the offense may be elevated to a felony under certain circumstances, as per Virginia Code § 18.2-370.1. Additionally, a conviction for an offense involving minors may require the defendant to register as a sex offender under Virginia's sex offender registry laws.