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 West Virginia, public lewdness is addressed under the state's indecent exposure laws. According to West Virginia Code §61-8-9, a person is guilty of indecent exposure when they intentionally expose their sex organs or anus or the sex organs or anus of another person, or they cause a child to expose such organs with the intent to gratify sexual desire, shock, or offend. This conduct must occur in a public place or in a place where others are present and may be offended or alarmed by the act. Indecent exposure is generally considered a misdemeanor in West Virginia. However, if the offense is committed in the presence of a child under the age of 14, it is treated as a felony. Convictions for such offenses can carry various penalties, including fines and imprisonment. Additionally, depending on the nature of the act and the circumstances, a person convicted of indecent exposure may be required to register as a sex offender under West Virginia's sex offender registration laws.