Public lewdness is the “Hey! Go get a room” statute.
The gravamen of the crime relates to an offense against public morals and decency, and the notion that private matters should be conducted in, well, private. Public lewdness prosecutions present a number of interesting defense issues. On the face of the statute, this is the following conduct that is prohibited:
A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl.
Okay, let’s ignore the part about the genitals of a fowl for a second.
These cases always involve a good story, but the facts of these types of cases present interesting proof problems:
- Is the back seat of a car a public place? What if the windows are really tinted?
- Is the back seat of a car a public place if you’re parked on a deserted street?
- What about a van?
- If a public park is considered a public place, are you reckless if it’s 3:00 a.m.?
- Does a tent give you privacy if the public can hear—but not see—what you’re doing inside?
- What if everybody present is not offended or alarmed except the police officer who approaches to see what the commotion is all about?
Contrary to public misperception, public lewdness is not a crime the triggers sex offender registration. However, given the public’s fear of anything on a criminal record that involves sex, children, or theft you may be careful before minimizing the repercussions.
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