It is an offense to engage in conduct that is considered sexually lewd or offensive in a public place such as a beach, park, public area, Movie Theater or other public area.

The lewd act must be witnessed by a third party who is offended by the act.

Elements of Lewd Act or Conduct in Public Under California Penal Code 647:

• The defendant willfully engaged in the touching or his or another’s genitals, buttocks or female breast; and
• The defendant did so with the intent to sexually arouse himself or another person or annoy or offend another person; and
• The act(s) occurred in public or in a place open to public view; and
• At the time the defendant engaged in the act(s) someone else might have been offended who was present; and
• The defendant should have known that another person who might have been offended by his conduct was present (italics added).

Sexual Behavior Between Couples in Public:

Couples who engage in spontaneous sexual conduct in public places, such as in a car in a public parking lot, when viewed by a third party, may be charged with lewd acts in public.

Lewd Conduct Stings:

Many lewd conduct offenses result from police sting operations, particularly in public restrooms, beaches, parks, private enclosures close to the public area, and more.

• Whether the defendant actually had the specific intent to engage in sexually arousing conduct involving himself or another;
• Therefore, specific intent must be proven.
• Whether the environment where the lewd conduct occurred was actually a public place.
• There was not another person present.
• The defendant did not know that another person was present.

• Penalties vary according to state laws.
• In California, lewd acts in public is a misdemeanor, punishable by the following:
• Jail
• Probation
• Counseling
• Permanent criminal record
• Other court mandates
• NOTE: in California, and in some jurisdictions, conviction for lewd conduct in public will not mandate sexual offender registration, but in other jurisdictions, it may – be sure to consult with your attorney.

Alternative Charges in Lieu of Lewdness Offense:

• In New Jersey, if the state does not prove the lewd act in public charge, it may consider whether the following statute has been violated:
• “A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non-consenting persons who would be affronted or alarmed.”
• In many states it is common to consider a lesser offense, such as disorderly conduct, if the lewd act in public offense cannot be proven.

Useful Links:

New Jersey Lewdness Indictment Form

California Penal Code 647 - Lewd Acts