Legal Definitions - lewd and lascivious

The legal term lewd and lascivious refers to behavior that is considered grossly offensive, indecent, or sexually suggestive in a way that violates widely accepted community standards of decency. In legal contexts, such conduct is often treated as synonymous with obscenity.

Crucially, behavior classified as lewd and lascivious is generally not protected by the First Amendment's guarantee of free speech. This means that government bodies are permitted to create and enforce laws that prohibit and punish such conduct, especially when it occurs in public spaces or in a manner that causes offense or distress to others.

Here are some examples illustrating how this term might apply:

• Example 1: Public Sexual Act

  Imagine a situation where two individuals are observed engaging in a sexual act on a park bench in broad daylight, in a public park frequented by families and children. Multiple passersby witness the act and express discomfort or offense.

  Explanation: This behavior would likely be considered lewd and lascivious because it involves an open, sexually explicit act performed in a public space, directly violating common standards of public decency and causing offense to those who witness it. Such conduct is typically prohibited by laws against public indecency or lewd behavior.

• Example 2: Intentional Indecent Exposure to Neighbors

  Consider an individual who repeatedly stands naked in their apartment window, clearly visible to neighbors in adjacent buildings and to children playing in a nearby common area, despite having been asked by building management and neighbors to stop.

  Explanation: While occurring within a private residence, the intentional and repeated exposure of oneself in a sexually suggestive manner that is clearly visible to the public, especially to minors, would likely be classified as lewd and lascivious conduct. This is because it is offensive, indecent, and disregards community standards, potentially causing distress and violating statutes designed to protect public order and shield individuals, particularly children, from unwanted exposure to such acts.