Legal Definitions - lewdness

Lewdness refers to public acts of indecency that are sexual in nature and are likely to offend or alarm others who observe them. It typically involves conduct that is considered grossly inappropriate for public display and is prohibited by law. The key characteristic is that the person performing the act knows or should know that their actions will be seen by others who will find them offensive or disturbing.

Here are some examples to illustrate lewdness:

• Example 1: A couple engaging in sexual intercourse on a park bench in a public park during daylight hours.

  Explanation: This scenario illustrates lewdness because the act is sexual, performed in a public place where it is easily observed by others (including families and children), and is almost certain to cause offense, alarm, or disturbance to those who witness it. The individuals involved would know their actions are likely to be seen and considered grossly inappropriate for public display.

• Example 2: An individual openly masturbating inside their car, which is parked in a busy supermarket parking lot, clearly visible to passersby.

  Explanation: This demonstrates lewdness because the sexual act is performed in a public space where it is intentionally or knowingly exposed to others. Shoppers and families walking by would likely be affronted or alarmed by witnessing such an act, fulfilling the criteria of public indecency and causing offense.

• Example 3: A person performing a highly suggestive and overtly sexual dance, including simulated sexual acts, on a public sidewalk in front of a school during dismissal time.

  Explanation: This scenario exemplifies lewdness as the individual is engaging in a public display of sexually explicit behavior that goes beyond simple exposure. The act is performed in a location and at a time where it is highly likely to be observed by a vulnerable audience (children and parents), and is intended to, or known to, cause significant offense, alarm, and disturbance to the public.