Under Utah Code § 76-5-419, an actor commits lewdness by performing any of the following acts in a public place, or under circumstances the actor should know will likely cause affront or alarm to, on, or in the presence of another individual who is 14 years old or older:
an act of sexual intercourse or sodomy;
exposing the actor's genitals, buttocks, anus, or pubic area or, if the actor is female, the breast below the top of the areola;
masturbating; or
any other act of lewdness.
Conduct that amounts to one of the more serious sex offenses listed in the statute, such as rape or forcible sexual abuse, is not lewdness. Exposing the buttocks or genitals, sometimes called mooning or flashing, may constitute lewdness when the conduct meets the statute's public-place or likely-affront-or-alarm requirements. The statute treats the common area of a privacy space as a public place. For this purpose, the common area of a privacy space excludes a closed toilet stall, the area immediately in front of a urinal during use, and a shower stall with a closed door or other closed covering. It also treats exposing genitalia that does not correspond with the sex designation of a multi-person changing room, within its common area, as lewdness.
A woman's breastfeeding, in any location where she may rightfully be, is never a lewd act, whether or not the breast is covered during or incidental to feeding.
Attorney for Lewdness Crimes in Salt Lake City, UT
If you were charged with lewdness or lewdness involving a child, contact a criminal defense attorney in Salt Lake City, UT. The attorneys at Brown, Bradshaw & Moffat, LLP, represent clients throughout the State of Utah for sexually motivated crimes including lewdness or voyeurism.
Under Utah Code § 76-5-419, lewdness is a class B misdemeanor, punishable by up to six months in jail under § 76-3-204 and a fine of up to $1,000 under § 76-3-301.
It is a third-degree felony if at the time of the violation:
the actor is a sex offender as defined in the statute;
the actor has previously been convicted two or more times of lewdness;
the actor has previously been convicted of both lewdness and lewdness involving a child;
the actor also commits lewdness involving a child, voyeurism, recorded or photographed voyeurism, distribution of images obtained through voyeurism, loitering in a privacy space, or criminal trespass by unlawfully entering a sex-designated changing room; or
the actor is in a sex-designated privacy space that is not designated for individuals of the actor's sex.
For purposes of the felony-enhancement provisions in § 76-5-419(3), a guilty or no contest plea to a charge under that section that is held in abeyance counts as a conviction, even if the charge is later reduced or dismissed under the plea-in-abeyance agreement. The third-degree felony is punishable by up to five years in prison and a fine of up to $5,000.
Lewdness Involving a Child
Under Utah Code § 76-5-420, a "child" is an individual younger than 14, and "in the presence of" includes visual contact through an electronic device. The statute identifies the following categories of conduct as lewdness involving a child:
Under circumstances not amounting to rape of a child, object rape of a child, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit one of those offenses, the actor intentionally or knowingly does any of the following in the presence of a child:
performs an act of sexual intercourse or sodomy;
exposes the actor's genitals, female breast below the top of the areola, buttocks, anus, or pubic area in a public place, or in a private place under circumstances the actor should know will likely cause affront or alarm, or with the intent to arouse or gratify the sexual desire of the actor or the child; or
masturbates.
The actor is 18 or older and, under circumstances not amounting to those same offenses, intentionally or knowingly does any of the following in the presence of a child, with the intent to cause affront or alarm to the child or to arouse or gratify the sexual desire of the actor or the child:
simulates masturbation, or simulates intercourse or sodomy;
displays the actor's male genitals or prosthetic male genitals in a discernibly turgid state, even if completely and opaquely covered;
engages in erotic touching of the actor's nude breast, regardless of the actor's sex or how the breast was developed or created; or
involves a child in an act that would lead a reasonable person to conclude the child is engaging in simulated intercourse, sodomy, or masturbation.
Under circumstances not amounting to sexual exploitation of a minor or aggravated sexual exploitation of a minor, the actor intentionally or knowingly causes a child to expose the child's genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child.
The actor performs any other act of lewdness.
As with lewdness, the statute treats the common area of a privacy space, defined the same way, as a public place. It also treats exposing genitalia that does not correspond with the sex designation of a government entity's multi-person changing room, within its common area, as lewdness involving a child.
Penalties for Lewdness Involving a Child
Lewdness involving a child is a class A misdemeanor, punishable by up to one year in jail under Utah Code § 76-3-204 and a fine of up to $2,500 under § 76-3-301. It is a third-degree felony if at the time of the violation the actor:
is a sex offender and the offense that made the actor a sex offender was committed against an individual younger than 18;
has previously been convicted of lewdness involving a child;
commits it while also committing lewdness, voyeurism, recorded or photographed voyeurism, distribution of images obtained through voyeurism, loitering in a privacy space, or criminal trespass by unlawfully entering a sex-designated changing room; or
is in a sex-designated privacy space that is not designated for individuals of the actor's sex.
When charged as a third-degree felony, lewdness involving a child is punishable by up to five years in prison and a fine of up to $5,000.
Find a Defense Lawyer for Lewdness Crimes in Salt Lake City, UT
If you were charged with the crime of lewdness or lewdness involving a child, contact the experienced defense lawyers at Brown, Bradshaw & Moffat. We will help you fight for the best possible outcome to your case.
Frequently Asked Questions About Lewdness Charges in Utah
1What is legally considered lewdness in Utah?
Under Utah Code § 76-5-419, a person commits lewdness by performing an act of sexual intercourse or sodomy, masturbating, exposing the genitals, the female breast below the top of the areola, the buttocks, anus, or pubic area, or committing any other act of lewdness. The conduct must occur in a public place or under circumstances where the person should know it is likely to cause affront or alarm to someone 14 years of age or older. Common examples include public masturbation or intentional flashing.
Not technically. “Indecent exposure” is a common term people use for exposing oneself in public, but Utah law generally charges this conduct as lewdness under Utah Code § 76-5-419. If the conduct occurs in the presence of a child under 14, prosecutors may instead charge lewdness involving a child under Utah Code § 76-5-420.
3Can I be charged with lewdness for breastfeeding in public?
No. Utah law specifically exempts breastfeeding. Under Utah Code § 76-5-419(7), a woman breastfeeding a child does not, under any circumstance, commit a lewd act, regardless of whether the breast is covered during breastfeeding. This protection applies in any location where the woman is otherwise authorized to be.
4Will a lewdness conviction require me to register as a sex offender?
It depends on the specific offense and the person’s criminal history. Under Utah Code § 53-29-202:
Lewdness involving a child: A conviction under Utah Code § 76-5-420 is a registrable offense.
Standard lewdness: A conviction under Utah Code § 76-5-419 generally does not require registration on its own. However, four or more convictions for lewdness, or four or more convictions in any combination of lewdness and sexual battery, make the offense registrable.
Pleas in abeyance: For lewdness and sexual battery, a guilty or no contest plea held in abeyance counts the same as a conviction, even if the charge is later reduced or dismissed under the plea agreement.
Because registration consequences can be life-changing and fact-specific, anyone facing a lewdness charge should discuss the potential registration consequences with a Utah criminal-defense attorney.
Penalties depend on the circumstances of the offense and the person’s prior record:
Class B misdemeanor: Standard lewdness under Utah Code § 76-5-419 is generally a Class B misdemeanor, punishable by up to 6 months in jail and a fine of up to $1,000.
Class A misdemeanor: Lewdness involving a child under § 76-5-420 is generally a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500.
Third-degree felony: Either offense can be enhanced to a third-degree felony in certain circumstances. For standard lewdness, examples include being a sex offender at the time of the offense, having two or more prior lewdness convictions, having a prior lewdness conviction combined with a prior conviction for lewdness involving a child, committing the offense while also committing certain other offenses such as voyeurism, or being in a sex-designated privacy space not designated for the person’s sex. For lewdness involving a child, a prior conviction under § 76-5-420 can also trigger felony enhancement. A third-degree felony is punishable by up to 5 years in prison and a fine of up to $5,000.
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