§712-1217  Open lewdness.  (1)  A person
commits the offense of open lewdness if in a public place the person does any
lewd act which is likely to be observed by others who would be affronted or
alarmed.



(2)  Open lewdness is a petty misdemeanor. [L
1972, c 9, pt of §1; gen ch 1993]



 



Cross References



 



  Indecent exposure, see §707-734.



 



COMMENTARY ON §712-1217



 



  This section penalizes open lewdness which does not amount to
a sexual offense under Chapter 707 of this Code, but which "amounts to
gross flouting of community standards in respect to sexuality or nudity in
public."[1]  The section does not apply to cult nudism because of the
requirement that the act take place when it is known by the actor that the
actor's conduct is likely to cause affront or alarm.



 



Case Notes



 



  Section cited as example of statutory crime without
requirement of intention or knowledge.  State v. Marley, 54 H. 450, 460, 509
P.2d 1095 (1973).



  Intentional exposure of a person's private parts to public
view is a lewd act.  61 H. 62, 597 P.2d 10; 61 H. 68, 597 P.2d 13; 61 H. 70,
597 P.2d 15.



  Female breasts are not private parts or genitalia, and
exposure thereof under existing circumstances was not a lewd act under
statute.  61 H. 68, 597 P.2d 13.



  "Public place" construed.  61 H. 187, 600 P.2d
1379.



  No double jeopardy for convictions under this section and
§707-734.  8 H. App. 535, 813 P.2d 335.



  Defendant's act occurred in "public place" as it
was likely to be seen by any number of casual observers.  81 H. 99 (App.), 912
P.2d 596.



 



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§712-1217 Commentary:



 



1.  M.P.C., Tentative Draft No. 13, comments at 82 (1961).