An arrest for lewdness in Delaware has specific legal definitions and consequences. The state’s laws address public decency through several statutes, each carrying distinct penalties. This article provides an overview of the lewdness offense in Delaware, its penalties, and how it differs from more severe charges.
What is Lewdness Under Delaware Law
Under Delaware Code § 1341, the offense of Lewdness is defined by specific actions and circumstances. A person is guilty of lewdness if they perform any lewd act in a public place.1Justia Law. 11 Delaware Code § 1341 (2024) – Lewdness; Class B Misdemeanor The law also applies to a lewd act on private property if the individual knows their actions are likely to be seen by others who would be affronted or alarmed.
This means the prosecution does not need to prove the act was seen, only that observation was probable and likely to cause offense. The term “lewd act” is not explicitly defined in the statute, leaving its interpretation to the context of the situation and established case law.
Examples of Lewd Acts
To understand how the law is applied, consider a few practical examples. An individual who intentionally exposes their intimate body parts in a parked car on a public street, knowing that passersby could see and be alarmed, would be engaging in lewd conduct.
Another instance could involve a person performing a sexually suggestive act in front of a window of their own home that faces a public sidewalk. If they are aware that their actions are visible and likely to affront or alarm people walking by, this could constitute lewdness.
Penalties for Lewdness in Delaware
A conviction for Lewdness is classified as a class B misdemeanor in Delaware. The possible punishments include up to six months of incarceration and a fine that can be as high as $1,150.2Justia Law. 11 Delaware Code § 4206 (2024) – Sentence for Misdemeanors
In addition to fines and potential jail time, a judge can also sentence an individual to a period of probation. The sentencing process allows judges to consider the specifics of the offense and the defendant’s prior criminal history when determining a sentence.
When Similar Conduct Leads to More Serious Charges
Similar behavior can lead to more significant charges depending on the age of the person who witnesses the act. Delaware law outlines separate offenses for Indecent Exposure, which are graded more severely. For example, Indecent Exposure in the Second Degree under Delaware Code § 764 is an unclassified misdemeanor, but the charge escalates if a minor is involved.3Justia Law. 11 Delaware Code § 764 (2024) – Indecent Exposure in the Second Degree; Unclassified Misdemeanor
Under § 765, if a person exposes their genitals, buttocks, or breasts to a person under 16, the offense becomes Indecent Exposure in the First Degree.4Justia Law. 11 Delaware Code § 765 (2024) – Indecent Exposure in the First Degree; Class A Misdemeanor This is a class A misdemeanor, carrying a penalty of up to one year in jail and a fine up to $2,300.
Sex Offender Registration and Lewdness-Related Offenses
A concern in any sex-related offense is the requirement to register as a sex offender. For a conviction of Lewdness, sex offender registration is not required, as it is not among the offenses listed in Delaware Code § 4121, which governs registration.
The situation changes with more serious offenses. A conviction for Indecent Exposure in the First Degree, which involves exposure to a minor, does require the individual to register as a sex offender.5Justia Law. 11 Delaware Code § 4121 (2024) – Community Notification of Sex Offenders on Probation, Parole, Conditional Release or Release From Confinement This registration has long-term consequences, including periodic in-person verification of information and public notification, depending on the assigned risk assessment tier.