Tag Archives: LEWD AND LASCIVIOUS CONDUCT

What is Lewd and Lascivious conduct?

Q: My partner and I were caught by a police officer being intimate inside my partners car at an outdoor park that was closed at night. The officer took my partners name and drivers number, and just my name. We are both 18. I am just wondering what will or could happen. The officer did state that he knows it’s a different day and age and we are being kids. However, it is concerning that he still took down information. (Pittsburgh, PA)

A:  I am not sure exactly what you mean by “intimate”. If your actions involved having sex in a public park, even if closed, you could be cited with Open Lewdness, which reads as follows:
§ 5901. Open lewdness.
“A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed”.
If what you were doing was not that offensive and the officer wants to cut you a break, he may not file charges. He may have taken names and information for a record in the event police locate you there in the future. If the officer will file, you are considered at adult at age 18, and therefore may receive a summons for court. If you do, take it to a lawyer. The lawyer will know what options are available to you.