A man sits on a park bench and rubs his genitals in public to arouse passersby. What crime?

• A. Lewd conduct
• B. Public indecency
• C. Disorderly conduct
• D. Indecent exposure

Answer: (A)

The key idea is recognizing the shaping element of the offense: a sexual act performed in public with the intent to arouse others. Lewd conduct is charged when someone engages in a sexual act in a public place for the purpose of sexual arousal or gratification of the person or others nearby. In this scenario, rubbing his genitals in public to arouse passersby fits that pattern exactly—the act is sexual and it’s aimed at provoking a sexual response from the public.

Indecent exposure would typically require exposing one’s sexual organs to others; if the act is done without visibly exposing the genitals, the charge shifts toward lewd conduct for the sexual act itself rather than mere exposure. Public indecency also covers acts that are indecent in public, but the defining factor here is the sexual act intended to arouse, which makes lewd conduct the more precise fit. Disorderly conduct centers on behavior that disrupts public order rather than a sexual act itself.