1. (1)

   1. (a) As used in this section:

      1. (i) "Common area of a privacy space" means any area of a privacy space other than:

         1. (A) a toilet stall with a closed door;
         2. (B) immediately in front of a urinal during use; or
         3. (C) a shower stall with a closed door or other closed covering.
      2. (ii) "Privacy space" means the same as that term is defined in Section 76-12-309.
      3. (iii) "Sex-designated" means the same as that term is defined in Section 76-12-309.
   2. (b) Terms defined in Section 76-1-101.5 apply to this section.

2. (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits lewdness if:

   1. (a) the actor performs:

      1. (i) an act of sexual intercourse or sodomy;

      2. (ii) an act exposing the actor's:

         1. (A) genitals;
         2. (B) female breast below the top of the areola if the actor is female;
         3. (C) buttocks, anus, or pubic area;
      3. (iii) masturbates; or
      4. (iv) any other act of lewdness; and

   2. (b) an action described in Subsection (2)(a) is undertaken:

      1. (i) in a public place; or
      2. (ii) under circumstances which 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.

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.

   2. (b) A violation of Subsection (2) is a third degree felony if at the time of the violation:

      1. (i) the actor is a sex offender as defined in Section 57-8a-102;
      2. (ii) the actor has previously been convicted two or more times of a violation of Subsection (2);

      3. (iii) the actor has previously been convicted of:

         1. (A) a violation of Subsection (2); and
         2. (B) a violation of Section 76-5-420;

      4. (iv) the actor also commits the offense of:

         1. (A) criminal trespass resulting from unlawfully entering a sex-designated changing room as described in Subsection 76-6-206(2)(d);
         2. (B) lewdness involving a child as described in Section 76-5-420;
         3. (C) voyeurism as described in Section 76-12-306;
         4. (D) recorded or photographed voyeurism as described in Section 76-12-307;
         5. (E) distribution of images obtained through voyeurism as described in Section 76-12-308; or
         6. (F) loitering in a privacy space as described in Section 76-12-309; or
      5. (v) the actor is in a sex-designated privacy space, that is not designated for individuals of the actor's sex.

4. (4) The offenses referred to in Subsection (2) are:

   1. (a) unlawful sexual conduct with a 16 or 17 year old as described in Section 76-5-401.2;
   2. (b) rape as described in Section 76-5-402;
   3. (c) object rape as described in Section 76-5-402.2;
   4. (d) forcible sodomy as described in Section 76-5-403;
   5. (e) forcible sexual abuse as described in Section 76-5-404;
   6. (f) sexual abuse of a child as described in Section 76-5-404.1;
   7. (g) aggravated sexual assault as described in Section 76-5-405;
   8. (h) custodial sexual relations as described in Section 76-5-412;
   9. (i) custodial sexual misconduct as described in Section 76-5-412.2;
   10. (j) custodial sexual relations with youth receiving state services as described in Section 76-5-413;
   11. (k) custodial sexual misconduct with youth receiving state services as described in Section 76-5-413.2; or
   12. (l) an attempt to commit an offense described in Subsection (4)(a) through (k).

5. (5)

   1. (a) As described in Subsection 53-29-202(4), for purposes of Subsection (3), a plea of guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
   2. (b) Subsection (5)(a) also applies if the charge under Subsection (3) has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

6. (6)

   1. (a) The common area of a privacy space constitutes a public place or circumstance described in Subsection (2) where an act or an attempted act described in Subsection (2) constitutes lewdness.
   2. (b) Within the common area of a dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space, exposing, displaying, or otherwise uncovering genitalia that does not correspond with the sex designation of the changing room constitutes an act or an attempted act described in Subsection (2) that constitutes lewdness.
7. (7) A woman's breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.

Renumbered and Amended by Chapter 173, 2025 General Session