Also known as:lasciviously · lasciviousness · lewd
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or material tending to excite lust. The term identifies behavior or expression that is lewd, indecent, or obscene under applicable legal standards.
Sources & Authorities· 3 primary sources
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Cases
Model Codes
Dictionaries
How it applies
Common Examples
6
Abandoned House Party Arrest
Leo Lynch hosted dozens of guests inside a boarded-up farmhouse with no furniture or utilities. Officers observed open drug use and lascivious conduct among the partygoers. The visible abandonment and the nature of the activities supplied probable cause to arrest for unlawful entry.
Cross-Burning Ordinance Challenge
Latoya Lane burned a cross on a Black family's lawn. City officials charged her under an ordinance targeting only the most patently offensive lascivious displays within the broader category of fighting words. The selective prohibition raised a First Amendment viewpoint-discrimination claim.
R.A.V. v. City of St. Paul, Minnesota505 U.S. 377 (1992)
Statutory Rape Liability Scheme
Lillian Locke, an adult woman, engaged in intercourse with a minor male. California law punished the male participant but not the female for the same act. The statutory scheme treated lascivious conduct with minors as part of a broader protective regime applying to both sexes.
Michael M. v. Superior Court of Sonoma County450 U.S. 464, 477–479, 101 S.Ct. 1200, 1208–1209 (Stewart, J., concurring)
Lewd Newspaper Nuisance Action
Lola Langley published a periodical containing lascivious photographs and stories. State officials sought to enjoin the business as a public nuisance under a statute targeting obscene and lewd periodicals. The publisher challenged the injunction as prior restraint.
Near v. Minnesota ex rel. Olson283 U.S. 697 (1931)
Obscenity Prosecution Standard
Luis Lopez mailed advertisements for films depicting lascivious sexual conduct. Prosecutors charged him under a state obscenity statute limited to works that appeal to the prurient interest and lack serious value. The jury applied contemporary community standards to the material.
Miller v. California413 U.S. 15, 30-34 (1973)
School Speech Banner Dispute
Laura Lewis displayed a banner at a school event containing a phrase interpreted as promoting lascivious drug use. School officials suspended her for violating the district's policy against plainly offensive speech. The student sued claiming First Amendment protection.
Morse v. Frederick551 U.S. 393 (2007)
Common questions
Frequently Asked
6
How does lascivious conduct factor into probable cause for unlawful entry?+
Officers may infer unauthorized entry from the presence of lascivious conduct inside an apparently abandoned property. The totality of circumstances, including barren premises and drug use, supports the inference that the gathering lacks permission.
Supporting sources
Can a statute single out the most lascivious forms of otherwise proscribable speech?+
A content-neutral reason for regulating an entire class of speech permits distinctions within the class based on the degree of lasciviousness. Viewpoint discrimination remains forbidden even when the most extreme displays are targeted.
Does lascivious conduct with a minor trigger liability for both sexes under protective statutes?+
Statutes criminalizing lewd or lascivious acts with children under fourteen apply to any person regardless of sex. A broader scheme may also punish aiding and abetting or deviant acts involving minors of either sex.
Supporting sources
When does publication of lascivious material constitute a public nuisance?+
A statute may declare the regular business of publishing an obscene, lewd, and lascivious periodical a nuisance subject to injunction. The characterization turns on the character of the material rather than its political content.
Supporting sources
What role does lascivious depiction play in the Miller obscenity test?+
Material is obscene only if it depicts sexual conduct in a patently offensive way as defined by state law. Lasciviousness supplies the patently offensive element when judged by contemporary community standards.
Supporting sources
May schools restrict student speech containing lascivious references at school events?+
Schools possess authority to prohibit plainly offensive or lewd student expression at school-sponsored events. The restriction advances the pedagogical interest in teaching appropriate boundaries of expression.
Supporting sources
displays of sexual activity. But it may not prohibit, for example, only that obscenity which includes offensive political messages. See Kucharek v. Hanaway , 902 F. 2d 513, 517 (CA7…
newspaper, magazine, or other periodical, or (b) a malicious, scandalous and defamatory newspaper, magazine or other periodical, is guilty of a nuisance, and all persons guilty of such…
lewd
or
lascivious
act," including consensual intercourse, with a child under 14.[^maj-3] And members of both sexes may be convicted for engaging in deviant sexual acts with anyone under 18.[^maj-4] Finally,…
TortsOther torts · Claims based on nuisance, and defensesUBEFoundational