State v. Crenshaw

The appellants were convicted under the provisions of HRS § 712-1217 which provides:

“A person commits the offense of open lewdness if in a public place he does any lewd act which is likely to be observed by others who would be affronted or alarmed.”

Both appellants were arrested while sunbathing on Diamond Head Beach. They were then wearing only bikini bottoms. There is, however, nothing in the record nor in the circumstances to indicate that they were engaged in any form of exhibitionism at the time. That particular section of the beach was relatively secluded, and the scantiest of beach…