Texas Laws on Public Lewdness
According to the
Texas Penal Code § 21.07, a person commits a crime of public lewdness if any of the following are
done in a public space or are done with reckless disregard as to whether
or not anyone is present:
- Sexual contact
- Sexual intercourse
- Deviate sexual intercourse
- Contact between a person’s mouth or genitals and the anus or genitals
of an animal
If any of the above are committed in public or without considering the
visibility of these actions to those present who may be offended or disturbed,
you can be charged with and subject to the legal penalties of public lewdness.
How Public Lewdness is Determined
When hearing a public lewdness case, the court will determine the alleged
perpetrator’s intent. For example, if a neighbor sees you naked
in your home through a door or window, whether or not you are charged
with public lewdness or indecency will come down to:
- If you intended to be seen
- If your being seen was meant for your own sexual gratification
- If you took reasonable measures to avoid being seen by passersby
Penalties for Public Lewdness in Texas
In the state of Texas, public lewdness is considered a Class A misdemeanor,
regardless of how minor or serious the act. As such, perpetrators can
be penalized by up to 1 year in jail and fines of no more than $4,000.
One year in jail can cost you your job and seriously limit your employment
opportunities going forward, as well as create a stigma that has the potential
to follow you around for years to come.
If you are facing charges of public lewdness or indecency, take action
right away by getting in touch with our experienced Houston
criminal defense attorney at
The Law Office of Jason Luong, PLLC. Call (713) 489-2009 today, or send us your information to receive a
confidential case evaluation.