A person may be guilty of the crime of public lewdness in Texas if they knowingly engage in any of the acts listed below in a public place. A person may also be guilty of public lewdness if they recklessly engage in any of the listed acts not in public but in a place where another person is present who is offended or alarmed by the acts.
The acts which, if done in public, constitute lewdness are as follows:
- Sexual intercourse;
- Deviate sexual intercourse;
- Sexual contact.
Public lewdness forbids engaging in any explicitly sexual activity that can be seen by other people who are not participating in the activity. The crime of public lewdness is charged when a perpetrator engages in an act of a sexual nature with another person in a public place.
For the crime of public lewdness in Texas, it is assumed that the sexual conduct involves one adult alone or two or more consenting adults. The perpetrator may engage in lewd activity with a non-consenting victim. If so, then the crime would be a completely different violation of sex crime laws, possibly sexual assault or some other sexual offense, possibly sexual abuse, depending on the nature of the acts involved and the characteristics of the victim.
In addition, in Texas, owning or promoting child pornography is a criminal offense. If someone willfully or knowingly accesses illegal pornography, i.e., pornographic visual material that represents a minor, they may be charged with a felony. A first offense is a third-degree felony, punishable as follows:
- A term in state prison of 2 to 10 years;
- Payment of a fine of as much as $10,000;
- Both a fine and a term in state prison.
Public lewdness is prohibited In Texas along with other sexual misconduct by Texas Penal Code 25.02.
How Do Prosecutors Prove I Am Guilty of Public Lewdness?
A prosecutor would have to prove that a person engaged in some explicit sexual activity in a public place. There have been cases regarding the issue of what places can be characterized as “public places.”
The Texas Penal Code defines a public place as any place to which the public, or a “substantial group” of the public, has access. So, the place does not have to be accessible to everyone, but at least to a “substantial group” of people.
For example, a townhouse in a community association might have a fence with a gate around it that only the owner can open. However, the community’s parking lot is a public place because the community residents would qualify as a “substantial group.” Another example is a person’s own car. While the inside of the car is a personal place, the car is a public place if it is in a parking lot or parked on the side of the road.
A perpetrator can argue that they did not know they were in a public place at the time they engaged in the explicit sexual activity. If this is the case, a person’s defense lawyer would be able to argue that the perpetrator did not commit the crime knowingly, as Texas law requires. Of course, the facts of the location would have to support the argument. If it is quite obvious that the place is a public one, the argument might not be successful.
Is Public Lewdness the Same as Indecent Exposure?
Indecent exposure is a different crime in Texas. A person commits the crime of indecent exposure if they expose their private parts to another with the intent to arouse or gratify the sexual interest of any person. So, any person could be the perpetrator themselves, a specific intended victim, or a person who just happens to be present and views the act.
The crime of indecent exposure must be committed with recklessness with respect to whether another person is present who could be offended or alarmed by the acts performed.
So, the crime of indecent exposure is similar to the crime of public lewdness in so far as it involves a perpetrator exposing themselves in a particular manner in public. It is different in so far as it does not involve any sexual conduct other than simple exposure of a person’s private parts. Indecent exposure is a Class B misdemeanor in Texas.
If the indecent exposure involves a child victim as the witness of the act, the crime is then a third-degree felony. It can be punished by imprisonment for up to 10 years in state prison and payment of a fine of up to $10,000. Say the crime involves physical contact with a child. In that case, it becomes a second-degree felony that is punishable by imprisonment for a maximum of 20 years in state prison and payment of a maximum fine of up to $10,000 or both.
Conviction of either crime involving a child victim, in all likelihood, would result in the perpetrator being required to register as a sex offender for the remainder of their life.
What Is the Punishment for Public Lewdness?
If a person is convicted of the crime of public lewdness in Texas, they can face a punishment of up to 1 year in jail and payment of a maximum fine of $4000. Of course, as with all criminal convictions, a conviction for public lewdness may have a negative effect on a person’s ability to get a job or even find housing.
The punishment for indecent exposure is imprisonment in a county jail for a maximum of 180 days and/or payment of a fine of no more than $2,000.
Will I Have to Register as a Sex Offender in Texas for a Public Lewdness Conviction?
A person convicted of the crime of public lewdness in Texas is not required to register as a sex offender in Texas.
If a person is convicted of a second incident of indecent exposure, they do have to register as a sex offender unless the second offense results in a deferred adjudication.
There are defenses available to a charge of public lewdness. A skilled criminal defense lawyer can review the facts of a person’s case in order to develop a defense strategy. Among the potential defenses are the following:
- Insufficient Evidence: The evidence is not sufficient to prove that the lewd act occurred in a public place or within the range of other people who could have witnessed it;
- Lack of Required Intent: The perpetrator lacked the necessary criminal intent, which is knowledge of the act being visible or potentially offensive to other people;
- Mistaken Identity: The person charged was mistakenly identified as the perpetrator or was falsely accused of the criminal act.
Of course, the alibi defense is always available. In the alibi defense, the person charged claims that they were somewhere else entirely doing something else entirely at the time of the offense. The defense has the greatest chance of success if the person charged has a witness who can back up their claim.
Should I Contact a Lawyer About My Public Lewdness Charge?
You may have been charged with public lewdness or indecent exposure in Texas. If this is the case, LegalMatch.com can connect you to an experienced local Texas criminal attorney who can protect your rights.
Your lawyer can review the facts of your case and tell whether any defenses are available to you. Your lawyer can also negotiate with the prosecutor or represent you at trial if that should become necessary.
