"Public Lewdness" is the statute under the Texas Penal Code that criminalizes having sex or making sexual contact in public or "recklessly" in private when in the presence of someone who may be offended by that sexual display. This offense is categorized under the portion of the Texas Penal Code dealing with Offenses Against the Person (Title 5) and is further categorized as a Sexual Offense under Chapter 21. In Texas, §21.07 Public Lewdness is the crime associated with things like having sex in a car that's parked in a public area, getting hot and heavy behind some trees on the greenbelt, or feeling up your lover on the beach.
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But beware: Texas's Public Lewdness statute is somewhat confusingly named, because it doesn't just criminalize sex in public -- it also criminalizes sex in private when there's a good chance you'll get caught in the act. Consider something like hooking up in a dressing room stall, where people waiting to try on jeans can clearly see someone dropping to their knees behind on the 12" gap between the dressing room's door and floor. Unwilling third parties also have ears, which will lead them to hear the sounds of people getting weird in a bar's bathroom or somewhere else where yes, the couple thinks they're in private, but other people are likely to come through and be disturbed by witnessing semi-public sex.
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In defending against a Public Lewdness charge, the facts of the case may suggest that no sex or sexual contact actually occurred, which might downgrade the charge to Indecent Exposure or Disorderly Conduct. Of course, insufficient evidence to prove each element of the charge may result in case dismissal, while other mitigating factors (such as being a first-time offender) could help secure a favorable result such as deferred adjudication.
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If you've been charged with an offense under §21.07, Public Lewdness, you need an aggressive, strategic, and powerful Texas criminal defense attorney. Diablita Criminal Defense, PLLC will handle your case professionally and efficiently, crafting your strongest defense and fighting for you. Every day that your case sits without representation is a day that law enforcement officers, investigators, and prosecutors are building their case against you. Be proactive -- an early defense is a strong defense. Schedule your FREE case evaluation today and speak with the Devil. Don't wait! Get Texas’s top defense with Atty. Madolyn García Falone.
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Texas Penal Code §21.07, Public Lewdness, is defined as follows:
(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse; or
(3) act of sexual contact.
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Texas law defines a "public place" as “any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.” Under this definition, places like parks, beaches, and parking lots are all considered "public places" for the purpose of charging someone with Public Lewdness.
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The criminal net cast by Public Lewdness is larger than simply criminalizing sex in public places. Under §21.07, a person may be charged with Public Lewdness even if they were in private, if they're found to have acted recklessly about whether a third party would see their display and be alarmed or offended. For example, while a bathroom stall may be considered "private" for most purposes, people in adjacent stalls who overhear or are otherwise witness to people having sex in the bathroom can report that conduct to law enforcement. The resulting charge for Public Lewdness will be based on the sex participants acting recklessly about whether someone would take offense to encountering semi-public sexuality.
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So what does "reckless" mean? Under Texas law, a person acts "recklessly" when they "disregar[d] a substantial and unjustifiable risk that the result will occur.” In context, this means that a person is acting recklessly when there's a good chance that they'll be caught doing something illegal, but they do it anyway.
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There are some other definitions that help clarify the meaning of Tex. Penal Code §21.07, Public Lewdness:
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"Sexual Intercourse" is defined as "any penetration of the female sex organ by the male sex organ."
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"Deviate Sexual Intercourse" is defined as " (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object."
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"Sexual Contact" is defined as "any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person."​​​​
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The "statute of limitations" is a time limit set by law that tells the government how long they have to charge someone with a crime. Charges filed after the statute of limitations has passed are generally subject to dismissal.
The limitations period for Tex. Penal Code §21.07, Public Lewdness, is 2 years for misdemeanor-level offenses and 3 years for felony-level offenses.
Public Lewdness can be classified in Texas as a 3rd Degree Felony (if the Defendant is civilly committed as a sexually-violent predator) or a Class A Misdemeanor, by default.
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Public Lewdness punishable as a 3rd Degree Felony is punishable by 2 -- 10 years in prison and a fine of up to $10,000.
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Public Lewdness punishable as a Class A Misdemeanor is punishable by up to 1 year in jail and a fine of up to $4,000.
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CALL TODAY for a free case evaluation– always complimentary, always confidential.
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Probation may be granted to individuals who plead guilty or no contest to Public Lewdness under Tex. Penal Code §21.07. Additionally, judges may accept plea deals for deferred adjudication in these cases.
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AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
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Texas law uses the term "community supervision" to describe standard probation as well as deferred adjudication.
Neither probation nor deferred adjudication "community supervision" is on the table for suspended sentences of over 10 years, regardless of what the offense is. Additionally, community supervision cannot be granted to any Defendant if it is shown that: (1) a deadly weapon was used or exhibited during the commission of the felony or immediate flight thereafter and (2) the Defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.a deadly weapon would be used o
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NO.
Currently Tex. Penal Code §21.07, Public Lewdness, is not a registrable offense. However, the Texas legislature can add this offense to the list of registrable offenses at any time, and a person who pled guilty, was found guilty, or received deferred adjudication (even if later dismissed) for this offense would be required to register as a sex offender, even if the offense did not require registration at the time they were convicted.
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CLICK HERE TO LEARN MORE ABOUT SEX OFFENDER REGISTRATION IN TEXAS.
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About la Diablita
Texas Criminal Defense Attorney Madolyn García Falone
Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.
