San Antonio Public Lewdness AttorneyS

Public Lewdness – Reckless in a Non-public Place Under Section 21.07

Public lewdness that is reckless in a non-public place is also classified as a Class A Misdemeanor. The elements of the offense include:

• The defendant engages in an act:
  • Of sexual intercourse;
  • Of deviate sexual intercourse;
  • Of sexual contact; or
  • An act involving contact between the persons mouth or genitals and the anus or genitals of an animal or fowl.
• The defendant is reckless about whether another person is present who will be offended or alarmed by the act; and
• The act occurred in a non-public place.

Definitions in the Texas Public Lewdness Statute

Under Texas law, a person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.

The term “sexual intercourse” means any penetration of the female sex organ by the male sex organ. The term “sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person.

The term “deviate sexual intercourse” is defined to mean any contact between any part of the genitals of one person and the mouth or anus of another person.