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Public Lewdness

Public Lewdness

The crime of public lewdness requires proof that the act took place in a public place or that the defendant was reckless about someone being present who would be offended or alarmed by the act.

For purposes of the lewd in public statute, the term “public place” is defined to mean 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.

Attorney for Public Lewdness in San Antonio, TX

Although the offense is classified as a Class A Misdemeanor, any sexually motivated offense comes with a lifetime of collateral consequences that can last long after the criminal case is resolved in the courtroom.

Don Flanary represents clients charged with sexually motivated crimes such as public lewdness and indecent exposure throughout the greater San Antonio area including Bexar County, TX. If you were charged with public lewdness, then contact an experienced criminal defense attorney in San Antonio, Texas.

Call (210) 738-8383 to find out more about important defenses to this serious charge.


Public Lewdness in a Public Place under Section 21.07

Public lewdness in a public place under Texas Penal Code Section 21.07 is a Class A Misdemeanor punishable by not more than 1 year in the county jail and a fine of not more than $4,000.

The elements of the offense that must be proven at trial beyond all reasonable doubt include:

  • the defendant acts knowingly;
  • the defendant engages in an act of:
    • sexual intercourse
    • deviate sexual intercourse;
    • sexual contact; or
    • an act involving contact between the person’s mouth or genitals and the anus or genitals of an animal or fowl.
  • the act occurred in a public place.

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 person’s 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 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.


Finding a Lawyer for Public Lewdness Crimes in Bexar County, TX

If you were arrested for a misdemeanor sex offense such as indecent exposure or public lewdness, then contact an experienced criminal defense lawyer at Flanary Law Firm, PLLC.

Don Flanary is experienced in representing clients throughout San Antonio, TX, or the surrounding communities in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills and Windcrest.

Don Flanary also represents clients charged with all types of public indecency crimes throughout the greater San Antonio area including Bexar County and the adjacent areas of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.

Contact Flanary Law Firm, PLLC to discuss crimes for being lewd in public prosecuted under Texas Penal Code Section 21.07 as a Class A Misdemeanor. Call (210) 738-8383 today.


This article was last updated on Tuesday, December 20, 2016.

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