What Is Considered Public Lewdness?
The Texas Penal Code defines public lewdness as an offense occurring when a person knowingly engages in an act of sexual intercourse, deviate sexual intercourse, or sexual contact in a public place. If the act occurred in a private place and the individuals were reckless about whether another person was present who would be offended or alarmed by the act, they can still be charged with public lewdness.
Public lewdness often involves young adults, sex workers, or even married couples engaging in sexual activities in places they may not have considered “public” (for example, the back of a parked car or in a tent). Sexual conduct may even occur in places they know they shouldn’t (like a movie theater or a park).
If you've been charged with public lewdness, our Houston defense attorney office can help protect you from being charged with a misdemeanor and having a sex crime on your record.
The Consequences of Being Charged With Public Lewdness
Public lewdness is prosecuted as a Class A misdemeanor in Texas, carrying a maximum sentence of a year in jail and/or a $4,000 fine. But the ramifications do not end there. After a fine or jail time the conviction would still be present on your record, and there is a social stigma against any criminal record that involves children, sex, or burglary. Further, having a sex crime on your record can have the consequence of being unable to obtain most state professional licenses, the inability to get certain jobs, and the refusal to be admitted to certain college and graduate school programs.
Unlike indecent exposure, public lewdness is not an offense that requires an individual to register as a sex offender.
Put a Lawyer on Your Side Don't Let a Misdemeanor Change Your Life
While prosecutors and the public may be quick to judge those who are facing sex crimes, our attorneys know there are two sides to every story. We want to hear about your case and help you exercise your rights, regardless of whether your charges involve sexual contact. Don't risk your future and freedom by representing yourself or consulting with a public defender. You need award-winning attorneys who are dedicated to criminal defense.
Paul Doyle and Trevor Sharon understand the consequences of a public lewdness conviction and a sex crime on your record. They will aggressively fight for you to clear your name. To get started, request a consultation with our lawyers or call our Houston office at:
"Paul Doyle & Associates are very professional and know how to get favorable results. Despite the obstacles, Paul Doyle worked arduously and diligently resulting in my case being dismissed. Special thanks to Paul, Trevor and Maria for your courtesy and professionalism. I highly recommend Paul Doyle & Associates if you find yourself in need of an awesome Criminal Defense Attorney. Thanks again!" Robby E. Alsbrooks
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Indecent Exposure vs. Public Lewdness Understanding the Differences
The main differences between indecent exposure and public lewdness are that indecent exposure involves one offender and requires the individual to register as a sex offender after a second or subsequent offense.
The Texas Penal Code defines indecent exposure as occuring when a person exposes their genitals or anus with the intent to arouse or sexually gratify any person and is reckless about whether another is present who will be offended or alarmed by the act. Indecent exposure is a Class B misdemeanor, and is punishable with 180 days in jail and a fine of up to $2,000.
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