Public Lewdness in Texas | Is it Illegal to Have Sex in Public?

Is public lewdness a serious charge in Texas? Yes. Under Texas Penal Code § 21.07, public lewdness is a Class A misdemeanor punishable by up to one year in jail, a $4,000 fine, and a permanent criminal record that labels you as someone who committed a sex-related offense. While you won’t be required to register as a sex offender, this charge carries a stigma that can affect your employment, relationships, and reputation for years to come.

If you’ve been arrested for public lewdness, the time to act is now. Our skilled sex crimes defense lawyer can challenge the evidence against you, protect your rights, and work toward a resolution that keeps this charge off your record.

Why Trust Varghese Summersett With Your Public Lewdness Defense?

At Varghese Summersett, our criminal defense team brings more than 100 years of combined experience to every case we handle. Our attorneys include former prosecutors who understand exactly how the state builds cases and where weaknesses exist in sex crime allegations. This perspective gives our clients a significant strategic advantage.

Our track record speaks for itself: more than 1,600 dismissals and 800 charge reductions across our Fort Worth, Dallas, Houston, and Southlake offices. Our 70-member team includes attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 10% of Texas attorneys who practice criminal law. When your future is on the line, you deserve defenders who have proven they can deliver results.

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What is Public Lewdness Under Texas Law?

Under Texas Penal Code § 21.07, a person commits public lewdness if they knowingly engage in sexual conduct in a public place, or if not in a public place, they are reckless about whether another person is present who will be offended or alarmed by their conduct.

The law specifically prohibits three types of sexual conduct:

• Sexual intercourse: Any penetration of the female sex organ by the male sex organ
• Deviate sexual intercourse: Contact between the genitals of one person and the mouth or anus of another, or penetration of the genitals or anus with an object
• Sexual contact: Touching the anus, breast, or genitals of another person with intent to arouse or gratify sexual desire

For prosecutors to secure a conviction, they must prove beyond a reasonable doubt that the defendant knowingly engaged in one of these acts in a public place, or acted recklessly about whether someone present would be offended or alarmed.

How is Public Lewdness Different From Indecent Exposure?

Many people confuse public lewdness with indecent exposure, but these are distinct offenses under Texas law. The key difference lies in the nature of the conduct.

Public lewdness involves engaging in actual sexual conduct in public. Under Texas Penal Code § 21.08, indecent exposure involves merely exposing genitals with the intent to arouse or gratify. Public lewdness is the more serious charge, classified as a Class A misdemeanor with up to one year in jail. Indecent exposure is a Class B misdemeanor carrying up to 180 days in jail and a maximum $2,000 fine. Both offenses require that the person acted with reckless disregard about whether another person was present who would be offended or alarmed.

What Are the Penalties for Public Lewdness in Texas?

Public lewdness is a Class A misdemeanor, the most serious misdemeanor classification in Texas. Under Texas Penal Code § 12.21, if convicted, you face:

• Jail time: Up to one year in county jail
• Fines: Up to $4,000
• Criminal record: A permanent conviction that appears on background checks
• License to Carry restriction: You will be prohibited from obtaining a License to Carry for five years after conviction

Perhaps the most damaging consequence is the nature of the conviction itself. Even though public lewdness does not require sex offender registration, the charge carries an unmistakable stigma. Employers, landlords, and others who see “public lewdness” on your record will draw their own conclusions, often with devastating effects on your career and personal life.

Do You Have to Register as a Sex Offender for Public Lewdness?

No. Chapter 62 of the Texas Code of Criminal Procedure governs sex offender registration requirements in Texas. Public lewdness is not listed as a reportable conviction or adjudication under this chapter. Unlike many sex-related offenses in Texas, a public lewdness conviction does not require registration as a sex offender. This is one of the few bright spots in an otherwise serious charge, but it doesn’t diminish the importance of fighting for a better outcome. The goal is to avoid conviction altogether.

Common Defenses to Public Lewdness Charges

To secure a conviction under Texas Penal Code § 21.07, prosecutors must prove beyond a reasonable doubt that the defendant (1) knowingly engaged in an act of sexual intercourse, deviate sexual intercourse, or sexual contact, and (2) did so in a public place, or if not in a public place, was reckless about whether another person was present who would be offended or alarmed. Every public lewdness case has unique facts, but several defense strategies can be effective depending on your circumstances:

Lack of a “public place.” The prosecution must prove the conduct occurred in a public place or that you were reckless about whether someone present would be offended. If the conduct occurred in a private location with a reasonable expectation of privacy, this element may not be satisfied.

Challenging the “reckless” element. If you genuinely believed you were in a private setting and took reasonable steps to ensure privacy, prosecutors may struggle to prove you acted recklessly. The key is demonstrating that no reasonable person would have expected others to be present.

Insufficient evidence. Prosecutors must prove each element beyond a reasonable doubt. Witness credibility issues, lack of physical evidence, or inconsistent statements can undermine the state’s case.

Constitutional violations. If police obtained evidence through an illegal search, violated your Miranda rights, or engaged in misconduct, that evidence may be suppressed, potentially resulting in dismissal.

Mistaken identity. In some cases, witnesses may have misidentified the individuals involved, particularly in situations with poor lighting or brief observations.

What Happens After a Public Lewdness Arrest in Fort Worth?

Understanding the criminal justice process helps reduce anxiety and allows you to make informed decisions. Here’s what to expect after an arrest in Tarrant County:

Booking and bond. After arrest, you’ll be processed at the Tarrant County Jail and go before a magistrate who will set bond. Most public lewdness cases receive bonds around $1,000, though this varies.

Arraignment. At your first court appearance, you’ll be formally advised of the charges against you. This is when having an attorney makes a critical difference in how your case proceeds.

Pre-trial process. Your defense attorney will review all evidence, file any necessary motions, and negotiate with prosecutors. Many misdemeanor cases in Tarrant County are resolved through plea negotiations, deferred adjudication, or dismissal during this phase.

Trial or resolution. If negotiations don’t produce an acceptable outcome, your case proceeds to trial before a judge or jury. The state must prove your guilt beyond a reasonable doubt.

Throughout this process, your attorney’s goal is to achieve the best possible outcome, whether that’s dismissal, reduction to a lesser charge, deferred adjudication that keeps a conviction off your record, or acquittal at trial.

Can Public Lewdness Be Expunged From Your Record?

Yes, under certain circumstances. If your public lewdness case is dismissed or you are acquitted at trial, you may be eligible for an expunction, which completely removes all records of the arrest and charge.

If you receive deferred adjudication and successfully complete probation, you may be eligible for an order of nondisclosure, which seals your record from most public access. This is why fighting for deferred adjudication rather than a straight conviction can have lasting benefits for your future.

Our Goals for Your Public Lewdness Case

At Varghese Summersett, we understand that public lewdness carries a stigma beyond its legal penalties. Our defense strategy focuses on outcomes that protect both your freedom and your reputation:

• Seeking dismissal whenever the evidence supports it
• Negotiating for deferred adjudication to keep a conviction off your record
• Exploring reduction to a non-sex-related offense when possible
• Positioning you for expunction or nondisclosure eligibility
• Avoiding jail time through probation or alternative sentencing

While no attorney can guarantee specific results, our track record demonstrates our commitment to achieving favorable outcomes for our clients. Contact our Fort Worth criminal defense attorneys to discuss your case in a free, confidential consultation.

What to Expect From Varghese Summersett

From your first call to the resolution of your case, you’ll experience what sets Varghese Summersett apart from other criminal defense firms.

Immediate response. Criminal charges don’t wait, and neither do we. Our team is available 24/7 to take your call, answer your questions, and begin working on your defense.

Thorough investigation. We examine every piece of evidence, interview witnesses, and identify weaknesses in the prosecution’s case that others might miss.

Clear communication. You’ll always know where your case stands. We explain the process in plain language and ensure you understand your options at every stage.

Aggressive advocacy. Whether negotiating with prosecutors or fighting in court, we advocate relentlessly for your rights and your future.

Compassionate support. We understand the stress and embarrassment that come with sex-related charges. Our team treats every client with dignity and respect while fighting to protect their reputation.

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Frequently Asked Questions About Public Lewdness in Texas

Can I be arrested for public lewdness in a car?

Yes. Under Texas Penal Code § 21.07, the offense can occur in any “public place.” While the statute does not specifically define “public place,” Texas courts have generally held that a vehicle parked in a public area—such as a parking lot, roadside, or public park—qualifies. If you engage in sexual conduct in a vehicle where others might observe you, you can be charged with public lewdness.

What if no one actually saw what happened?

The prosecution doesn’t need to prove that someone actually witnessed the conduct. Under Texas Penal Code § 21.07, they must prove you acted “recklessly about whether another person was present who will be offended or alarmed.” This is a lower threshold than proving actual observation. However, the absence of witnesses or complaints can be a significant factor in your defense, as it may undermine the state’s ability to prove the recklessness element beyond a reasonable doubt.

Will a public lewdness charge affect my job?

It can. Many employers conduct background checks, and a public lewdness conviction will appear on your criminal record. Certain professions, particularly those involving positions of trust or working with children, may be affected more significantly. This is why fighting for dismissal or a non-conviction outcome is so valuable.

How long does a public lewdness case typically take?

Misdemeanor cases in Tarrant County typically resolve within three to six months, though complex cases may take longer. Factors affecting timeline include court schedules, the strength of evidence, and whether negotiations are productive.

Should I accept a plea deal for public lewdness?

Never accept any plea offer without first consulting an experienced criminal defense attorney. What seems like a quick resolution can have lasting consequences for your record and future. An attorney can evaluate whether the offer is fair and whether better options exist for your specific situation.

Contact Our Public Lewdness Defense Lawyer Today

A public lewdness charge can feel overwhelming and embarrassing, but you don’t have to face it alone. The attorneys at Varghese Summersett have helped countless clients navigate sensitive charges like this one, fighting for outcomes that protect their futures and their reputations.

Call today for a free, confidential consultation. During this call, we will discuss the facts of your case, explain the legal issues involved, and outline our approach to your defense. The sooner you reach out, the sooner we can begin protecting your rights.