Is public lewdness a serious charge in Texas? Yes. Public lewdness is a Class A misdemeanor in Texas that carries up to one year in jail, a $4,000 fine, and a criminal record that could damage your career and reputation for years. If you’ve been arrested for public lewdness in Dallas, speaking with an experienced criminal defense attorney immediately can make a significant difference in the outcome of your case.
A public lewdness arrest is often embarrassing and frightening. You may be worried about your family finding out, what your employer will think, or whether this will follow you for the rest of your life. At Varghese Summersett, our Dallas criminal defense team understands the sensitive nature of these charges and provides the discreet, aggressive representation you need to protect your rights, your reputation, and your future.
Why Trust Varghese Summersett With Your Public Lewdness Defense?
Our criminal defense team brings more than 100 years of combined experience to every case we handle. The attorneys at Varghese Summersett include Board Certified specialists in Criminal Law by the Texas Board of Legal Specialization, meaning they have demonstrated exceptional knowledge and skill in defending criminal charges, including sex-related offenses. Several of our attorneys are former prosecutors who understand how the state builds cases and, more importantly, where those cases can be challenged.
Our firm has secured more than 1,600 dismissals and 800 charge reductions throughout our Fort Worth, Dallas, Houston, and Southlake offices. With a team of 70+ legal professionals, we have the resources to thoroughly investigate your case, identify weaknesses in the prosecution’s evidence, and pursue every available defense strategy. Our attorneys regularly appear on national media outlets to discuss criminal law matters and have been recognized with numerous awards for legal excellence.
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What Is Public Lewdness Under Texas Law?
Under Texas Penal Code § 21.07, a person commits the offense of public lewdness if they knowingly engage in any of the following acts in a public place, or if they are reckless about whether another person is present who will be offended or alarmed by the act:
- An act of sexual intercourse
- An act of deviate sexual intercourse
- An act of sexual contact
The law defines “sexual intercourse” as any penetration of the female sex organ by the male sex organ. “Deviate sexual intercourse” includes any contact between the genitals of one person and the mouth or anus of another, as well as the penetration of the genitals or anus of another person with an object. “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.
A “public place” under Texas law is defined broadly as any place to which the public or a substantial group of the public has access. This includes streets, highways, parks, and the common areas of schools, hospitals, apartment buildings, office buildings, transportation facilities, and shops. Private conduct can become public lewdness if it occurs where others might observe it.
How Is Public Lewdness Different From Indecent Exposure?
Many people confuse public lewdness and indecent exposure, but they are distinct offenses under Texas law. Public lewdness involves knowingly engaging in a sexual act in public or being reckless about whether someone present might be offended. Indecent exposure, on the other hand, involves exposing your genitals with the intent to arouse or gratify sexual desire while being reckless about whether another person is present who would be offended.
The penalties differ significantly. Public lewdness is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. Indecent exposure is a Class B misdemeanor with a maximum punishment of 180 days in jail and a $2,000 fine. However, indecent exposure can require sex offender registration under certain circumstances, while public lewdness typically does not.
What Are the Penalties for Public Lewdness in Dallas?
As a Class A misdemeanor, public lewdness carries serious potential consequences:
- Up to one year in the Dallas County Jail
- A fine of up to $4,000
- A permanent criminal record
- Potential impact on employment, particularly in education, healthcare, or positions requiring background checks
- Immigration consequences for non-citizens
- Damage to personal and professional relationships
Beyond the direct legal penalties, a conviction creates a criminal record that will appear on background checks. Future employers searching your name will see a conviction for “public lewdness,” which carries significant stigma regardless of the circumstances. This is why fighting these charges aggressively is so important.
Will I Have to Register as a Sex Offender?
No, sex offender registration is not required for people convicted of public lewdness in Texas. This is one of the key differences between public lewdness and certain other sex offenses. However, a public lewdness conviction will still appear on criminal background checks and can have lasting effects on your reputation and employment opportunities.
Will a Public Lewdness Conviction Affect My Gun Rights?
Yes. If convicted of public lewdness in Texas, you will be prohibited from obtaining a License to Carry (LTC) for a period of five years after the conviction. Additionally, a conviction may affect your ability to possess firearms in certain circumstances, depending on the specific facts of your case. An experienced Dallas criminal defense attorney can explain how a conviction might affect your Second Amendment rights.
What Defenses Are Available for Public Lewdness Charges?
Every case is unique, and the best defense strategy depends on the specific facts and circumstances involved. However, several common defense approaches may apply:
Challenging the “public place” element: The prosecution must prove the conduct occurred in a public place or where another person was present who could be offended. If the location was truly private and shielded from public view, this element may not be met.
Lack of intent or knowledge: The prosecution must prove you “knowingly” engaged in the conduct or were “reckless” about whether another person was present. If you genuinely believed you were in a private location with no possibility of being observed, this could negate the required mental state.
Mistaken identity: In some cases, particularly those involving multiple people or poor lighting conditions, police may arrest the wrong person. Witness identifications can be unreliable.
Constitutional violations: If police violated your constitutional rights during the investigation or arrest, evidence may be suppressed. This could include illegal searches, improper interrogation techniques, or violations of your right to counsel.
Insufficient evidence: The prosecution must prove each element of the offense beyond a reasonable doubt. Challenging the strength and reliability of the evidence is always a potential defense strategy.
What Should I Do After a Public Lewdness Arrest in Dallas?
The steps you take immediately after an arrest can significantly impact your case:
First, exercise your right to remain silent. Anything you say to police can and will be used against you. Politely decline to answer questions and state that you want to speak with an attorney. This is not an admission of guilt; it is a constitutional right that protects you.
Second, contact an experienced criminal defense attorney as soon as possible. Early intervention allows your attorney to preserve evidence, interview witnesses while memories are fresh, and potentially negotiate with prosecutors before formal charges are filed.
Third, avoid discussing your case with anyone except your attorney. Do not post about it on social media, do not discuss it with friends or family, and do not contact alleged witnesses or victims. Anything you say could be used against you or create additional legal problems.
Fourth, gather and preserve any evidence that might support your defense. This could include text messages, emails, photographs, or the names of witnesses who can corroborate your version of events. Share this information only with your attorney.
The Criminal Process for Public Lewdness Cases in Dallas County
Understanding what to expect can help reduce anxiety and prepare you for each stage of your case:
Arrest and booking: After arrest, you will be taken to the Dallas County Jail (Lew Sterrett Justice Center) for booking. This process includes fingerprinting, photographing, and setting bail. For a Class A misdemeanor like public lewdness, bail is typically set based on a bond schedule, though it can vary depending on your criminal history and other factors.
Arraignment: At your first court appearance, you will be formally informed of the charges against you and asked to enter a plea. Your attorney should be present and will typically advise you to plead “not guilty” at this stage, preserving all options.
Discovery and investigation: Your attorney will receive the prosecution’s evidence and conduct an independent investigation. This may include reviewing police reports, examining physical evidence, interviewing witnesses, and identifying potential defenses.
Pre-trial negotiations: Many cases are resolved through negotiations with the prosecutor. Depending on the circumstances, your attorney may be able to negotiate a dismissal, a reduction to a lesser charge, or a favorable plea agreement. Dallas County offers various diversion programs that may be available for certain defendants.
Trial: If negotiations do not produce an acceptable resolution, your case will proceed to trial. You have the right to a jury trial, where the prosecution must prove your guilt beyond a reasonable doubt.
Can a Public Lewdness Charge Be Dismissed or Reduced?
Yes. Depending on the facts of your case, your criminal history, and the strength of the evidence, your attorney may be able to achieve a dismissal or reduction. Possible outcomes include:
An outright dismissal if the evidence is insufficient or constitutional violations occurred. Reduction to a lesser offense such as disorderly conduct, which is a Class C misdemeanor with no jail time. Deferred adjudication probation, which allows you to avoid a final conviction if you successfully complete probation terms. Pre-trial diversion programs that may be available for first-time offenders.
After a dismissal or successful completion of deferred adjudication, you may be eligible for an expunction or order of nondisclosure, which can seal or destroy records of the arrest. This can be crucial for protecting your future employment and housing opportunities.
What to Expect From Varghese Summersett
When you hire Varghese Summersett to defend your public lewdness case, you get more than just legal representation. You get a team that understands the sensitive nature of these charges and treats you with the dignity and respect you deserve.
We begin every case with a thorough review of the facts and evidence. We examine police reports, witness statements, and any physical or electronic evidence to identify weaknesses in the prosecution’s case. Our former prosecutors know how the other side thinks and what strategies they use.
Communication is a priority. You will have direct access to your attorney and regular updates on your case. We return phone calls and emails promptly because we know how stressful this experience is for you and your family.
We fight aggressively for the best possible outcome, whether that means negotiating a dismissal, pursuing a favorable plea agreement, or taking your case to trial. Our track record of more than 1,600 dismissals and 800 charge reductions speaks to our commitment to achieving results for our clients.
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Frequently Asked Questions About Public Lewdness in Dallas
Is public lewdness the same as public urination in Texas?
No. Public urination is typically charged as disorderly conduct, a Class C misdemeanor. However, if prosecutors believe there was intent to arouse or gratify sexual desire, they could potentially charge indecent exposure or, if sexual conduct was involved, public lewdness.
Can I be charged with public lewdness for conduct in my car?
Potentially, yes. Texas courts have found that vehicles in public areas can constitute “public places” under the statute, particularly if the conduct is visible to passersby. The specific circumstances, such as whether the vehicle was in a secluded area and whether steps were taken to ensure privacy, will affect the analysis.
Will a public lewdness charge show up on a background check?
An arrest will appear on background checks even before conviction. A conviction will remain on your record permanently unless you obtain an expunction or order of nondisclosure. This is why fighting the charges or achieving a dismissal is so important.
How much does it cost to hire a Dallas public lewdness lawyer?
Attorney fees vary depending on the complexity of the case and the experience of the attorney. At Varghese Summersett, we offer free consultations to discuss your case and provide transparent information about legal fees. We believe quality legal defense should be accessible to everyone facing serious criminal charges.
Can public lewdness charges be enhanced to a felony?
Public lewdness itself remains a Class A misdemeanor regardless of prior convictions. However, if the conduct involved a minor, different and more serious charges such as indecency with a child could apply, which carry felony penalties and sex offender registration requirements.
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Talk to a Dallas Public Lewdness Lawyer Today
A public lewdness charge can feel overwhelming, but you do not have to face it alone. The experienced criminal defense attorneys at Varghese Summersett are ready to protect your rights, fight for your freedom, and work toward a resolution that preserves your future. We offer free consultations and are available 24/7 to take your call.
Call (214) 903-4000 now to schedule your free consultation with a Dallas public lewdness lawyer.
