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When it comes to crimes that are sexual, the state of Texas takes a firm stand with some of the strictest laws in the country. These laws were set in place to protect the public’s right to live peacefully, by making it illegal for individuals to participate in public acts that could be found disturbing or offensive to the general public. Sexually explicit conduct in public is strictly prohibited and individuals charged with this crime face an uphill battle to tell their side of the story.

The media, jury, and society may have already decided that the defendant is guilty, even before the trial has begun. The United States Constitution protects every citizen’s right to a fair trial and the team of defense attorneys at Gebhardt & Eppes, PLLC makes it our mission to ensure that this right is protected. We serve as an advocate for individuals who are facing criminal charges, ensuring that their side of the story is heard. Here is more information about our public lewdness defense services.

What Is Considered Public Lewdness In the State of Texas?

As defined by the Texas Penal Code section 21.07, the following actions are considered explicit sexual conduct when performed in public:

  • Sexual intercourse: Penetration by the male sex organ into a female sex organ
  • Deviate sexual intercourse: Penetration of the anus or genitals with an object or contact between the genitals of one individual with the mouth or anus of another.
  • Sexual contact: Touching of the breast, genitals, or anus of another person
  • Bestiality: Sexual conduct of any kind with an animal

While the term public lewdness may sound like it only counts when explicit sexual activity occurs on public property, it is important to note that it can also be committed on private property. Texas State Law makes it clear that these actions are punishable if they are committed in the presence of others who may be offended by the action.

What Is the Punishment for Public Lewdness in the State of Texas?

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Section 21.07 of the Texas Penal Code places public lewdness in the category of Class A Misdemeanors. Individuals who are charged and convicted of this crime may face the following penalties:

  • Up to 12 months in county jail
  • A fine of up to $4,000

It is important to note that individuals who fall under the category of juvenile offenders, under the age of 17, have a greater level of discretion. They have a chance to seal their court records or erase the charges once they become an adult. Always make sure you talk to your trusted defense attorneys about the possibility of this happening with your case.

Why Would I Need a Defense Attorney for Public Lewdness?

As mentioned earlier, the State of Texas takes any type of sex crime very seriously. Many individuals who have been charged with these types of crimes may lose their job, have difficulty finding future job opportunities, and tarnish their reputations. This tarnished reputation can have long-lasting effects on an individual’s life, such as the loss of child custody or the loss of their professional license. 

Social stigmatization makes the right to a fair trial extremely difficult for the individual. It is important to have a dedicated team of experienced defense attorneys to act as an advocate on their behalf. The criminal defense attorneys at Gebhardt & Eppes can help protect your rights and your voice by aggressively representing you in a court of law. We know which strategies to implement to help show that your case isn’t as cut and dry as the public may want to believe it is. We always strive for the best outcome for our clients and work endlessly to represent their best interests.

Contact our attorneys for more information on our services or to schedule an appointment with our attorneys to go over your case. We won’t stop fighting for you. 

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Public Lewdness FAQs

What Is an Example of Public Lewdness?

Sexually motivated “flashing” or any other kind of action that purposefully display’s one genitalia or anus with the intention of seeking sexual stimulation are classified under public lewdness. This act can also be prosecuted under indecent exposure, depending on who witnessed the act.

What Is the Penalty for Public Lewdness in Texas

Public lewdness is considered a Class A misdemeanor in Texas. If convicted, an individual can face up to a year in prison and a fine of up to $4,000.

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