Public Lewdness

Certain acts are expected to be partaken in privately. Explicit acts that occur in public or in places where the participants are careless about the presence of others can result in him or her being arrested for public lewdness. A person may be charged with public lewdness when he or she is unaware that members of the public can see their behavior.

Public lewdness is a misdemeanor offense that can result in a jail sentence as well as a sizable fine. A conviction can also cause several long-term hardships for people who may have difficulty obtaining employment, housing, or professional licensing because of their criminal records.

Attorney for Public Lewdness Arrests in Conroe, TX

Were you recently arrested anywhere in Harris County or Montgomery County for public lewdness? Do not say anything to authorities without first contacting Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell defend clients accused of sex crimes in communities throughout Montgomery County and Harris County, such as Willis, Oak Ridge North, Cut and Shoot, The Woodlands, Spring, Shenandoah, Panorama Village, Porter Heights, and many others.

You can have our attorneys review your case and answer all of your legal questions when you call (936) 622-2000 to set up a free initial consultation.


Montgomery County Public Lewdness Information Center


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Texas Public Lewdness Charges

Texas Penal Code § 21.07 establishes that a person commits public lewdness if he or she knowingly engages in any of the following acts in a public place or, if not in a public place, he or she is reckless about whether another is present who will be offended or alarmed by his or her:

  • Act of sexual intercourse;
  • Act of deviate sexual intercourse; or
  • Act of sexual contact.

Important terms used in this statute are defined as follows:

  • Public Place, Texas Penal Code § 1.07(40) — 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.
  • Deviate Sexual Intercourse, Texas Penal Code § 21.01(1) — Any contact between any part of the genitals of one person and the mouth or anus of another person; or the penetration of the genitals or the anus of another person with an object.
  • Sexual Contact, Texas Penal Code § 21.01(2) — 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.
  • Sexual Intercourse, Texas Penal Code § 21.01(3) — Any penetration of the female sex organ by the male sex organ.

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Public Lewdness Penalties in Montgomery County

Public lewdness is a Class A misdemeanor punishable by:

  • Up to one year in jail; and
  • A fine of up to $4,000.

Public lewdness is not a reportable conviction or adjudication that requires a person to register as a sex offender, but it is still considered a sex crime and can have other negative consequences. Public lewdness convictions will appear on routine criminal background checks, but people may be able to obtain orders of nondisclosure to seal the records of their arrests.


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Public Lewdness Resources in Texas

Texas Penal Code | Chapter 21. Sexual Offenses — View the full text of the state law for public lewdness. You can also read more about definitions of terms relating to sex offenses. This chapter also contains descriptions of other sex crimes that relate to public lewdness offenses.


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Evans & Powell, PLLC | Conroe Public Lewdness Defense Lawyer

If you were arrested for public lewdness in Montgomery County or Harris County, it will be in your best interest to immediately retain legal counsel. Evans & Powell, PLLC represents residents and visitors in Magnolia, Willis, Woodbranch, The Woodlands, Spring, Patton Village, Pinehurst, Splendora, and several other nearby areas in Harris County and Montgomery County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe can develop a strategy that will help you achieve the most favorable possible resolution to your case. Call (936) 622-2000 or submit an online contact form to have our lawyers provide a complete evaluation of your case during a free, confidential consultation.



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