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Public Lewdness

Houston Public Lewdness Defense Lawyer

What Is Public Lewdness?

In Texas, public lewdness is the offense of knowingly engaging in sexual acts in a public place. This includes intercourse, deviant intercourse, sexual contact, and bestiality conducted in public view. If you are facing this Class A misdemeanor, please contact The Law Offices of Jed Silverman for tough defense with our Houston public lewdness defense lawyers.

Get expert legal guidance from a trusted Houston public lewdness defense lawyer. Call us now at (713) 597-2221 for a consultation, or contact us online to take the first step toward protecting your future.

What is the Charge for Public Lewdness in Texas?

The Texas law concerning public lewdness is Sec. 21.07 of the penal code:

Sec. 21.07. PUBLIC LEWDNESS. (a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; (3) act of sexual contact; or (4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl. (b) An offense under this section is a Class A misdemeanor.

What is the Difference Between Public Lewdness vs. Indecent Exposure in Texas?

Although sometimes used interchangeably, public lewdness and indecent exposure are actually separate criminal offenses in Texas. Texas’ indecent exposure law is contained in Texas Penal Code Sec. 21.08[2]. The main difference is in the intent. With public lewdness, knowingly engaging in sexual contact in public is criminalized, whereas with indecent exposure, the criminal act is to expose genitals with the intent to arouse or gratify. The two are similar in that they both involve a “reckless disregard about whether another is present who will be offended or alarmed.” Indecent exposure is also charged differently than public lewdness – it is a Class B misdemeanor, rather than a Class A misdemeanor.

What are The Potential Penalties for Public Lewdness in Texas?

In Texas, public lewdness is a Class A misdemeanor. Sec. 12.21[1] requires that any individual found guilty of a Class A misdemeanor be punished by:

  • $4,000 fine;
  • Up to one year in jail; OR
  • Both the fine and jail time.

Additionally, convicted individuals may face probation, community service, or other court-ordered programs. In some cases, the penalties may be more severe if certain factors are involved, such as prior criminal history or aggravating circumstances. For example, if the public lewdness occurs near a school or involves a vulnerable individual, the charges could be escalated.

Given the potential penalties, it is essential to secure a qualified Houston public lewdness defense attorney as soon as possible to prevent a conviction and mitigate any damage to your reputation and future.

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

Public lewdness, per Article 62.001(5) of the Code of Criminal Procedure, is not a “reportable conviction or adjudication.” This means that anyone convicted of public lewdness is not required to register as a sex offender.

How to Build a Strong Defense Strategy Against Public Lewdness Charges?

A successful defense against public lewdness charges requires a thorough investigation of the facts surrounding the case. Your Houston public lewdness defense lawyer will examine the circumstances leading up to the arrest, the reliability of witnesses, and any physical or digital evidence involved.

In addition to presenting legal defenses such as lack of Intent or knowledge, false accusations or misidentification, no public visibility or unintentional exposure, an attorney may be able to negotiate with prosecutors for a reduction in charges or a favorable plea agreement. This can be particularly beneficial if the evidence is overwhelming, but the defendant wishes to avoid a conviction and minimize the impact on their future.

It is important to remember that public lewdness charges are not always cut and dry. Many factors must be considered, and the case may be subject to different interpretations depending on the circumstances. Working with an experienced Houston public lewdness defense attorney increases the likelihood of securing a favorable outcome.

Get Tough Defense – Call The Law Offices of Jed Silverman in Houston!

Without proper legal representation, the consequences of a conviction can significantly impact your future. Hiring a Houston public lewdness defense lawyer is crucial for several reasons:

  • Knowledge of Local Laws: A lawyer familiar with Texas criminal law will understand the specifics of public lewdness statutes and the best defense strategies to challenge the charges.
  • Experience in Criminal Defense: Criminal defense attorneys have the skills and experience to negotiate with prosecutors, examine evidence, and build a case that minimizes the chances of conviction.
  • Protection of Your Rights: A Houston public lewdness defense attorney will ensure that your rights are protected throughout the legal process and that you receive a fair trial.
  • Personalized Legal Advice: Every case is unique, and a skilled attorney will tailor their defense strategy to the specific facts of your situation.
  • Peace of Mind: Knowing that you have a trusted legal advocate fighting on your behalf provides peace of mind during a stressful time.

If you are facing a public lewdness charge, attorney Jed Silverman is among just 10% of Texas lawyers who is Board Certified as a Specialist in Criminal Law by the Texas Board of Legal Specialization. He was also chosen by his peers to the list of Texas Super Lawyers® every year from 2006-2014.

Get in touch with our experienced Houston public lewdness defense attorneys today at (713) 597-2221 or fill this online form for the tough defense you need!

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