Public Lewdness Charges in Texas:

What is the Penal Code for public lewdness in Texas? It is Section 21.07, found in Chapter 21 on sexual offenses. The section makes certain sexual acts in a public place a crime, and it also reaches some acts elsewhere.

This guide walks through its wording in plain language.

What Texas Penal Code Section 21.07 Says About Public Lewdness

Section 21.07 is the Penal Code for public lewdness in Texas. It sits in Chapter 21, which covers sexual offenses. You can read the full wording in the Texas Penal Code § 21.07 text.

Texas Penal Code § 21.07 provides that a person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person’s act of sexual intercourse, act of deviate sexual intercourse, or act of sexual contact. The acts are sexual intercourse, deviate sexual intercourse, or sexual contact.

The statute also covers some acts outside public places. In that case, the person must be reckless about whether another person is present who will be offended or alarmed by the act.

Several definitions in Chapter 21 shape what the key words mean. For example, Texas Penal Code § 21.01 defines “sexual contact” and “sexual intercourse,” and the exact wording of those definitions matters.

Elements the State Must Prove

For public lewdness, the parts are an act, a place, and a mental state.

1. A knowing sexual act. The person knowingly engaged in sexual intercourse, deviate sexual intercourse, or sexual contact.
2. A public place, or else recklessness. If the place is public, that part is met. If it is not, the State must show the person was reckless about whether another person was present who would be offended or alarmed.

Sexual contact has a specific meaning. It means touching the anus, breast, or genitals of another person with intent to arouse or gratify sexual desire.

Location and awareness of others are separate questions.

Classification and Potential Penalties

Public lewdness is a Class A misdemeanor under Texas law, except that the offense is a felony of the third degree if the actor is civilly committed as a sexually violent predator. A Class A misdemeanor carries a fine of up to $4,000, jail time of up to one year, or both. Texas Penal Code § 12.21 sets those limits.

There is one statutory exception. Under Texas Penal Code § 21.07, the offense is a third-degree felony if the person is civilly committed as a sexually violent predator under Chapter 841 of the Health and Safety Code.

A conviction can bring consequences beyond jail and fines. These can include effects on work, licensing, and background checks. How those play out depends on the facts of the case and the person involved.

Timing matters too. Texas Penal Code § 12.02 only states that offenses are designated as felonies or misdemeanors; the two-year charging period for Class A and Class B misdemeanors is set by Texas Code of Criminal Procedure art. 12.02, which generally allows the charge to be presented within two years of the offense. Texas Penal Code § 12.02 only states that offenses are designated as felonies or misdemeanors and lists no exceptions to a charging period.

A maximum penalty is a legal limit. It is not a prediction of what any case will result in.

Public Lewdness vs. Indecent Exposure

Indecent exposure is a separate offense under Texas Penal Code § 21.08. It is a different section with different wording. It covers exposing the anus or any part of the genitals with intent to arouse or gratify sexual desire, while reckless about whether another person is present who will be offended or alarmed by the act.

Public lewdness requires a knowing sexual act: intercourse, deviate sexual intercourse, or sexual contact. The conduct each section describes is different, so the facts that matter for each one differ.

Indecent exposure starts as a Class B misdemeanor. It becomes a Class A misdemeanor after one prior conviction under that section. It becomes a state jail felony after two or more prior convictions.

Other Texas offenses can also cover public behavior. The charge that gets filed depends on the reported facts, so the exact wording of each charge matters.

Defense Issues a Lawyer Reviews in a Public Lewdness Case

A defense review usually starts with the elements. It asks whether the State can show the act, the place, and the awareness of others.

Police reports show what was reported and when. Witness accounts show what people say they saw and from where. Lighting, distance, and the layout of the location can matter when the place or presence question is disputed.

Any video or photographs should be checked against the timeline. Charging papers and reports are also reviewed for how the incident was described and whether the details match.

Our team at Barbieri Law Firm reviews these details with clients and explains the options that come from them. No lawyer can assure a particular outcome. Each case turns on its own evidence, and the same facts can be read in different ways.

Why the Charge Matters Beyond the Courtroom

A public lewdness charge can raise questions beyond the court case. Some of those questions are worth raising early.

Texas law limits what a person must disclose after certain orders. Under Texas Government Code § 411.0755, a person whose record is subject to an order of nondisclosure is not required to state, in any application for employment, information, or licensing, that they were the subject of a criminal proceeding related to that information.

Whether an order of nondisclosure applies in a given case turns on the case’s details. Ask early about how a charge could show up on background checks and affect work or licensing.

Writing down key dates, job requirements, and licensing forms can help you ask the right questions while the case is still open.

Common questions about Texas public lewdness

Talk With Barbieri Law Firm About Your Situation

You may have heard about it from a call, a notice, or news about a family member. The questions can feel urgent and unfamiliar, and that is normal.

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, led by Heather Barbieri. The firm defends people accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth and Texas.

Our team offers a free first consultation. It is confidential and comes with no obligation to continue.

Call (972) 424-1902, or send your case details through the contact page.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.