The Texas Penal Code prohibits sexual conduct that is damaging to the well-being of society. This includes indecent exposure and public lewdness, and understanding the nuances between the two is important, as the penalties differ significantly. As the name implies, indecent exposure involves exposing your genitals or anus in public with the intent to arouse or gratify. Public lewdness, however, is explicitly sexual conduct in public. Therefore, the penalties for public lewdness are harsher than for indecent exposure.
For instance, if you get caught masturbating in public, you can be charged with indecent exposure. On the other hand, if you get caught having sex in public, like in a parking lot or park, you could get charged with public lewdness.
If you’ve been accused of indecent exposure, public indecency, Texas voyeurism charges, or any other sex crime, contact a sex crimes lawyer at The Law Offices of Ned Barnett right away. Free consultations are available, and we know how to secure the best possible outcome.
Call today at (713) 222-6767.
Texas Indecent Exposure Law
Indecent exposure consists of exposing your anus or any part of your genitals with the intent to gratify yourself or another person. Additionally, indecent exposure requires that you be reckless about whether someone will see you and get offended.
Indecent exposure is a Class B misdemeanor. It carries a maximum sentence of six months in jail and up to $2,000 in fines.
Is Public Urination Also Indecent Exposure?
Many city ordinances in Texas also prohibit public urination. You’ll likely be cited with an ordinance violation unless there is proof you acted with sexual intent, in which case you could be charged with indecent exposure. However, prosecutors must prove intent beyond a reasonable doubt, making simple urination more likely to result in a ticket.
What Is Public Lewdness?
Public lewdness is knowingly doing any of the following in public, or where it’s likely someone else will see and be offended:
- Sexual intercourse
- Deviate sexual intercourse (anal sex, use of sex toys, etc.)
- Sexual contact (masturbation, mutual intimate touching, etc.)
- Sexual intercourse or contact with an animal
Public lewdness is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
Why You Should Defend Against These Charges
Many people quickly accept plea deals in public decency cases just to move on. This is a mistake. A conviction results in a permanent criminal record, which could jeopardize your employment, housing, education, or even professional licenses.
How Houston Public Lewdness Lawyer Can Help
These charges are often based on misunderstandings. At The Law Offices of Ned Barnett, we know how to challenge these allegations. We may be able to demonstrate lack of intent, mistaken identity, or that you reasonably believed no one would witness your conduct.
Contact attorney Ned Barnett at (713) 222-6767 or online for a free and confidential consultation.
Is Groping Illegal in Texas?
Being accused of inappropriate touching is always serious. Texas upgraded groping to “indecent sexual assault” in 2019—a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine.
Charged with groping or any sexual assault? Call The Law Offices of Ned Barnett at (713) 222-6767, or reach out online.
When Groping is Illegal
Groping is defined as touching another person’s anus, breast, or genitals without consent and with the intent to arouse or gratify sexual desire.
Other Charges Related to Groping
Misdemeanor Assault
Under Section 22.01 of the Texas Penal Code, this is contact you know is likely to be considered offensive. It’s typically charged as a Class C misdemeanor with a $500 fine.
Public Lewdness
Sexual acts performed in public or with disregard for observers can be charged as public lewdness, a Class A misdemeanor.
Indecency with a Child
This second-degree felony applies to sexual contact with a minor under 17. Convictions carry up to 20 years in prison and $10,000 in fines.
Charged with Groping?
You could be forced to register as a sex offender. Don’t face it alone. Talk to a criminal defense lawyer who can protect your rights.
Texas Peeping Tom & Voyeurism Laws
Texas criminalized voyeurism in 2015. Previously, “peeping tom” behavior was prosecuted as disorderly conduct. Now, spying on others to satisfy a sexual urge can result in misdemeanor or felony charges.
Contact a criminal defense lawyer at (713) 222-6767 for a free consultation if you’re accused.
Texas Voyeurism Law
Section 21.17 defines voyeurism as observing someone without consent in a place they reasonably expect privacy, with the intent to gratify sexual desire.
Examples of Voyeurism
- Peering into windows late at night
- Watching someone in a changing room
Penalties for Peeping Toms
- First offense: Class C misdemeanor ($500 fine)
- Second offense: Class B misdemeanor (up to 6 months jail, $2,000 fine)
- Victim under 14: State jail felony (up to 2 years jail, $10,000 fine)
Accused of Peeping or Voyeurism?
Stay silent and call (713) 222-6767 or contact us online immediately. A misunderstanding shouldn’t ruin your future.
Public Decency & Touching Offenses in Texas – FAQs
Can I Go to Jail for Indecent Exposure in Texas?
Yes. Indecent exposure is a Class B misdemeanor in Texas, which carries a penalty of up to 180 days in jail and a $2,000 fine. While first-time offenders may be eligible for probation, jail time is a real possibility without strong legal representation.
Is Public Lewdness Considered a Sex Crime?
Yes. Public lewdness is considered a sex-related offense under Texas law. A conviction can result in serious consequences, including jail time, fines, and potential damage to your reputation and career—even if you are not required to register as a sex offender.
Will I Have to Register as a Sex Offender for Public Decency Charges?
Not always. Indecent exposure and public lewdness typically do not trigger sex offender registration unless there are aggravating factors, such as repeat offenses or involvement of a minor. An experienced attorney can help you avoid registration if possible.
What If No One Saw the Alleged Conduct?
Even if no one claims to have seen your conduct, you could still be charged if law enforcement believes you acted recklessly about the possibility. However, a lack of eyewitnesses or video evidence can create reasonable doubt, which your defense lawyer can use to your advantage.
Can a False Accusation Lead to a Conviction?
Yes, if not properly challenged. Allegations of groping, exposure, or voyeurism often rely on one person’s word against another’s. A strong defense strategy, including witness interviews, evidence review, and cross-examination, is essential to protect your rights and avoid unjust penalties.
What Should I Do If I’m Being Investigated But Haven’t Been Arrested?
You should contact a defense attorney immediately. Saying the wrong thing—even before arrest—can hurt your case. An attorney can advise you on your rights, communicate with investigators on your behalf, and take steps to prevent charges from being filed.
Can These Charges Be Expunged from My Record?
Possibly. If your case is dismissed, you are acquitted, or successfully complete a deferred adjudication program, you may be eligible to have the record sealed or expunged. A sex crime attorney can help determine your eligibility and file the proper motions.
How Does Texas Define ‘Sexual Intent’ in These Cases?
Texas law defines sexual intent as the goal to arouse or gratify sexual desire. Prosecutors often try to infer intent from circumstances, body language, or witness testimony. Your defense can dispute these interpretations and argue that your actions were misinterpreted or accidental.
Accused in Houston? Call Houston Attorney Ned Barnett
If you need a Houston sex crimes lawyer to deal with indecency charges, call attorney Ned Barnett today at (713) 222-6767, or contact us online for a free and confidential consultation. We’ll review what happened, explain your options, and guide you toward the best possible outcome.