Generally speaking, an act of public lewdness according to the Texas Penal code is public fornication. A person commits an offense when he or she knowingly engages in any of the following acts in a public place or, while another person is present who might be offended or alarmed by his or her:
- act of sexual intercourse;
- act of deviate sexual intercourse;
- act of sexual contact; or
- act of sexual contact with an animal or fowl.
An offense is punishable by a maximum fine of $4,000 and/or not more than one year in prison.
Under the Texas Penal Code, public lewdness is considered a misdemeanor. A conviction, however, could have as much impact as a felony. Public Lewdness cases are almost exclusively enforced in situations involving two men. Many men each year are charged by the Vice Squad in adult movie theaters, spas, parks or outside of gay clubs and bars.
Austin Public Lewdness Defense: The Charles Johnson Law Firm
If you are arrested for public lewdness, contact our office as soon as possible. We have a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood.