Definition of Public Lewdness - Texas Penal Code Section 21.07
§ 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.
My daughter is 11 years old and is Autistic. During her recess at school a 9 year old boy was sexually vulgar to her. He asked her if she was gay and asked her to look at his "private area's". He used vulgar words. I want to know what the school should be doing about this. Can you help me?
Jerri Heard
Well, it depends. Many times schools have to look at the students and if they understand the actions they are taking. For example if the boy is a special education student who does not understand his actions it's very difficult to punish the boy. However, if the boy is fully aware of what he did and knew that it was wrong then the school should either be looking at referring him to the counselor. If this boy has been referred to the counselor before for similar actions and a discipline plan has been made then the boy could be either suspended or placed in alternative school. There's never an easy answer for these problems. Everything has to be taken in a case by case basis.
If two teenagers have sex in a closed up vehicle and nobody is around to see them. And then both are fully dressed before anyone is around to be caught in public would it still be considered public lewdness or disorderly conduct or something else?