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.

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Jerri Heard - October 18, 2007 5:28 PM

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

Candido - August 29, 2008 9:00 AM

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.

Carrie - October 17, 2008 9:33 AM

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?

Nye'esha - March 1, 2009 7:31 PM

I was 13 years old when they arrested me on a misdmouner charge but if you look at the tape it doesn't look like that

Nancy S. Mom - April 20, 2009 10:01 AM

My 11 year old son, while playing soccer at school recess, collided with another male student. They both fell to the ground. My son playfully began twitching his body. Seeing that he was getting laughs from his friends, he began to make movements that were suggestive of the act of having sex. After a few seconds, he got up continued playing and was not approached by a teacher until he was in line to go inside. He has since gotten an office referal for the offense of Public Lewdness that is under TEC 37.006 in conjunction with the 21.07 Penal Code. Is this a true violation of the 21.07 Penal Code or could he have been cited for merely not thinking before acting? He was not commiting the actual act of intercourse.

Michelle - April 23, 2009 8:59 PM

My son commited sexual acts with another student in a school with a closed door and dark room where he knew no one was around be considered under this? No one walked in the room nor are there any tapes that prove this just by rumor.

Sarah - July 27, 2009 2:44 PM

My friend was at a bar and was drunk. He grabbed a girl between her legs - is that public lewdness?

Cristina - December 12, 2009 12:35 AM

No, the act is not defined as public lewdness but more so a sexual assault and/or sexual battery. Although alcohol is not illegal, it is considered an irresponsible act under common law. Unless someone intentionally spiked your friend's drink without him knowing, the law holds him fully responsible for his actions. Your friend committed an unlawful touching of another person's intimate part agaisnt that person's will and for the purpose of sexual arousal, gratification, or abuse. If the victim had reported your friend, he would have been facing some serious punishment for his action.

CA - March 8, 2010 2:38 PM

Is peeing in public an act of lewdness (minor/adult-- 17 yrs old)-others were near. what if it was at school?

JimmyJohn - March 29, 2010 4:10 PM

If i go around jerking off onto peoples faces, is that lewdness?

JG - April 11, 2010 12:29 AM

two minors are caught havings sex behind their school building the girl was under CPS care and has a history of abuse in her childhood and its her first offence, while the boy has a history of violence but has never been arrested,he also had been in a mentel hospital for 3 yrs because of violent acts due to his past unknown reasons. the girl was caught naked from the waist down on top of the boy, when the teachers caught the students the boy ran but couldnt get away the girl stayed there and got dressed they where not aressted but they were charged with public lewdness. what will happen after that they were not the same age the boy was a yr older please help me the girl was my best friend and i need answers right away. please help! and thank you.

JG - April 11, 2010 12:33 AM

two minors are caught havings sex behind their school building the girl was under CPS care and has a history of abuse in her childhood and its her first offence, while the boy has a history of violence but has never been arrested,he also had been in a mentel hospital for 3 yrs because of violent acts due to his past unknown reasons. the girl was caught naked from the waist down on top of the boy, when the teachers caught the students the boy ran but couldnt get away the girl stayed there and got dressed they where not aressted but they were charged with public lewdness. what will happen after that they were not the same age the boy was a yr older please help me the girl was my best friend and i need answers right away. please help! and thank you.

Bflores - June 25, 2010 8:42 AM

I was charged with public lewdness on sept 9 2009. I was not there at the scene but was rather called to turn myself in. The alleged incident happened between jan 08 and sept 4 09. Was arrested because apparently a person gave a statement against me and that was it. No video No witness.. nothing.. Now judge is holding on to case. Attorneys filed motion to dismiss several months ago and right to speedy trail and nothing. I was a public figure at the time.

WMars - August 24, 2010 10:34 AM

Question. I pleaded "no contest" to Public Lewdness in Dec 1978 in Dallas and was fined, given 1 year probation and told that if I "kept my nose clean" for a year - the record would be expunged. It is still showing up on criminal searches after 32 years. No other arrests or criminal activities in those 32 years. What recourse do I have

lameek - September 10, 2010 5:32 PM

my father was arrested for public lewdness,he has chronic asthma,thyroid disorder and a bad heart,on his way to the store a lady accused him of walking into her beauty salon and claimed that he dropped his pants down and exposed his self to her and the ppl in the salon,some how six blocks away she is waiting at a bus stop and see him walking by and had him apprehended by ppl and held for the police, please tell me what do you make of that story? thank you for your time..god bless you

lameek - September 10, 2010 5:32 PM

my father was arrested for public lewdness,he has chronic asthma,thyroid disorder and a bad heart,on his way to the store a lady accused him of walking into her beauty salon and claimed that he dropped his pants down and exposed his self to her and the ppl in the salon,some how six blocks away she is waiting at a bus stop and see him walking by and had him apprehended by ppl and held for the police, please tell me what do you make of that story? thank you for your time..god bless you.

soldiersgirl - July 3, 2012 12:43 PM

My boyfriend and I took a walk from his house one day and we wound up at his old elementary school. We playfully chased each other around for a while and made out. He took me behind a corner and unzipped his pants and I gave him a bj. He was facing the wall so no one could see his genitals except for myself. I thought no one would see and he had no knowledge that anyone would. I cop caught us and we have trial for lewdness in about a week from now. He's 18, and I'm 16. We did not intend public exposure, though it was in a public place. We immediately felt sorry that anyone had seen any of that...what is the worst punisment we could recieve?

Mike - September 12, 2012 3:33 PM

In 1995, in Florida, under Florida statute 798.02, I received a misdeameanor for Lewd and Lacivious Behavior (masturbation in my car and someone saw me and turned me in). Disposition was Adjudication Withheld. Is this under Tx Penal Code 21.07? My wife may try to obtain home daycare license and trying to find out if this will bar her from getting licensed. Thank you.

Mike - September 12, 2012 3:35 PM

Also....concerning my previous post...since disposition was Adjudication Withheld, it is not a "conviction". Isn't for Texas that it must be a "conviction" in order to make a determination that my wife cannot receive her license?

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