Texas public lewdness — Penal Code § 21.07
Texas public lewdness is a criminal offense under Penal Code § 21.07. Base conduct is classified as a Class A misdemeanor; enhancements, value tiers, or aggravators can move the classification up to felony exposure. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 21.07 criminalizes specific sexual acts in public — sexual intercourse, deviate sexual intercourse, contact with another's anus or genitals, or contact with an animal — when reckless about whether another person is present who would be offended or alarmed. Unlike indecent exposure (§ 21.08), public lewdness covers a broader range of contac
Classification: Class A misdemeanor
Punishment range: Up to 1 year county jail and up to $4,000 fine
The controlling statute
Texas Penal Code § 21.07 criminalizes specific sexual acts in public — sexual intercourse, deviate sexual intercourse, contact with another's anus or genitals, or contact with an animal — when reckless about whether another person is present who would be offended or alarmed. Unlike indecent exposure (§ 21.08), public lewdness covers a broader range of contact-based conduct.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 21.07 |
| Cluster | Sex Crimes / Indecency |
| Classification | Class A misdemeanor |
| Range | Up to 1 year county jail and up to $4,000 fine |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 21.07 charge, the State must prove every element beyond a reasonable doubt:
- Defendant engaged in specific sexual conduct listed in § 21.07(a)
- Conduct occurred in a public place OR not in a public place but with reckless disregard of whether another is present
- Defendant was reckless about whether another person was present who would be offended or alarmed
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Public Lewdness case:
- Conduct was not in a "public place" as defined by Penal Code § 1.07(a)(40)
- No reckless disregard — privacy expectation reasonable under circumstances
- Insufficient evidence of the sexual conduct itself
- First Amendment defense in expressive contexts (limited application)
- Mistake of fact regarding presence of others
- Mental capacity / intoxication defense (limited under § 8.04)
Enhancements & collateral consequences
A second offense of public lewdness elevates indecent exposure to felony registration status under CCP Chapter 62 (Article 62.001(5)(F)). Prior convictions for public lewdness can also enhance subsequent sex-offense charges.
Key Legal Terms
- Deviate Sexual Intercourse (§ 21.01(1))
- Defined term — contact between any part of the genitals of one person and the mouth or anus of another; or penetration of the genitals or the anus of another person with an object.
- Recklessness (§ 6.03(c))
- Conscious disregard of a substantial and unjustifiable risk. For § 21.07, recklessness about whether another offended person is present is the required mental state.
- Public Place (§ 1.07(a)(40))
- Any place to which the public or a substantial group of the public has access — streets, parking lots, common building areas, public buildings, transportation facilities.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the difference between public lewdness and indecent exposure in Texas?
Does public lewdness require registration as a sex offender?
What is a "public place" under Texas law?
Can a private home become a public place under § 21.07?
Can public lewdness charges be expunged in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Public Lewdness? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060