Differences between indecent exposure and public lewdness
Texas defines laws for both indecent exposure and public lewdness. These two terms are often used interchangeably, but there are a few key differences between the two. Some of these changes are slight, such as if there was intent in the offense or if a second party was involved, while others, like the offenses’ penalty schedules, are much more distinct.
What is Indecent Exposure?
Under Texas Penal Code - PENAL § 21.08, indecent exposure refers to the act of exposing any part of his/her genitals or anus with intent to gratify the sexual desire of any person and is reckless if any other person is present who will be offended or by this act. Some examples of this criteria include:
- Public Nudity: If someone exposes their genitals in a public place like a park or street while knowing that others are present and with the intent to arouse themselves or others, it could be considered indecent exposure.
- Masturbation in a Public Area: Masturbating in front of someone in a place where the person can reasonably expect privacy (like a restroom or public park) would constitute indecent exposure.
- Flashing: Purposefully exposing one's genitals to someone (for example, from a car or on the street) for the purpose of shocking, offending, or gaining sexual gratification.
Key to the crime of indecent exposure is the element of sexual gratification. There is an intent to expose one’s genitals without acknowledging that this is disturbing for unconsenting participants in this act.
Indecent Exposure with a Child
One possibility of obtaining an indecent exposure charge is exposing oneself to someone younger than 17 years of age regardless of whether the person knows the age of the child at the time of the offense.
Penalties for this are more severe, someone can be charged with a felony of the second degree and being registered as a sex offender. Fines can be up to $10,000 and up to 20 years in prison.
What is Public Lewdness?
Under Texas Penal Code - PENAL § 21.07, public lewdness refers to the act of commiting an act of sexual conduct, intercourse, sexual deviancy, and/or bestiality in a public setting. Some examples can include:
- Engaging in sexual intercourse in public: If two individuals engage in sexual intercourse in a park, on a beach, or any other public location, they may be charged with public lewdness.
- Engaging in deviant sexual acts in a visible place: Deviant sexual acts include things like oral sex or any other form of sexual contact that occurs in a public or semi-public area where someone could see it and be offended.
- Engaging in sexual activity in a vehicle visible to the public: If two individuals are having sex in a parked car in a public place, like a parking lot, and they can be observed by others, this could be an example of public lewdness.
So what is the difference?
In simple terms, indecent exposure is the public exposure of genitals with intent to arouse whereas public lewdness is engaging in a sexual act in a public setting. Additionally, cases involving children result in more severe penalties.
Penalties
Penalties for Indecent Exposure
Class B Misdemeanor:
- Up to 180 days in jail.
- A fine of up to $2,000.
- Possible community service and probation.
- Possible registration as a sex offender
Penalties for Public Lewdness
Class A Misdemeanor:
- Up to one year in jail
- A fine up to $4,000
- Possible community service and probation
- Possible registration as a sex offender
What is Sex Offender Registration?
Sex offender registration is a legal requirement for individuals convicted of specific sexual offenses, such as indecent exposure or public indecency. This requires someone to report personal information, such as name, address, employment, and vehicle details, to local law enforcement. The purpose is to monitor offenders and inform the public, thereby enhancing community safety. In Texas, registration periods vary by the severity of the offense, ranging from 10 years to life. Public access to registry information is common, allowing residents to know if offenders live nearby. Registered individuals must regularly update their details and may face additional penalties, including fines or jail time, for non-compliance. They may also face residency and employment restrictions, particularly if their offenses involve minors, limiting where they can live or work.
Additional Considerations: Disorderly Conduct and Public Urination
Disorderly Conduct includes various disruptive behaviors in public, often used as a less severe charge when specific sexual conduct doesn’t meet the criteria for indecent exposure or public lewdness.
Public Urination may also fall under disorderly conduct in Texas, depending on the circumstances. While public urination often results in a Class C misdemeanor, repeat offenses or aggravating factors—such as urinating in areas frequented by families or near schools—can escalate charges and penalties. Indecent exposure involves an intent of sexual gratification and public urination does not, public urination can still have the charges similar to indecent exposure such as fines, jail time, and being registered on the sex offenders list. Potential penalties include:
- Fines: fines up to $500
- Jail Time: In rare cases where public urination occurs repeatedly or under particularly disturbing circumstances, a judge may impose brief jail time.
- Sex Offender Registration: There are situations where public urination charges escalate, especially if the conduct occurred near children or disturbed or shocked the public in a way similar to indecent exposure. This can result in mandatory sex offender registration
Additional Resources
Texas Penal Code - PENAL § 21.08,: Indecent exposure definition and penalties
Texas Penal Code - PENAL § 21.07: Public lewdness definition and penalties
Hire a Criminal Defense Attorney in Travis County
Kevin Bennett is a skilled Austin criminal defense lawyer who can represent you if you are charged with any charge of a sex crime in Travis County, including in Manor, Oak Hill, and Bee Cave.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a consultation.
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