There is nothing wrong with a little PDA from time to time. However, such intimacy may result in “public lewdness” charges in Texas.
According to Texas criminal law, a person commits public lewdness if he/she knowingly engages in sexual intercourse, deviate sexual intercourse (i.e., oral and anal sex), and any sexual contact (i.e., any touching of private parts to arouse or satisfy sexual urges) in a “public place.” A public place means any area where there is a group of people or where the public has access to, such as public parks and outdoor spaces, public restrooms, common areas of an apartment complex, and even inside of a vehicle located in a parking lot or on a roadway.
However, you can be charged with public lewdness in a nonpublic place where you recklessly ignored the risk that another person might be alarmed or offended by the sexual act. For example, if you share a house with several other people and you have sex in the living room and a housemate walks in on the act, you could be arrested for public lewdness if the individual was alarmed or offended.
Public lewdness is a Class A misdemeanor that carries a jail term of up to one year and a maximum fine of $4,000. Although this offense is considered a sex crime, a conviction does not result in registration as a sex offender.
If you or a loved one has been charged with public lewdness or any other sex crime in Bryan or College Station, contact Shane Phelps Law. today at (979) 773-7028 for a free initial consultation. Let more than 30+ years of experience protect your rights and freedom.