Arrested for Public Lewdness in Houston?
Being charged with public lewdness can be both humiliating and damaging. While it’s a misdemeanor under Texas law, the social stigma and legal consequences can follow you for years — especially if your case involves arrest in a public venue or a sting operation.
Attorney Jose Ceja is a Board-Certified Criminal Law Specialist with extensive experience defending sex-related misdemeanor charges, including public lewdness, throughout Houston and Harris County. If you’ve been accused, don’t risk your future. Our firm is here to defend your record, your reputation, and your rights.
What Is Public Lewdness in Texas?
Under Texas Penal Code § 21.07, a person commits the offense of public lewdness when:
They knowingly engage in sexual intercourse, deviate sexual intercourse, sexual contact, or sexual acts with an animal or fowl in a public place, or while being reckless about whether another is present who will be offended or alarmed by the act.
This offense is typically charged when individuals are caught engaging in sexual behavior in:
- Cars parked in public
- Public restrooms
- Parks or parking lots
- Adult theaters or businesses
- Strip clubs or during sting operations
Key Elements:
- Knowingly engaging in sexual acts: This includes sexual intercourse, oral or anal sex (i.e., deviate sexual intercourse), and sexual contact.
- Location or recklessness: Either the act occurs in a public place, or the actor is reckless about whether someone else is present and likely to be alarmed or offended.
Public place is broadly defined and includes areas readily accessible to the public — even if they seem private (like a parked car or a semi-secluded area of a bar).
Penalties for Public Lewdness in Houston
Public lewdness is a Class A misdemeanor, punishable by:
- Up to 1 year in county jail
- A fine of up to $4,000
- Possible probation, community service, or required counseling
Additional consequences:
- Job loss or professional license issues
- Immigration problems for non-citizens
- Long-term social stigma
Although sex offender registration is not required for a first public lewdness offense, prosecutors and judges often treat these cases harshly due to the alleged public nature of the conduct.
How Public Lewdness Cases Arise in Houston
Many public lewdness arrests happen through:
- Undercover police stings (especially in adult entertainment venues)
- Surveillance in public parks or parking areas
- Civilian complaints
- Officers observing sexual acts in cars or restrooms
In some cases, the accusations may be exaggerated or mischaracterized — such as consensual touching mistaken for a sexual act or cases involving intoxicated behavior.
Defending a Public Lewdness Charge in Texas
At Ceja Law Firm, we evaluate every angle of your case and tailor a defense to your specific situation. Common defenses include:
1. Lack of Intent
The law requires that the act be done knowingly. If you did not intend for the act to be observed, or if your conduct was non-sexual in nature, the case may not support a conviction.
2. Not in a Public Place
We can challenge whether the location truly qualifies as “public.” Some locations — like parked vehicles or enclosed booths — may be argued as private depending on the visibility and accessibility.
3. No Sexual Contact or Act
In many cases, the prosecution’s version of events is exaggerated. We may be able to prove that no sexual contact occurred, or that the contact did not meet the statutory definitions.
4. Recklessness Cannot Be Proven
To be convicted, the prosecution must show that you were reckless about whether another person was present and likely to be offended. If the area was secluded or there was no risk of being observed, this element may not be met.
5. Entrapment or Misconduct in Sting Operations
Houston law enforcement sometimes conducts stings in clubs or bars targeting dancers or patrons. If an undercover officer induced the act or blurred legal lines, entrapment may be a viable defense.
Frequently Asked Questions About Public Lewdness
Can I go to jail for public lewdness in Houston?
Yes. It’s a Class A misdemeanor punishable by up to one year in jail. However, many first-time offenders may qualify for deferred adjudication or pre-trial intervention.
Will I be required to register as a sex offender?
No. Public lewdness does not require sex offender registration under Texas law unless the charge is enhanced or part of a broader sex crime case.
What if it happened in my car?
A parked vehicle can still count as a “public place” if it’s in an area visible or accessible to others, such as a parking lot or park.
How does public lewdness differ from indecent exposure?
Indecent exposure involves showing genitals with sexual intent, while public lewdness involves engaging in actual sexual acts. Public lewdness typically carries a higher penalty and greater stigma.
Can I be deported or denied a green card for public lewdness?
Yes. While public lewdness is a misdemeanor, immigration authorities may treat it as a crime involving moral turpitude or a sex-related offense. If you are not a U.S. citizen, it is critical to consult both a criminal defense and immigration attorney before resolving your case.
Can I seal or expunge my record after a public lewdness case?
If the case is dismissed, you may be eligible for an expunction. If you receive deferred adjudication, you may qualify for a non-disclosure. Ceja Law Firm can guide you through the process.
Why Hire Ceja Law Firm for a Public Lewdness Case in Houston?
These cases are often sensitive and highly fact-specific. A conviction — even without jail time — can permanently stain your name. At Ceja Law Firm, we:
- Investigate all the facts and video evidence
- Challenge weak or ambiguous allegations
- Negotiate for pre-trial intervention or dismissal when possible
- Prepare a strong trial defense if necessary
We understand the social and legal consequences you’re facing. That’s why every public lewdness case is treated with urgency, discretion, and strategic planning.
Call a Board-Certified Houston Public Lewdness Attorney Today
If you’ve been charged with public lewdness in Houston or a surrounding area, the time to act is now. These cases are often based on questionable observations or aggressive policing — and with the right attorney, many can be dismissed or resolved without a conviction.
At Ceja Law Firm, we offer confidential consultations and personalized attention from Board Certified criminal defense attorney Jose Ceja. We’ve helped countless clients protect their names and move forward — and we’re ready to do the same for you.
Call today to protect your record, your reputation, and your future.
