Texas law protects public decency and morality by criminalizing sexual behavior that occurs in public or is visible to non-consenting individuals. While consenting adults are generally free to engage in sexual activity in private, the moment those actions become visible—or even potentially visible—to others, the law steps in with criminal penalties.
Two of the most misunderstood misdemeanor sex crimes in Texas are indecent exposure and public lewdness. Though the names sound similar, the legal elements and consequences differ significantly. At Tad Nelson & Associates, we represent individuals throughout Galveston, League City, Friendswood, and Houston who are facing these types of charges—and we understand just how serious even a so-called “minor” sex offense can become.
What Is Indecent Exposure in Texas?
Under Texas law, a person commits indecent exposure when they expose their genitals or anus with the intent to arouse or gratify sexual desire—and they are reckless about whether someone who might be offended could see it.
This doesn’t mean someone has to witness the act. All it takes is the possibility that someone might observe you and be offended.
Examples of Indecent Exposure:
- Flashing someone on the street or in a vehicle
- Standing naked in front of a window where people can see from the outside
- Nude sunbathing in a public or semi-public place
- “Accidentally” letting a towel slip in a gym or locker room
Legal Consequences:
Indecent exposure is a Class B misdemeanor, punishable by:
- Up to 180 days in jail
- A fine of up to $2,000
But the most damaging consequence may be sex offender registration. Two convictions for indecent exposure can require you to register as a sex offender for 10 years—a serious, life-altering consequence that affects housing, employment, and even travel.
What Is Public Lewdness?
Public lewdness is a more serious offense. It involves engaging in actual sexual conduct—intercourse, sexual contact, or deviate sexual activity—in a public place or in a private place where someone else might see and be offended.
Examples of Public Lewdness:
- Having sex in a car parked in a public space
- Engaging in sexual activity in a park or alley
- Intimate touching in a restroom or dressing room
- Sexual activity in a residence with open blinds or windows, visible from the street
Unlike indecent exposure, public lewdness always involves physical sexual activity, not just nudity or exposure.
Legal Consequences:
Public lewdness is a Class A misdemeanor, which carries:
- Up to 1 year in jail
- A fine of up to $4,000
- The potential for sex offender registration depending on the facts and any prior record
Multiple convictions or aggravating factors—such as being near a school, or if a minor witnesses the act—can increase penalties or lead to felony charges under certain circumstances.
How Prosecutors Build These Cases
In both indecent exposure and public lewdness cases, prosecutors rely heavily on:
- Eyewitness testimony
- Police reports
- Surveillance footage
- Social media or cellphone recordings
In many cases, these charges arise from misunderstandings or false assumptions. Someone may mistake nudity for a sexual act. Or a neighbor may call the police simply out of anger or discomfort.
Unfortunately, these accusations are taken very seriously in Galveston County, Harris County, and the surrounding jurisdictions. Even a single charge can result in:
- Public embarrassment
- A tarnished professional reputation
- Problems with child custody or divorce proceedings
- Immigration or licensing issues
Why You Need a Criminal Defense Attorney
Too often, people accused of these crimes think they can “explain it away” or hope it’ll blow over. But prosecutors in League City, Friendswood, Houston, and Galveston aggressively pursue even misdemeanor sex crimes—and judges don’t take them lightly.
At Tad Nelson & Associates, we know how to dismantle these cases:
- We challenge the credibility of witnesses
- We analyze the intent element (was there really sexual motivation?)
- We dispute whether the exposure was truly “reckless”
- And we work to avoid any conviction that could trigger sex offender registration
Even if the facts are difficult, we can often negotiate dismissals, diversion programs, or reduced charges—especially for first-time offenders.
Charged with Indecent Exposure or Public Lewdness in Galveston or Houston?
Whether the incident happened at a beach in Galveston, during Mardi Gras, at a concert in Houston, a neighborhood in Friendswood, the Sportsplex in League City, or Space Center in Webster—don’t take these charges lightly. One misstep can follow you for life.
Call Tad Nelson & Associates today at (281) 280-0100
We offer discreet, judgment-free legal representation for clients in Galveston, Houston, League City, Friendswood, and across the Gulf Coast. Let us fight for your freedom—and your future.