October 06, 2023
Lewd conduct can include a whole host of different actions or behaviors that are indecent or offensive, but it most often involves a sexually explicit action that is committed in public where someone else not involved in the act might be able to see it. If you are facing a lewd conduct charge in Texas, it is imperative that you speak with a criminal defense attorney about your case. Contact Scott Magee, Attorney at Law PPC, to discuss your options today.
Lewd conduct is handled under Texas law in two different sections of the penal code: public lewdness and disorderly conduct. Section 21.07 defines public lewdness, and Section 42.01 defines disorderly conduct. Under these two statutes, lewd conduct is considered any of the following:
In order for these acts to be charged under lewd conduct statutes in Texas, they must occur in a public place or be seen from a location that is deemed public.
If you are charged with lewd conduct in Texas, the penalties will vary based on how the charge was filed and the act you allegedly committed. Penalties can range from fines of a couple of hundred dollars to jail time.
A charge of public lewdness can result in up to $4,000 in fines and no more than one year in jail. Public lewdness is charged as a Class A misdemeanor in Texas under Section 21.07. A charge of disorderly conduct can result in up to $500 in fines if convicted. Disorderly conduct is charged as a Class C misdemeanor in Texas under Section 42.01 of the penal code.
If you are facing a charge of lewd conduct or any other sexual offense charge, it is important that you talk to a Williamson County sex crimes attorney about your case. An initial consultation will help you understand what you can expect during the legal process and how you can defend your rights against such a charge.
An act of lewd conduct involving a minor can result in a felony charge under Texas law. A conviction of a felony lewd conduct act can result in thousands of dollars in fines and years in jail. You might also be required to register as a sex offender, which will follow you wherever you go in life.
It is important to note that there is no statute of limitations to file a charge in Texas of lewd conduct involving a minor. You can face up to 10 years in prison for indecency by exposure of a minor and up to 20 years in prison for indecency by contact with a minor.
Facing a felony charge of lewd conduct involving a minor in Texas? Call an experienced criminal defense attorney to discuss your case as soon as possible so you can build a strong defense.
When you work with a criminal defense attorney to fight a lewd conduct charge in Texas, you will be able to build a defense to the charges. Some of the most common defenses used to fight lewd conduct charges include the following:
One example of fighting a lewd conduct charge is that you were urinating in public. While there would not seem to be sexual intent, you were still charged. Urinating in public is not technically a sexual act, but if someone saw you perform this action without your knowledge, it can lead to a lewd conduct charge. The same goes for if you were trying to get changed and thought you had privacy, such as in your vehicle in a parking garage or in a dark parking lot. You should inform your lawyer of such immediately so that they can show there was no sexual intent in your actions.
It is never a good idea to represent yourself when facing a criminal charge in Texas. You do not know the intricacies of the law or how to represent yourself in court. An experienced criminal defense lawyer knows the ins and outs of the law and how the prosecutors operate, and can teach you how to behave while in court. A criminal defense attorney can help you when facing a lewd conduct charge in a variety of ways.
One of the biggest advantages of working with a lawyer when facing a criminal charge is that they will be able to explain the legal process thoroughly. You will not have to worry about missing filing deadlines, hearings, or court appearances when a lawyer is by your side.
As with any type of criminal case, your lawyer will build a defense to the charges filed against you. The defense will include evidence the lawyer has collected, evidence you provided, your statement, eyewitness statements, and, if available, video footage of the area where the alleged incident took place.
Should the prosecutor decide not to drop the charges and move forward, a criminal defense lawyer will represent you in court. Experienced criminal defense lawyers are always prepared to appear in court with their clients but aim to resolve the matter before going to court.
Should the court convict you of the alleged lewd conduct charge, an experienced criminal defense attorney in Williamson County, Texas, will work to file an appeal on your behalf so you do not have to handle it on your own.
A conviction for lewd conduct in Texas can have an impact on your life. For example, the conviction will appear on any background check run by a potential employer. This could result in you having difficulty landing a job almost anywhere, but especially at a school or anywhere else there are children present.
However, there are no reporting requirements under Texas law to register as a sex offender if you are convicted of lewd conduct. While this might make it easier to obtain employment or secure rental housing, it still does not remove the conviction from your record when a background check is performed.
Were you charged with lewd conduct in Texas? You deserve to have your rights protected. Talk to an experienced criminal defense attorney about your situation. Call the office of Scott Magee, Attorney at Law PPC, today or complete our contact form to schedule an appointment.
Contact R. Scott Magee, Attorney at Law, to receive expert guidance and dedicated representation for your criminal defense case.
Categories: Criminal Defense