Public indecency laws in Texas are extremely strict.

Since they are intended to protect people from unwanted exposure to lewd and lascivious conduct, violations are punishable by fines and even imprisonment. A conviction can also cause long-term damage to your reputation in the community and may even require you to register as a sex offender.

However, not all acts of public indecency are intentional. This article reviews the various offenses that are considered public indecency in Texas.

What is Considered Public Indecency?

Understanding the meaning of public indecency is vital for anyone facing related charges. Below is an overview of the charges that qualify as public indecency in Texas and their potential consequences.

Indecent Exposure

Indecent exposure in public spaces is legally defined as the intentional exposure of one’s anus or genitals to arouse or gratify sexual desire, without considering if others might be present who could be offended or alarmed.

Examples of such conduct include:

• An individual who exposes genitals in a public park to passersby with the intent to arouse or gratify sexual desire
• Someone flashes their genitals near a school as children are leaving, intending to be seen by others
• A person urinates on a busy city street corner during daylight hours, intentionally displaying their genitals to others around them

In Texas, a first-time offense is classified as a Class B misdemeanor. Offenders may face up to 180 days in jail or a fine of up to $2,000.

For those with prior convictions, the charge escalates to a Class A misdemeanor, which can lead to up to one year in jail and fines as high as $4,000.

If convicted a second time, the individual must register as a sex offender, which can severely impact employment, housing, and community standing. 

Lewd Conduct

In Texas, lewd conduct is addressed under two sections of the penal code: public lewdness and disorderly conduct. Section 21.07 defines public lewdness as having sex in public, exposing genitals to arouse or gratify sexual desire, or committing acts of bestiality. Section 42.01 covers disorderly conduct, which includes exposing one’s genitals or performing obscene gestures in public.

Examples include:

• Two individuals engage in sexual acts inside a car parked in a public parking lot, making them visible to people passing by
• A person gropes another passenger without their consent on a crowded bus
• An individual masturbates in a public movie theater while watching a film, intending to be seen by others

These acts must occur in a public place or be visible from a public location to be considered lewd conduct.

Public lewdness is a Class A misdemeanor, potentially resulting in fines up to $4,000 and up to one year in jail.

Disorderly conduct, by contrast, is a Class C misdemeanor with fines up to $500.

When lewd conduct involves a minor, the charges are more severe, possibly leading to felony charges, significant fines, lengthy jail sentences, and mandatory sex offender registration. 

Obscene Displays

Obscene displays typically refer to recklessly showing or distributing offensive materials in a manner that disregards how others might react.

Content restricted by obscenity laws includes, but may not be limited to, drawings, photos, and videos that appeal to “prurient interest.” 

Examples of such activity include:

• Handing out sexually explicit flyers to passersby in a public square, without considering if they might find it offensive
• Projecting pornographic images onto a building’s exterior wall facing a public street
• Wearing clothing with explicit and offensive images or messages in a family-oriented public park

Obscenity is not protected by First Amendment rights to free speech. It is a Class C misdemeanor punishable by a fine of up to $500.

Texas Cases and Precedents

In recent years, there have been several reports of individuals across Texas being arrested for acts of public indecency. Below are some examples:

• In November 2023, Humberto De La Cruz was arrested and charged with indecency with a child by contact as well as indecent exposure. The incidents occurred at a fast-food restaurant where De La Cruz, who was the teenage girl’s supervisor, allegedly removed the teen’s clothing and exposed himself.
• In September 2023, former Houston Police Department officer William McCoy was charged with multiple counts of indecent exposure, including a felony charge involving a minor. McCoy allegedly exposed himself to two women on separate occasions, with one incident reportedly occurring while his young son was present.
• In September 2023, Michael Spiller faced two felony counts of indecency with a child related to allegations from 2001 and 2002. He was accused of exposing himself to young girls during car trips associated with a gymnastics camp in Boerne. 

These cases show the variety of circumstances under which public indecency charges can arise, the serious nature of the allegations, and the lasting impact these charges can have on individuals and communities. 

Penalties and Consequences

In Texas, the legal consequences for public indecency can vary significantly based on the specifics of the offense and the offender’s history.

Here are some potential penalties:

• Fines: Offenses such as indecent exposure typically result in fines. For a Class B misdemeanor, which is often the charge for a first-time indecent exposure, fines can go up to $2,000.
• Imprisonment: The same offense can carry a jail sentence of up to 180 days. More serious  or repeated offenses could escalate to Class A misdemeanors and potentially result in up to one year in jail.
• Sex offender registration: In cases involving repeat offenses or when minors are involved, individuals may be required to register as sex offenders. This registration has long-term social and legal implications affecting employment, housing, and more.

Beyond legal ramifications, those charged with public indecency often face intense social stigma, which can affect personal relationships and community standing.

Public Indecency and Digital Platforms

As digital platforms grow, so does the difficulty of defining public spaces. For instance, acts once confined to physical locations can now occur online, raising questions about jurisdiction and appropriate penalties. Social media can also amplify private moments into public spectacles, challenging traditional boundaries and enforcement strategies.

Furthermore, technologies like augmented reality could soon make distinguishing between real and virtual actions more difficult, potentially leading to new types of violations that current laws are ill-equipped to handle.

These developments require legal systems to adapt quickly, balancing the protection of public decency with respect for personal freedoms and technological innovation.

FAQs About Public Indecency

Which Actions Are Considered Public Indecency in Texas?

In Texas, public indecency is often referred to as “indecent exposure.” It typically includes exposure of one’s genitals with the intent to arouse or gratify sexual desire. This must occur in a place around others who could be offended or alarmed by the act. It also includes sexual conduct in public and grossly offensive behavior that suggests a blatant disrespect for public morals or possibly public safety.

Do Federal Laws Govern Indecent Exposure?

Federal law in the United States does not specifically govern indecent exposure. Each state has its own laws regarding this matter. Understanding the meaning of public indecency at the federal level involves knowledge of broader laws that prohibit lewd, indecent, or obscene acts under certain circumstances.

For example, federal laws address indecent exposure in specific locations such as federal lands or military bases. Acts that disrupt public order or could be considered offensive to others in areas under federal jurisdiction might be prosecuted under these statutes. Additionally, federal obscenity laws can apply to the distribution of obscene materials, but these do not typically govern simple indecent exposure.

Is Public Urination Considered a Criminal Offense in Texas?

In Texas, public urination can indeed be considered a criminal offense, but the actual charge can vary because different cities in Texas may have specific ordinances that address public urination. In one city, you could be charged with indecent exposure, while in another location the offense could be disorderly conduct. This inconsistency means that the legal repercussions can differ significantly from one jurisdiction to another.

How Does Intent Factor into Determining Charges for Public Indecency?

In Texas, the law specifically examines whether the individual’s actions were intended to arouse or gratify sexual desire. This intent component separates accidental exposure from acts meant to provoke or offend.