Defense Of Lewd Conduct Accusations
People accused of lewd conduct, or public indecency, in Texas are accused of acting in an obscene or offensive sexual way in public.
At Barbieri Law Firm, P.C., we understand that there are plenty of gray areas in this legal definition that could have resulted in you being wrongfully charged for the crime. It is our goal to ensure your rights are respected and upheld throughout the criminal process.
People choose to work with our law firm because:
- We have several decades of total legal experience
- Attorney Heather Barbieri is board-certified in criminal law
- We offer call availability for client convenience
- Our teamwork approach to each case empowers our clients
Begin your defense with confidence. Contact us now.
Key Details Of Lewd Conduct Charges
Any sort of sex crime charge in Texas can bring heavy consequences upon conviction. Most are high-level misdemeanors or felonies, and nearly all can include sex offender registration in sentencing requirements.
Lewd conduct and public indecency charges are no exception. In order to better protect your rights from such a charge, it helps to know about the accusation itself.
Texas Penal Code Section 43.21 includes multiple important definitions when describing obscenity or lewd conduct, including:
- Obscenity: An action, presentation or material that “the average person” would find offensive and lacking any artistic value.
- Display: Making the observation of an obscene act possible through any means, such as personal presentation, sharing digital files, playing audio, etc.
- Promote: Attempting to make the audience of the performance enjoy or agree with the act being displayed. Distribution efforts, like emailing images of sexual acts, are also promotion.
When the law is looked at as a whole, it is apparent that the definitions have been kept vague for a reason. Lewd conduct has become somewhat of an umbrella term. Police officers can arrest people for lewd conduct for nearly any reason, as long as the suspect was acting in some way that could be interpreted as sexual. In turn, prosecutors are able to file more charges based on the vagueness of the crime. It creates a one-sided situation that disfavors the defendant.
Tip The Legal Scales In Your Favor
When you are facing a lewd conduct charge, it might feel like you are preparing for an uphill legal battle. By retaining our criminal defense lawyers, you can eliminate both the stress and the unknowns of your case. Our legal team is ready to defend you and give you the strength needed to challenge the opposition.
We want to hear from you. Call 469-300-1522 for a complimentary consultation.