Are Police Allowed To Arrest You for Public Sex in Texas if No One Saw?

 Posted on December 18, 2025 in Criminal Defense

You are facing a potential public lewdness charge, but you are certain no one witnessed anything. So how can law enforcement move forward with an arrest? The reality is more complex than most expect. Texas prosecutors do not always need an eyewitness to pursue public lewdness charges. The first step in building your defense is to find a Collin County, TX sex crimes defense lawyer. At The Crowder Law Firm, P.C., we can help you understand how the court may view the circumstances of your case so you can make informed decisions.

How Texas Law Defines Public Lewdness

Texas law does not use the term "public sex" as a formal charge. Instead, these cases are typically handled as public lewdness. Under Texas Penal Code § 21.07, public lewdness can involve engaging in certain sexual conduct in a public place. It can also apply in a private place if there is a risk that someone else could see it and be offended.

This definition matters because the law looks at more than just whether someone actually saw what happened. It also takes into account where the situation occurred and whether there was a real chance it could have been seen. That is why officers often consider the full context, rather than focusing on one detail alone.

What Counts as a "Public Place" Under Texas Law?

Whether a location is considered public plays a major role in these cases. Texas Penal Code § 1.07(a)(40) defines a public place as any area where the public, or a substantial group of the public, has access. This can include places like streets, parks, parking lots, retail spaces, or shared areas of residential properties.

A place does not lose its public status simply because it is quiet or mostly empty at the time. For example, a parked vehicle in a store parking lot or an area near a public walking path may still be treated as public under the law. Officers often focus on the nature of the location and its typical use, rather than how many people were nearby at a given moment.

How Do You Fight a Public Lewdness Charge in Texas?

Each case is evaluated based on its specific facts. When there is no direct witness, the defense often looks closely at how the charge was formed and whether the legal standards were truly met. The focus is on the evidence, the location, and the actions taken by law enforcement at the time.

Possible defense considerations may include:

• The legal status of the location and how it is defined under Texas law

• The likelihood that the conduct could have been seen by others

• What the officer personally observed compared to what was assumed

• The basis for probable cause at the time of the arrest

• How closely the alleged conduct matches the statutory definition

• Conflicts between reports, statements, and body camera footage

Even small factual differences can influence how the law applies. Talk to a defense attorney immediately to start building your strategy based on the unique circumstances of your case.

Schedule a Free Consultation With a Plano, TX Sex Crimes Defense Attorney

Speaking with a Collin County, TX sex crimes defense lawyer can help you better understand how the law applies to your situation and what options may be available. The Crowder Law Firm, P.C. has a long history of standing up for clients, including achieving hundreds of not guilty verdicts. Call us today to schedule your free consultation and find out how we can help. We can serve clients in English or Español.