Hines v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of public lewdness, under V.T.C.A. Penal Code, § 21.07(a)(3). Punishment was assessed at 60 days in jail, probated for twelve months, and a fine of $500. Section 21.07(a)(3) reads:

“(a) A person commits an offense if he knowingly engages in any of the following acts in a public place, or if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his act:

[[Image here]](3) an act of sexual contactf.]” 1

The facts show that appellant engaged in…