Smykay v. State

HARDBERGER, Justice.

Stephen Edward Smykay, a clinical social worker, was convicted for the offense of public lewdness. The acts that the jury found that Smykay did were to a patient, and occurred within the professional office of Smy-kay without anyone else being present. Because we feel that the elements of the public lewdness offense do not fit the facts of this case, we reverse and render.

Facts

Christine Rodriguez, a 24-year-old nurse’s aide, tested positive for marijuana use while being treated for a work related injury. Her employer required her to attend four counseling sessions with…