Public lewdness and indecent exposure are both misdemeanors under Texas law. While they both involve sexual acts of one sort or another, and both involve sexual acts which are in a public place or in the presence of another person or persons, there are differences between the two. The primary differences are:
Public lewdness requires at least two people involved in the sexual act or acts.
Indecent exposure always requires an intent to arouse the sexual desire of a person, while not all public lewdness charges contain that such requirement.
Public lewdness is a class A misdemeanor, while indecent exposure is a class B misdemeanor.
The answers are unclear as to why the two offenses are classified differently, or why “public lewdness” can occur in a non-public place.