Is Allowing Another Person to ''Touch Genitals In Public'' Legal ?
In H v. State, 659 S.W.2d 391 (Tex. Crim. App. 1983), the appellant was charged under Texas Penal Code section 21.07(a)(3) of the public lewdness statute with allowing another person to rub his genitals in a public place.
The court of criminal appeals held that penal code section 21.07(a)(3) proscribed engaging in an affirmative act of sexual contact in a public place but not submitting to such an act. Id. at 392.
It is an offense under the statute to knowingly engage in the proscribed acts.
"Engage" is defined as "to take part in." BLACK'S LAW DICTIONARY 474 (5th ed. 1979).