Is Sexual Conduct In a Parked Car In An ''Isolated'' Area Legal ?
In Honeycutt v. State, 690 S.W.2d 64 (Tex. App.-Houston [14th Dist.] 1985, pet. ref'd), the defendant's car was parked at 2:00 a.m. next to a fence in a large, dark parking lot behind an abandoned building located next to an adult book store.
There were no gates or barriers preventing public access to the parking lot.
A police officer approached the car, and without the aid of a flashlight was able to see that the two occupants had lowered their slacks and underwear.
The court of appeals found that although the public did have access to the lot, and although anyone who stood at the car window could have viewed lewd activity without artificial light, it was highly unlikely that anyone but a policeman would have approached the car. Id. at 65.
Therefore, the court concluded that the appellant's conduct did not occur in a public place and found the evidence insufficient to sustain the conviction. Id. at 66.