''Sexual Contact'' Legal Definition - Public Lewdness In Texas
The Court of Criminal Appeals in Resnick v. State, 574 S.W.2d 558 (Tex. Crim. App. 1978), has interpreted "contact" broadly in the context of public lewdness.
In Resnick, the defendant claimed that the evidence of public lewdness was insufficient because the sexual contact consisted of touching through trousers, not skin-to-skin contact.
The court defined "touching" and concluded that it could be accomplished through clothing. Id. at 559, 560.
Though Resnick defined "touching" in the context of public lewdness, we feel the same analysis applies to "contact" as it applies to aggravated sexual assault.
There is no reason to apply a different meaning in the context of aggravated sexual assault.
Under the applicable provisions of the Texas Penal Code, a person commits indecency with a child if he engages in sexual contact with a child who is younger than seventeen and not his spouse. TEX. PENAL CODE ANN. 21.11(a)(1) (Vernon 1994 and Supp. 2000).
"Sexual contact" is defined as any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person. Id. at 21.01(2) (Vernon 1994).