Legal Question in Criminal Law in Texas

Penal Code, �21.08. Indecent Exposure:

(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

(b) An offense under this section is a Class B misdemeanor.

Elements of a �21.08 offense, a person;

Exposes prohibited body parts in a public place

Has the intent to sexual arouse himself or another

Is reckless about whether another person will be offended or alarmed

Penal Code, �42.01. Disorderly Conduct.

(a)(10) A person commits an offense if he intentionally or knowingly exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.

(c)(1) For purposes of this section an act is deemed to occur in a public place if it produces its offensive or proscribed consequences in the public place.

(d) An offense under this section is a Class C misdemeanor.

Elements of a �42.01 offense, a person;

Exposes prohibited body parts in a public place

Is reckless about whether another person will be offended or alarmed

Definition of a public place

In general the laws of Texas define a public place as �any place to which the public or a substantial group of the public has access,� but �42.01 expands the definition to include private property if the act of nudity �produces its offensive or proscribed consequences in the public place.� In plain English this means an act of nudity on private property that can be reasonably observed from a public vantage point can be prosecuted if the exposure is deemed reckless and someone is offended.

Park rules provide: (n) Public Nudity. It is an offense for any person to disrobe or appear nude in public. Females are considered to be disrobed when their breasts below the top of the areola are exposed except when nursing a baby.

Based on the wording of the law, I believe that a thong would be legal because it covers the genitals & the anus. But, if you want to be certain that you will not be bothered (because you know if you do it, someone is going to report you to the Park officials and you will likely be hassled), you might call for an opinion: Toll Free: (800) 792-1112, Austin: (512) 389-4800.