dissenting.
I respectfully dissent for I fear that the majority has judicially declared a portion of our Texas public beaches as private for those who desire to exhibit their person without clothing or other attire in contravention of § 42.01(a)(12) of the Penal Code. Though Mr. McEachern and his family became the victims of such prohibited conduct, the majority depicts the nudist as the parties imposed upon by the McEacherns’ presence. The majority implies fault to Mr. McEachern because “he knew that the nudists were going to be there that day.” The implication is, since McEachern knew the nudists were going to be at this public place, albeit, an isolated portion of the beach, perhaps the McEacherns should have gone somewhere else.
I would surmise that public nudity1 is offensive to most people and particularity to a majority of our State Legislators, for they did indeed place into effect § 42.01(a)(12) of the Penal Code. Further, two Jefferson County juries also found appellant’s conduct reckless.
The majority holds that the State did not produce evidence demonstrating that Laeour acted recklessly regarding whether others might be present who would be offended by his acts. My review of the evidence discloses that when Laeour was cited, Laeour was nude on a public beach in Jefferson County, Texas. This occurred on July 3, 1995, the date alleged as the offense date. Laeour contends by brief that at the time he was cited for disorderly conduct, he was indeed nude. Mr. McEachern was offended enough to call law enforcement to the scene. Mr. McEachern .complains of nude people on the beach, Laeour being one of those persons. When questioned as to which of the nude people on the beach offended him, Mr. McEachern testified, “all of them.” Such evidence is satisfactorily sufficient to show; 1) that Mr. McEachern was offended; and 2) that Lacour’s nudity was offensive to McEac-hern.
Interestingly, a video tape was admitted into evidence depicting the opinions of both *528the nudists and those opposing their conduct. The nudists’ position was summarized by one woman as: “If no one don’t like it there’s plenty of beaches way down there.” The opposition to such conduct made a plea to Jefferson County law enforcement to “tighten up down here and get this situation under control so that the people who want to use the beach can without being exposed to the type of environment that they’re in right now.”
No person or group of people has the right, power or authority to unilaterally exercise eminent domain over any portion of “public property.” Despite the overwhelming evidence supportive of the recklessness of Lacour’s actions, I fear that the majority has given the nudists full authoritative power to condemn any portion of our Texas beaches in order to promote their own interest, requiring any offended citizenry to go elsewhere.
One of the naked participant’s stated, “We’re not criminals, we’re ‘nudists,’ there’s a big difference, we don’t hurt anyone.”
I can only view such statement as an effort to set “nudist” apart as some special person or group of persons having special rights to exhibit their nakedness to the public. Section 42.01(a)(12) prohibits such special and selective treatment by placing the “offensive” nature of nakedness in the eyes of the beholder, and rightly so.
The concurring opinion states, “The Legislature has never banned nudity in Texas.” I agree that there exists no per se nudity ban, however, our Legislature in its great wisdom did say that if a person chooses to intentionally or knowingly appear naked in a public place or on public property, and their so doing is in reckless disregard of those who would be offended by such conduct, that such is a crime. But for § 42.01(a)(12), no public place in the State of Texas is shielded from such conduct.
The evidence in this case clearly supports the jury’s determination that Lacour committed a crime against the laws of this State. I would affirm the trial court’s judgment.
. My generalized use of the terms “nude,” "nudity,” or "naked" presuppose that the individual in question is openly displaying his/her anus and/or genitals.