I think this has come up before but what offense is this?

Victim goes to pay a wrecker driver for pulling her car home. She puts a $10.00 tip in his shirt pocket. When she does, the wrecker driver pulls her close, grabs her breast and tries to kiss her. She pushes away and he reaches behind her and grabs her buttocks. No physical pain - no bodily injury.

She, understandably, is quite upset.

All I see is a Class "C" Assault. I have been though this before and reached the same conclusion but I hope those of you that are smarter than I (the list should be legion) may have adifferent idea.

You could conceivably qualify as public lewdness if the act took place in a public place or if the actor was reckless about whether another was present. Section 21.07(a)(3) covers an act of sexual contact. That terms is defined in Section 21.01(2) as any touching of the anus, breast or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. Obviously the fact that 21.11 includes a definition for children that includes touching through the clothing cuts against an interpretation that such conduct violates 21.07 if all the parties involved are adults. Just a thought.

Robert DuBoise

Now that could certainly become a touchy subject.

Hey Tuck,

* Should be an upper-level felony due to the actor's so-called profession.

* If he was in possession of a cell phone while groping and towing, perhaps it should be even a notch higher.