Hollywood may have made light of indecent exposure offenses, with characters known as “flashers,” being humorously placed in movies on television, but Texas State Law takes this crime seriously. A conviction of indecent exposure can drastically change an individual’s life, requiring them to register as a sex offender.
If you or a loved one has been charged with this category of sex crimes, you will want a criminal defense attorney on your side to ensure that your trial is fair and your rights are protected. The attorneys at Gebhardt and Eppes, PLLC has been helping the individuals of Fort Worth, Texas navigate the confusing and intimidating criminal trial process, ensuring that they get the best outcome possible for their charges. Here is more information on indecent exposure laws and charges in the State of Texas.
What Is Indecent Exposure?
The Texas Penal Code Section 21.08 defines indecent exposure as “a person who 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.”
Under this law, anyone who behaves recklessly is aware of the substantial, unjustifiable risk associated with their behavior, but they consciously choose to disregard this risk. The law doesn’t require that the indecent exposure is in a public location at the time of the offense nor does it specify how long the genitals are exposed to be considered indecent.
What Are Examples of Indecent Exposure?
Any action that willfully exposes one’s genitals in a public place and that exposure offends or annoys another person, falls under the realm of indecent exposure. Common examples of indecent exposure include the following:
- Urinating in public places such as an alley.
- Masturbating in public places such as a park.
- Exposing genitals on a bus or a street.
Can I Be Charged With Indecent Exposure in My Own Home?
While most incidents of indecent exposure happen in a public setting, it is possible to be changed with indecent exposure in your backyard or house. If an individual can see you in your yard or from a window, and there is intent to arouse yourself or the individual outside, then you can get charged with indecent exposure. However, if the indecent exposure was a mistake, then the charge could potentially be dropped. If the intention was to offend, alarm, shock, or arouse your neighbors then it will be considered indecent exposure.
What Are the Penalties for Indecent Exposure?
In the State of Texas, the charge of indecent exposure typically falls under a Class B misdemeanor. A conviction for indecent exposure will often carry the following consequences:
- Up to 180 days in a county jail
- A fine of up to $2,000
- Possibility of registration as a sex offender
A judge will determine the sentence for indecent exposure and depending on the circumstances surrounding the offense, may hand down less severe penalties. If an individual has previous convictions of indecent exposure, they are more likely to receive a harsher penalty than a first-time offender.
In most cases, multiple convictions for indecent exposure will require the guilty party to register as a sex offender in the state of Texas.
What About Penalties for Exposing One’s Self to a Minor?
If the individual exposed themself to a minor, (which is defined as a child who is 16 or younger), then that indecent exposure may be upgraded from a misdemeanor to a third-degree felony. A conviction for a third-degree felony may carry the following penalties:
- A jail sentence of up to 10 years
- A fine of up to $10,000
What Are the Possible Defenses For an Indecent Exposure Charge?
To charge an individual with indecent exposure, the prosecutor must be able to prove that the defendant recklessly exposed themselves to another individual, ignoring the reasonable assumption that the victim may be offended by the act.
A charge of indecent exposure is a serious matter and you will want an experienced criminal defense attorney on your side. Having an experienced attorney will ensure that you have a strong defense to show that the accusations against you are baseless, consequences should be lowered, or in some cases, dropped.
Potential defenses against indecent exposure include the following:
- There was an absence of intent: The prosecution must be able to show that the defendant had the intention to arouse, whether themselves or the victim. If the defense can prove that there was no intent, then they can also prove that there was no crime.
- The defendant was intoxicated: Intoxication by itself will not mitigate an indecent exposure charge, but it can reduce the severity of the sentence. Intoxication can show that the defendant was so far gone that they were unaware of their actions and therefore, couldn’t have possibly acted out of pure intent.
- The defendant is young: If the defendant is a minor, it may be more difficult to prove that they had the intention to arouse themselves or someone else. Courts often view minors as less in control of their actions than an adult.
The Defense Team That Will Fight For You
If you or a loved one has been charged with indecent exposure, you will need an experienced sex crime attorney on your side to help you navigate the upcoming trial. Gebhardt and Eppes, PLLC has been serving the Fort Worth and greater DFW metroplex for years, ensuring that individuals charged with crimes have their rights protected and their cases are fully heard. We understand that these situations can be extremely stressful and are often times highly emotional, which can lead to the defendant’s rights being ignored. We work hard to preserve your reputation and ensure the best outcome for your case. Contact our team today for more information or to schedule an appointment with one of our attorneys.
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Indecent Exposure FAQS
If an individual exposes themselves to a minor, defined as a child who is 16 or younger, then that charge may be upgraded from a misdemeanor to a third-degree felony. A conviction for a third-degree felony may carry the following penalties:
1. A jail sentence of up to 10 years
2. A fine of up to $10,000
Yes. If an individual can see you, such as in your yard or from a window, and there was an intent to arouse yourself or the individual outside, then you can get charged with indecent exposure.
Additional Resources:
- Aggravated Sexual Assault Lawyer
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- Indecency with a Child Criminal Defense Lawyer
- Fort Worth Child Sexual Abuse Lawyer
- Public Lewdness Defense Attorney in Fort Worth, Texas
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