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If you have been charged with indecent exposure in San Antonio, TX, or anywhere in Bexar County, an experienced criminal defense attorney at Flanary Law Firm, PLLC can help you understand your rights and legal options. Although indecent exposure is generally classified as a Class B misdemeanor for a first offense under Texas law, repeat offenses can result in more serious charges and penalties. Because indecent exposure is a sexually motivated offense, a conviction can also have lasting consequences for your reputation, employment opportunities, and criminal record.
Attorney Donald Flanary represents individuals facing indecent exposure allegations and more serious felony sex crime charges, including indecency with a child and other sexually motivated offenses. Flanary Law Firm provides criminal defense representation throughout the greater San Antonio area, including Bexar County and surrounding counties such as Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Under Texas Penal Code § 21.08, indecent exposure occurs when someone exposes their anus or any part of their genitals with the intent to arouse or gratify their own sexual desire or someone else’s. The law also requires that the person acted recklessly about whether someone else was present who would be offended or alarmed.
Indecent exposure allegations can arise from situations involving flashing, mooning, streaking, public urination, or other forms of public nudity. But exposing yourself doesn’t automatically mean you’ve committed indecent exposure under Texas law.
Accidental exposure, nude sunbathing, public urination, and other situations without sexual intent generally don’t meet the definition of indecent exposure. Breastfeeding is also specifically protected under Texas law. Depending on the circumstances, some conduct may still result in other charges. The law doesn’t require the exposure to happen in a public place or be directed toward a particular person. What matters is whether the prosecution can prove the required sexual intent and recklessness.
Call (210) 738-8383 for a free and confidential consultation to discuss your case today.
To convict someone of indecent exposure in Texas, prosecutors must prove each of the following beyond a reasonable doubt:
Intent and recklessness are central to these cases. Under Texas law, recklessness means being aware of a substantial and unjustifiable risk and consciously disregarding it. The disregard must be a gross deviation from the care an ordinary person would exercise under the circumstances. At Flanary Law Firm, we examine the circumstances of the alleged exposure, witness statements, and available evidence to determine whether prosecutors can prove each element of the charge.
A first indecent exposure conviction does not ordinarily require sex offender registration in Texas. A second violation can trigger a 10-year registration requirement, although certain deferred adjudication cases are excluded. The registration period generally begins after release from custody, discharge from community supervision, or dismissal and discharge from the proceedings, whichever occurs last.
The penalties for indecent exposure depend on the circumstances of the charge and whether the accused has previous convictions.
Certain cases involving individuals civilly committed as sexually violent predators may be classified as a third-degree felony. Even a misdemeanor conviction can affect your criminal record, employment opportunities, and professional licensing.
If you’re facing indecent exposure charges in San Antonio, Don Flanary can review your case, explain what you’re facing, and discuss your defense options. He also represents clients charged with other sex offenses, including serious felony allegations.
Flanary Law Firm represents clients throughout San Antonio and nearby communities, including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest. Whether you’re facing a first-time misdemeanor charge or a more serious allegation involving a prior conviction, Flanary Law Firm is ready to discuss your case.
Call (210) 738-8383 for a free and confidential consultation to discuss your case today.
Yes, indecent exposure charges can be dismissed in some cases. The outcome depends on the evidence, the circumstances of the arrest, and whether prosecutors can prove the required elements. At Flanary Law Firm, we review the allegations and explore opportunities to challenge the charges.
A first indecent exposure offense is generally a Class B misdemeanor. A person with two or more previous indecent exposure convictions may face a state jail felony. Other statutory enhancements can apply in certain circumstances.
An indecent exposure arrest or conviction can appear on your criminal record. Depending on how the case is resolved, you may qualify for an expunction or an order of nondisclosure under Texas law. Eligibility depends on your circumstances and the applicable legal requirements.
