Indecent exposure is defined as the crime of intentionally showing one’s sexual organs in public causing others to be alarmed or offended. The most common types of indecent exposure allegations occur after flashing, mooning, public urination and streaking. Texas law classifies the crime of indecent exposure as a sexual offense. The statute does not necessarily require the State to prove that the defendant exposed himself with the intent to satisfy his own sexual desire.
Instead, the statute for indecent exposure only requires that the defendant actually exposes himself while intending to arouse or gratify his or another’s sexual desire and be reckless about whether another is present. Proving who the exposure is directed towards is not necessarily an essential element of the offense of indecent exposure.
In some cases, the nudity was accidental or occurred without any intent to be indecent. Nude sunbathing, public urination or breastfeeding are examples of acts that would not constitute indecent exposure because no lewd intent would exist for that conduct.
Attorney for Indecent Exposure in San Antonio, TX
If you were charged with indecent exposure in San Antonio, TX, or throughout Bexar County, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Although the offense is classified as a Class B misdemeanor, because it is a sexually motivated offense, many serious consequences can linger long after the case is resolved in the courthouse.
Don Flanary represents clients facing more serious felony charges of indecency with a child and other sexually motivated crimes throughout the greater San Antonio area which includes the counties adjacent to Bexar County such as Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Call (210) 319-4385 for a free and confidential consultation to discuss your case today.
Elements of Indecent Exposure under Section 21.08
Under Texas Penal Code Section 21.08, indecent exposure is classified as a Class B Misdemeanor which is punishable by not more than 180 days in the county jail and a fine of not more than $2,000.
To prove the offense at trial, the prosecutor must prove each of the following elements beyond all reasonable doubt:
- the defendant 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 person is present who will be offended or alarmed by his act.
For purposes of the indecent exposure statute, the defendant acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct.
The law also provides that a person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist. For purposes of the indecent exposure statute in Texas, the risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances, as viewed from a subjective standpoint (the defendant’s standpoint).
Sex Offender Registration for Indecent Exposure
A second conviction for indecent exposure (not including a deferred adjudication) triggers a 10-year registration requirement. The 10 years begins at the conclusion of either the offender’s release from custody, discharge from community supervision, or dismissal of the proceedings and offender’s release, whichever occurs last.
Finding a Lawyer for Indecent Exposure Crimes in Bexar County, TX
If you were charged with the crime of Indecent Exposure, a Class B Misdemeanor, then contact an experienced criminal defense attorney in San Antonio, TX.
Don Flanary represents clients charged with sexually motivated crimes throughout San Antonio, TX, and the surrounding 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.
Don Flanary also represents clients throughout the greater San Antonio area including Bexar County, Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
This article was last updated on Monday, December 19, 2016.
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