Cody Cofer | December 30, 2024 | Sex Crimes

Indecent Exposure Laws in Texas

Being arrested for indecent exposure can be frightening and stressful. It can also be embarrassing, so you might hesitate to speak with an attorney about the criminal charges. However, the best way to protect your rights is to work with an experienced Texas criminal defense lawyer.

The consequences of a conviction for indecent exposure can be severe. In addition to criminal penalties for a conviction, an indecent exposure conviction could result in collateral consequences. Before pleading guilty to indecent exposure, talk with a lawyer about your rights and options for a defense.

Overview of Indecent Exposure Laws in Texas

Indecent exposure falls under the category of sex crimes in Texas. According to Texas Penal Code §21.08, a person commits indecent exposure if they:

  • Expose any part of their genitals or their anus;
  • With the intent to arouse or gratify themselves or someone else’s sexual desire; AND,
  • With a reckless disregard about whether someone who would be alarmed or offended by the act is present.

An example of indecent exposure may include an individual changing out of a bathing suit at a pool because they want to arouse someone. Another example may be someone who flashes a stranger because they obtain sexual gratification from exposing themselves.

Two important elements the prosecutor must prove for an indecent exposure conviction are:

Acting Recklessly

Individuals act recklessly if they expose themselves when they are aware someone could see them and be sexually aroused, alarmed, or offended. The person understands the potential consequences of their conduct, but they continue with a conscious disregard for the possible results of their actions.

Intent

The individual must have intended to expose themselves for their or someone else’s sexual gratification. Consciously removing your clothing in public because it arouses others would likely be considered intent for indecent exposure.

However, suppose your clothing accidentally tears after being caught on something. In this situation, you could not be accused of intentionally exposing yourself. Proving intent can be a challenging aspect of an indecent exposure case because there must be evidence proving the defendant’s mental state at the time of the crime.

Potential Penalties for a Conviction of Indecent Exposure in Texas

Generally, indecent exposure is a Class B misdemeanor charge under Texas law. If you are convicted of indecent exposure, you could face:

  • A fine of up to $2,000
  • Up to 180 days in jail
  • Community service or probation

A second indecent exposure offense could result in a Class A misdemeanor. The penalty for a conviction is a maximum fine of $4,000 and up to one year in jail.

In addition to the above penalties, there may be other consequences for an indecent exposure conviction. The judge may require you to register as a sex offender. The length of time you must remain on the sex offender registry depends on several factors.

Are There Defenses to Charges of Indecent Exposure?

A criminal defense lawyer can analyze the evidence in your case to determine the best defense strategy. There are several defenses your attorney might raise, including:

Insufficient Evidence

The prosecution must prove each element of the crime beyond a reasonable doubt. If there is insufficient evidence to support the charges, your attorney may file a motion to dismiss. When evidence exists but it is questionable, your attorney may use this fact as leverage when negotiating a plea deal.

Lack of Intent

The prosecution must prove that you intended to expose yourself to provoke a sexual response from someone or for your own sexual gratification. Your attorney may argue that you had no intent or that the incident was an accident.

Mistaken Identity

The accuser may have misidentified you as the person who exposed themselves. If you can provide a witness or evidence that it could not have been you who committed the crime, it can be an effective defense. For example, perhaps you have an alibi for the time of the crime or a witness identifying someone else as the perpetrator.

If the parties involved in the situation gave their consent, your attorney must use the consent to the exposure as a defense to the charges.

What Should I Do if I’m Arrested for Indecent Exposure in Texas?

Try not to panic and do not resist arrest. The best way to fight charges of indecent exposure and other sex crimes is with the help of an experienced defense attorney.

For more information, please contact the sex crimes law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102