Indecent exposure is a criminal offense that can have serious legal consequences in Texas. The Texas Penal Code defines indecent exposure in Section 21.08 as “intentionally exposing the anus or any part of the genitals with reckless disregard for whether another person is present who will be offended or alarmed by the act.”

If you face charges of indecent exposure, your first call should be to an experienced Williamson County criminal defense attorney.

Further Exploring What is Indecent Exposure

Indecent exposure refers to the act of intentionally exposing one’s genitals in public, causing offense or alarm to others. It is important to note that this offense involves more than just nudity; it requires an element of lewdness or sexual intent. Here are some examples:

• A college student streaks fully naked at a local park. He purposely runs past a group of girls from his university and asks them if they are aroused as he streaks by. The act of deliberately trying to attract sexual interest by exposing yourself in a public setting is a clear violation of the law.
• A back seat passenger moons his friend from work on the highway as he drives by. The intention was to be a practical joke. This incident would not likely be considered indecent exposure (although it could be another misdemeanor) because there was no sexual intent.
• A high school girl changes her clothing in front of a group of football players on purpose trying to tease and arouse them. This behavior constitutes indecent exposure as it involves intentionally exposing oneself in a way that is intended to sexually arouse others.
• While performing on stage, a dancer’s breast pops out of a costume during an acrobatic stunt. This is not indecent exposure because it was an accident.
• A man stands in his front window facing the sidewalk and flashes his genitals at a group of school children getting off the bus. This constitutes indecent exposure as he is exposing his genitals without consent to unsuspecting and underage individuals.

We offer a free initial consultation, so contact our firm online to Fight sex crime charges in Williamson County or call (512) 983-1675 to get started building a defense.

Aggravating Factors

Things that can make the penalty for indecent exposure harsher include:

• Location (school, park)
• Prior convictions
• If the victim is a child
• Repeat offender

Penalties for Indecent Exposure in Texas

Again, the penalties for violating Texas Penal Code, section 21.08 (Indecent Exposure) can vary depending on several factors, such as the circumstances of the offense and any aggravating factors involved. The statute says:

(a) A person 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.

(b) An offense under this section is a Class B misdemeanor.

So how is this crime punished in Texas? Again, indecent exposure is classified as a Class B misdemeanor in Texas. The potential penalties include:

• Up to 180 days in county jail
• Fines of up to $2,000

However, certain aggravating factors can elevate the offense to higher classes. For example, if the perpetrator is a repeat offender or the victim is a child, it can be classified as a felony. Additionally, let us not forget that indecent exposure is a sex crime. A sex crime conviction will follow you for the rest of your life. The non-criminal “penalties” should not be overlooked, such as:

• You may need to register as a sex offender
• Shame and gossip
• Denied jobs, school admission, housing, or loans due to your criminal history

We can not overstate this as well, but, as a Williamson County sex crimes lawyer, our office observes many people who think a misdemeanor disappears off your record after a certain amount of time like a bankruptcy. No, indecent exposure becomes a part of your permanent criminal record.

Sex Offender Registration

In addition to criminal penalties, those convicted of indecent exposure may also be required to register as a sex offender. Sex offender registration can have significant consequences, including restrictions on where you can live and work and limitations on your personal relationships.

In Texas, being convicted of sexual assault, child pornography, or indecent exposure require individuals to register as sex offenders. With indecent exposure, you will not be required to register for your first conviction; however, any subsequent convictions will result in you registering. The registration process is tedious and involves providing extensive personal information, including pictures of yourself and details of your convictions. This information will appear in Texas’ database as well as your local registry. The requirement to register as a sex offender in Texas lasts from a decade to permanent. The length of time is determined by the severity of the crime. Failing to register comes with its own serious consequences, including another criminal conviction. 

On top of having to appear in this database, sex offenders are restricted in where they can live and work. In other words, you may have to sell your house and move if you are convicted of indecent exposure a second time. There are also restrictions on where you can work. For example, if you are a teacher or coach, you will need to change careers to a job that does not put you in contact with juveniles. Sex offenders are also required to report to local police regularly. The frequency of these check-ins depend on the level of risk you pose to the neighborhood.

Furthermore, if you commit a second indecent exposure offense and are mandated to register as a sex offender, you will only be allowed to own a gun under very special circumstances and your access to the internet will be heavily restricted. Clearly you can see this comes with a high level of inconvenience.

Deregistration from the sex offender registry is possible under certain circumstances, but it requires meeting very specific criteria and going through a legal process. Not many sex offenders ever make it off the registry. You’ll also need to stay up-to-date with any changes or updates to the registration laws. 

If you aren’t sure whether you need to register, how to do so, or are looking to apply for deregistration, Scott Magee, Attorney at Law, can help. You have legal rights, and we are passionate about protecting them.

Consult an Experienced Williamson County Criminal Defense Lawyer

Scott Magee, Attorney at Law, has a proven track record of successfully defending indecent exposure charges and can provide the guidance and advocacy you need. To book a free case review session with our board-certified Williamson County criminal defense attorney, contact us today.