What is indecent exposure? Indecent exposure in Texas is a sexual offense that occurs when a person exposes his or her genitals with the intent to arouse any person’s sexual desire, and that person is reckless about whether any other person present might be offended by the exposure. It is a class B misdemeanor with a punishment of no more than 180 days in jail and/or a fine of up to $2,000 for a first offence. Subsequent offenses or if a minor is involved, will be punished more severely and can even be a felony. But these immediate penalties, while inconvenient, are not the only thing you’ll have to worry about if you are convicted.
An indecent exposure conviction will put a black mark on your criminal record, which will show up on background checks for employment, for educational purposes and for housing applications. Additionally, you may have to register as sex offender.
How to Fight Indecent Exposure Charges
There are ways to fight charges of indecent exposure in Texas. Here are some of the arguments that criminal defense attorneys use against this type of charge:
- The accused lacked intent. If the alleged offender did not intend to cause sexual arousal in another person, then he or she cannot be convicted of indecent exposure. This is one of the defenses used often in public urination cases.
- The accused suffers from a mental illness or disorder. If the accused lacks the capacity to commit indecent exposure, charges can be thrown out.
- The accused was intoxicated. This defense is most commonly used to lessen charges, not eliminate them.
- The accused was too young to have the intent to arouse others.
If you are charged with indecent exposure, it is in your best interest to discuss your case with a Dallas sex crimes attorney.