Facing an indecent exposure charge can be a daunting experience. At Cofer & Connelly, PLLC, we recognize the stress and uncertainty these charges can bring.

Our Austin criminal defense lawyers are here for you. We’ve collectively handled thousands of criminal cases, including 300+ jury trials, drawing from more than 100 years of combined experience. We have helped countless individuals in Texas resolve serious criminal charges on favorable grounds.

Reach out to Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online. We will clarify your legal options and develop a defense strategy that is tailored to your unique situation.

What is Indecent Exposure?

In Texas, indecent exposure is defined under Texas Penal Code Section 21.08. You commit an offense if you expose your anus or any part of your genitals with the intent to arouse or gratify the sexual desire of any person, and you are reckless about whether someone else is present who will be offended or alarmed by your act.

• Intent to Arouse or Gratify: The law requires that the exposure be done with the intent to arouse or gratify the sexual desire of any person. This means that accidental exposure, without any sexual intent, may not meet the criteria for indecent exposure.
• Recklessness: You must be reckless about whether another person is present who will be offended or alarmed by your actions. Recklessness means that you are aware of the risk that someone else could see you and be offended or alarmed, but you disregard that risk.
• Presence of Another Person: The offense involves another person being present who could be offended or alarmed. If there is no one else around, the act might not qualify as indecent exposure under the law.

What are the Penalties for Indecent Exposure in Austin?

Indecent exposure is generally classified as a Class B misdemeanor. This means that if convicted, you could face up to 180 days in jail and a fine of up to $2,000. However, the severity of the charge can increase based on your prior criminal record or specific circumstances surrounding the incident.

If you have been previously convicted of indecent exposure, the charge can be elevated to a Class A misdemeanor. This carries a penalty of up to one year in jail and a fine of up to $4,000. If you have been convicted of indecent exposure two or more times, you could be facing a state jail felony. This can result in 180 days to two years in state jail and a fine of up to $10,000.

Additionally, if you are civilly committed as a sexually violent predator, an indecent exposure charge can be elevated to a third-degree felony. This offense is punishable by up to ten years in prison and a fine of up to $10,000.

A conviction for indecent exposure can have far-reaching consequences beyond the immediate legal penalties. You may face social stigma and damage to your reputation. This can affect your relationships, employment opportunities, and overall quality of life. Additionally, a conviction can result in mandatory registration as a sex offender. This can limit where you live, work, and even your ability to travel. It can also require regular check-ins with law enforcement and make your information available to the public. These consequences make it even more crucial to fight the charges and avoid a conviction if possible.

Possible Defenses for Indecent Exposure Charges

Defending against an indecent exposure charge requires a strong legal strategy. One common defense is to challenge the intent behind the exposure. The prosecution must prove that you intended to arouse or gratify sexual desire and that you were reckless about whether someone else would be offended or alarmed. If you can show that your actions were accidental or misunderstood, this may help reduce or dismiss the charges.

Another defense might involve questioning the credibility of the witnesses. If the testimony against you is inconsistent or unreliable, this can weaken the prosecution’s case. Additionally, if there were no witnesses or the witnesses cannot clearly identify you as the person who committed the act, this may also work in your favor.

Contact our indecent exposure lawyers in Austin today for experienced criminal defense from former prosecutors and judges. We’re standing by to listen to your story and help you through the criminal process.