Texas Indecent Exposure Defense Attorneys
Indecent exposure can involve various acts that may have been accidentally committed or committed while the alleged offender was under the influence of drugs or alcohol and really had no desire to commit a sex crime. For example, a person urinating in public can result in charges for indecent exposure. Additionally, engaging in sexual intercourse or committing another sexual act in public can be considered indecent exposure. Although public intoxication is not a defense to indecent exposure or public lewdness, it can be a mitigating factor that reduces the consequences to the alleged offense.
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It is important to remember that indecent exposure, public nudity or public lewdness allegations do not necessarily have to result in a criminal conviction. The state prosecutor has the burden of proving the alleged offender committed every element of the offense beyond a reasonable doubt. If the judge or jury has any doubt a required element to the offense was committed, the charges may be reduced or even dismissed. Therefore, it is important to contact an attorney who is experienced in defending criminal sexual offenses to help you identify the best legal defense for your particular case.
The experienced team of lawyers at Dunham & Jones are ready and willing to take on your case, no matter how challenging. This seemingly minor offense can tarnish your record for years to come, so be sure that you enlist the aid of an attorney who knows what you’re up against and is ready to tirelessly defend you. Call 800-499-8455 today to schedule a free consultation to discuss the unique details of your case.
Types of Indecent Exposure Offenses
Indecent Exposure – Tex. Penal Code § 21.08 – An individual can be charged with this offense if they show or expose any part of their anus or genitals with the purpose or intent of arousing or gratifying the sexual desires of any person. They must also act recklessly with regards to whether another person is present who may be alarmed or offended by the actions.
Public Lewdness – Tex. Penal Code § 21.07 – An individual can be charged with this offense if they knowingly commit any of the following in public:
- Contact between a person’s genitals or mouth and an animals’ genitals or anus;
- Deviate sexual intercourse, or the penetration of another person’s anus or genitals with any object or contact between a person’s genitals or sex organs and another person’s mouth or anus;
- Sexual conduct, or touching another person’s genitals, anus or breasts for the purpose of gratifying the sexual desires or arousing any person; and/or
- Sexual intercourse.
Some of the most commons actions that can result in criminal charges for public lewdness or public indecency can include, but are not limited to the following:
- Exposing a sexual organ to another person in public,
- Exposing a rear end or anus to another person in public,
- Exposing female breasts to another person in public,
- Flashing another person,
- Mooning another person,
- Sunbathing topless in public with other people present, and/or
- Urinating in public with another person present.
If an individual commits any of the preceding acts recklessly, meaning in a manner that another present person would be alarmed or offended by the actions, they can also be charged with a public lewdness offense. However, while exposing female breasts in public is considered indecent exposure, it is an affirmative defense and cannot result in a criminal conviction to a public nudity offense if a mother breastfeeds her baby or child in public.
Texas Law Addressing Criminal Mental States
According to section 6.03 of the Texas Penal Code, an individual can act with a knowing mental state, act knowingly, or act with knowledge if they commit an act and are aware their actions are reasonably certain to cause a certain result from the conduct.
The Texas Penal Code § 6.03 also defines a reckless mental state, or when an individual acts recklessly, as when an individual commits some type of conduct, but they consciously disregard the possibility a certain result will occur from their actions and they are aware their actions will cause that result.
How We Help You Contest Your Charges
In certain instances, an individual who has been charged with an indecent exposure or public lewdness offense may be able to use a defense to their alleged crime. It is important to consult with a criminal defense lawyer to discuss the facts of your case in order to determine if any of the following are applicable to your particular situation:
- Alibi
- Insanity
- Mistaken Identity
- Coercion
- Duress
Additionally, an affirmative defense may be available to your indecent exposure or public lewdness allegations. An affirmative defense can be used where the alleged offender committed some act that would typically be a criminal offense but is not considered a crime because of some specific reason. An example of an affirmative defense is if the act was committed for a valid medical purpose.
Indecent Exposure Penalties in Texas
The penalties for indecent exposure and public lewdness are defined in Chapter 12 of the Texas Penal Code. The punishments for these offenses can vary depending on a variety of factors, including whether the offender has any previous criminal convictions, the alleged offender’s mental state, and the degree of indecent exposure or lewdness offense. The suggested statutory penalties for public lewdness and indecent exposure are as follows:
- An individual charged with an indecent exposure offense can result in Class B misdemeanor conviction, which is punishable by a maximum jail sentence of 180 days and/or a fine not more than $2,000.
- An individual charged with a second or subsequent indecent exposure offense can lead to a Class A misdemeanor conviction, which is punishable by a fine up to $4,000 and/or up to one year in jail.
- An individual charged with a public lewdness offense can result in Class A misdemeanor conviction, which is punishable by a jail sentence up to one year and/or a fine up to $4,000.
An individual that has been convicted of an indecent exposure offense or public lewdness offense can also face any of the following consequences:
- Sex offender registration requirements for a second or subsequent indecent exposure offense;
- Public humiliation or embarrassment;
- A refusal to be admitted to certain college or graduate school programs;
- An inability to apply for certain jobs, occupations or professional licenses; and/or
- A criminal record.
Contact Us for Defense Against Indecent Exposure Charges
Don’t let indecent exposure charges influence the rest of your life. Turn to the experienced sex crime defense attorneys at Dunham & Jones, Attorneys at law to aggressively defend you against the serious allegations against you. They are prepared to tackle your case, no matter how challenging. If you face indecent exposure accusations anywhere in the State of Texas complete the online form or call 800-499-8455 to schedule your free consultation and take the first steps toward protecting your future.
