Frisco, TX Indecent Exposure Defense Lawyers

Experienced Attorneys Defending Against Charges of Indecent Exposure or Public Lewdness in Frisco, Texas

Allegations of sex crimes can lead to serious legal penalties, and they can also be personally damaging. These allegations can affect a person's reputation, employment prospects, and personal relationships, even before a court has ruled on the case. Even seemingly minor offenses like indecent exposure can lead to criminal charges that may carry harsh penalties, including potential sex offender registration. In some cases, law enforcement may also file related charges such as public lewdness, which can elevate the consequences even further.

Understanding the best ways to defend against charges of indecent exposure or related sexual offenses is not always easy. Representation from a skilled and experienced attorney can be crucial in these situations. At Barbieri Law Firm, we help clients confront these allegations, working to develop effective defense strategies that will minimize the ways a person's life will be affected while protecting their future.

What Is Indecent Exposure Under Texas Law?

Indecent exposure is defined by Section 21.08 of the Texas Penal Code. A person may be charged with this offense if they are accused of exposing their genitals or anus to someone else with the intent to arouse or gratify the sexual desire of themselves or another person. These actions may be considered to be a criminal offense if someone who observed the exposure was alarmed or offended. Charges may apply if the person intended to alarm or offend or if they were reckless about whether someone who could be alarmed or offended may observe their actions.

In cases involving charges of indecent exposure, the prosecution must prove not only that exposure occurred but that it was done for sexual gratification and with disregard for who might be present. Indecent exposure is classified as a Class B misdemeanor. A conviction could lead to a jail sentence lasting for up to six months and/or a maximum fine of $2,000.

Repeat convictions can significantly increase the consequences. A second offense of indecent exposure may lead to Class A misdemeanor charges, and a third offense may be classified as a state jail felony. In addition, a second conviction for indecent exposure will require a person to register as a sex offender.

Related Charges: Public Lewdness

Public lewdness is a separate offense under Section 21.07 of the Texas Penal Code. A person may be charged with public lewdness if they engage in sexual intercourse or sexual contact in a public place or in a location where a person may be present who would be alarmed or offended by this activity.

Public lewdness is a Class A misdemeanor. A conviction may lead to a jail sentence lasting for up to one year and/or a maximum fine of $4,000. In some cases, prosecutors may charge both public lewdness and indecent exposure together, which could lead to increased penalties. The specific charges may be based on the nature of the alleged conduct, the location where it occurred, and the presence of any witnesses.

Legal Help With Charges of Indecent Exposure

Although indecent exposure and public lewdness are usually classified as misdemeanor offenses, they should not be taken lightly. A conviction can carry long-term consequences that go far beyond jail time and fines. A criminal record stating that a person has been convicted of a sex crime can limit employment opportunities and affect other aspects of a person's life.

The attorneys at Barbieri Law Firm will take a proactive and aggressive approach when defending clients who have been accused of these crimes. We will begin with a thorough review of the allegations, including police reports, witness statements, and any available video or photographic evidence. We will work to identify weaknesses in the prosecution's case and determine whether the elements of the offense can truly be proven beyond a reasonable doubt.

Defense Strategies in Indecent Exposure Cases

Each case is different, but our lawyers may be able to use one or more of the following strategies to challenge charges of indecent exposure or public lewdness:

• Lack of Intent: The prosecution must prove that the accused intended to arouse or gratify sexual desire. If the exposure was accidental or was not sexually motivated, this may serve as a defense.
• No Recklessness: Prosecutors will need to show that a person was reckless about whether another person would be offended or alarmed by their actions. If the conduct occurred in a secluded area where no one was likely to be present, this element may be challenged.
• Mistaken Identity: In cases where video footage or eyewitness accounts are unclear, our attorneys may argue that our client was misidentified.
• Improper Law Enforcement Conduct: If police violated a person's rights during an investigation, such as by failing to read their Miranda rights, certain evidence may be inadmissible in court.

Contact Our Frisco, Texas Indecent Exposure Defense Attorneys

Being charged with indecent exposure or public lewdness can affect your life in many ways. As you address these charges, you deserve a defense that will be thorough, strategic, and focused on achieving the best possible results. At Barbieri Law Firm, our attorneys can take immediate action to help you fight these charges and protect your future. Contact our Frisco indecent exposure and public lewdness lawyers at 972-424-1902 to arrange a free consultation with our team.