While indecent exposure may seem minor compared to most other sex crimes outlined in the Texas Penal Code, being charged with this offense is still a serious matter that could have severe repercussions if you are convicted. Depending on who was present at the time of the alleged action, you could even find yourself facing felony charges regardless of whether you have any previous criminal history.

Working with an experienced defense attorney is critical for protecting your rights after being accused of exposing yourself inappropriately in public. A tenacious Frisco indecent exposure lawyer at Barbieri Law Firm, P.C. can work tirelessly on your behalf to ensure you receive fair treatment in court and an ideal case result.

What Is Indecent Exposure Under State Law?

According to Texas Penal Code §21.08, indecent exposure consists of someone exposing their genitals or anus with intent to gratify or arouse themselves or any other person, in a way which evinces reckless disregard for whether any other person present would be “offended or alarmed.” Under the same statute, it is classified as a Class B misdemeanor. While on the surface this may seem like a fairly straightforward offense, these charges can often be much more complicated in practice, as any well-practiced Frisco indecent exposure attorney could affirm.

Determining whether a defendant intended to arouse anyone with their actions and whether those actions were “reckless” in the context established under state law can be a very subjective process. Arrests often depend largely on how a police officer interprets a particular situation. Furthermore, there are various other criminal offenses that are similar to—but crucially distinct—from indecent exposure that may arise under what seem to be very similar situations.

For example, someone who exposes themselves while engaging in sexual contact or intercourse in public may be charged with public lewdness, which TX Pen. Code §21.07 categorizes as a Class A misdemeanor. Likewise, a person who intentionally exposes themselves knowing a person under 17 is present may face prosecution under TX Pen. Code §21.11 for indecency with a child, a third-degree felony punishable by substantial time in prison.

Potential Sanctions and Non-Criminal Consequences

The possible sanctions associated with a conviction for indecent exposure under TX Pen. Code §21.08 include a maximum of 180 days of jail time as well as $4,000 max in fines. Importantly, though, repeat offenses may result in harsher penalties than a first-time offender might receive.

In addition to any criminal sanctions imposed, a second or subsequent “violation” of this section of the Penal Code will result in a person’s mandatory registration as a sex offender for a minimum of 10 years. As a knowledgeable indecent exposure lawyer in Frisco could explain, the term “violation” is crucial here, since it means that a deferred adjudication—or a dismissal—for a first-time indecent exposure charge still counts as a conviction for the purposes of a sex offender registration requirement.

Enlist the Help of a Frisco Indecent Exposure Attorney

Criminal charges for indecent exposure can make for deceptively complex court cases. Even if you have compelling evidence supporting your side, compiling that evidence into a convincing defense strategy could be next to impossible without guidance from a seasoned legal professional.

A dedicated Frisco indecent exposure lawyer at Barbieri Law Firm, P.C. can provide the guidance and support needed to pursue a positive resolution in your case. Call now to get started.

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