Indecent Exposure: First Class Pass To Jail For Showing A Little Skin

January 3, 2014

In Texas, indecent exposure occurs whenever an individual exposes his anus or genitals with the intent to arouse another person’s sexual desires. It can also happen whenever a person exposes these parts with reckless disregard as to whether or not others are around who may be offended by the act. The act is considered to be a Class B misdemeanor according to the Texas Penal Code, and carries punishments that can include:

  • Up to 180 days in jail
  • Fine of up to $2,000
  • Probation
  • Community Service

The punishment for this crime tends to go up whenever there have been multiple offenses. It can also be heftier if the defendant is currently on probation for another offense when charged with indecent exposure, especially if the prior offense was also a sexually related crime. Juveniles are also treated more lenient than adults are, as people who are of age are expected to “know better” when it comes to performing certain acts in public.

 

Common Acts of Indecent Exposure

The crime of indecent exposure can actually cover quite a few different acts, and a few of the more common ones include:

  • Mooning
  • Streaking
  • Urinating in public
  • Any public sexual act that also involves nudity
  • Flashing of certain body parts

Many times, people find themselves being charged with indecent exposure after being dared or performing what they believed to be harmless acts. Since there are severe consequences involved in the crime of indecent exposure, individuals should carefully weigh their decisions ahead of time, as getting caught performing one of these acts could haunt them for quite some time.

Defenses for the Crime

A defense for those charged with indecent exposure will largely revolve on intent. Prosecutors must prove beyond a reasonable doubt that the defendant had the intent to arouse another person sexually or had reckless disregard for another when doing so. Other defenses for the crime of indecent exposure include:

  • Involuntary intoxication
  • Acting under threat or duress, as is common with those who are pawns in the sex trade
  • Mental insanity or instability
  • The act took place in private, and was not intended to be viewed by others (lack of intent or reckless disregard)
  • Accidental exposure
  • The actor was a child who was too young to understand sexual gratification

In any case, the state of Texas must prove every element of the crime beyond a reasonable doubt. Mistakes in eyewitness identification can sometimes lead to an acquittal, especially since eyewitness testimony is often one of the primary sources of evidence in one of these cases.

A quick joke or simple misunderstanding may lead to an indecent exposure charge. If you are facing an indecent exposure accusation, then call Brett A. Podolsky today at 713.227.0087.