What Is Indecent Exposure?
Indecent exposure refers to several types of prohibited behavior. According to the Texas Penal Code, this crime is defined as deliberate or intentional exposure of the genitals with the intent to arouse or gratify the sexual desire of any person. The definition also includes activity that involves exposure with reckless disregard for the sensibilities of anyone who might witness the exposure.
For example, a pride parade participant who is wearing clothing that exposes their genitals or anus may be arrested. Although clothing and costumes aren’t illegal, police may make an arrest on the assumption that someone may be offended by seeing the exposed body parts.
Some parade participants consume alcohol as part of the celebration. A parade participant who drinks too much alcohol might decide to urinate in public. This action can also lead to an arrest for indecent exposure.
Indecent Exposure and Your Criminal Record
In most cases, indecent exposure is not considered to be a very serious offense. In most jurisdictions, a first-time conviction for indecent exposure is a misdemeanor offense. However, even a misdemeanor conviction can stay on a person’s criminal record for the rest of their life.
Additionally, some people who are convicted of indecent exposure may be required to register as a sex offender. This is especially true for people who are convicted of this crime repeatedly. Registration on the national sex offender database is almost always a lifetime requirement.
Keeping Your Record Clean
In general, there are only two ways to get an indecent exposure conviction off of a person’s record:
- An expungement
- Sealing of a criminal record
Expungement is usually possible with deferred adjudication. In a deferred adjudication case, a judge suspends a guilty verdict by giving the defendant a chance to complete a term of probation. If the defendant completes probation successfully, the charges will be dropped and it will be as if the case never happened.
Sealing a criminal record can be difficult and expensive. Before a record can be sealed, a defendant must wait a predetermined period of time. This could be a matter of months or years. Then they must hire a lawyer to take their case to court and argue for the record to be sealed.
The best way to keep this charge off of a criminal record is to avoid it altogether. With planning and caution, pride parade participants can avoid being charged with indecent exposure.
Hire an Indecent Exposure Lawyer
Let’s face it. Sex crimes is an embarrassing topic. If convicted, you will be unfairly judged by your peers and employer. However, with proper legal counsel you can avoid charges. Reach out to Brett A. Podolsky today by calling 713.227.0087.
*Image courtesy of freedigitalphotos.net