Charged with Indecent Exposure?
Houston Criminal Lawyer with Prosecution Experience
The Law Offices of Billy Skinner is a high-quality criminal defense law firm in Houston, Texas that represents clients in a wide-variety of criminal defense practice areas, including sex crimes such as indecent exposure. According to the Texas Penal Code, Title 5, Chapter 21, § 21.08, indecent exposure is a Class B misdemeanor and is punishable by a $2,000 fine and 180 days in jail.
A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
The term “indecent exposure” can only apply to situations where the defendant is exposes his / her bare genitals. In other words, revealing your underwear is not considered indecent exposure. Additionally, a woman’s bare breast is not considered “exposing one’s genitals,” or else breastfeeding mothers could face criminal charges.
Indecent Exposure & Sexual Assault
Indecent exposure is a misdemeanor; however, if the defendant makes physical contact with a victim, the act could be labeled “sexual assault” – a second degree felony. The penalties for sexual assault can include prison (between two and 20 years), and fines (up to $10,000).
What are the penalties?
As a Class B misdemeanor, indecent exposure is punishable by fines and incarceration. Sentencing for indecent exposure is at the discretion of the judge, up to a certain amount. The fine can be no more than $2,000 and incarceration in a county jail can last no longer than 180 days.
If the defendant was accused and convicted of a similar offense in the past, he / she may be subject to stricter consequences.
Indecent Exposure Defense
In order to obtain an indecent exposure conviction, prosecutors must demonstrate that the defendant intended to expose him / herself in public for the purpose of sexual gratification. Additionally, the prosecution must show that the defendant acted recklessly, and that another person could have been offended by the action.
Defenses for indecent exposure are:
- Unsound Mind
- Lack of Intent
Looking for a sex crime defense attorney in Houston?
If you were charged with indecent exposure or another sex crime, contact the Law Offices of Billy Skinner. When you work with our team, you will have the advantage of a former prosecutor on your side. Additionally, you can rest assured that your case will receive the personalized attention and involvement that it needs. We are passionate about criminal defense, so contact us today to see what our team of Houston defense lawyer can do for you.
Call our office at (713) 600-7777 for a consultation regarding your case.