Has someone made an allegation that you committed the crime of Indecent Exposure? Has this allegation led to your arrest? If so, you need to contact The Hampton Law Firm now to schedule a free consultation to discuss these charges.
Indecent Exposure is a serious criminal offense that must, if at all possible, be resolved without a conviction. Although Texas law classifies the crime of Indecent Exposure as a misdemeanor, a conviction could result in serious long-term consequences ranging from the inability to find employment, housing, and educational funding to potentially being required to register as a sex offender.
What is Indecent Exposure?
Under Texas Penal Code, Section 21.08, the State of Texas, through the Tarrant County District Attorney’s Office, is required to prove the following elements of the crime of Indecent Exposure beyond a reasonable doubt to sustain a conviction:
A person commits the criminal offense of Indecent Exposure 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 Texas Penal Code states that an individual acts “recklessly” if that individual is aware that their conduct can cause the result of their actions, but consciously disregards the risk the result will occur. The most litigated and contested issues during a trial for Indecent Exposure are whether the individual intended to arouse or gratify the sexual desire of another and whether or not the individual acted recklessly regarding whether someone would be present or offended by his actions.
For instance, one of the most common instances of an arrest for Indecent Exposure in Tarrant County is when someone urinates in public. Although urinating in public can sometimes meet the elements of Indecent Exposure, it is often difficult for the prosecution to prove their case beyond a reasonable doubt to a Tarrant County jury because the exposure was not done to arouse or gratify the sexual desire of any person. Additionally, Texas law is clear that a mother exposing herself to breastfeed her baby is not classified as indecent exposure. What are the Criminal Consequences for an Indecent Exposure Conviction?
The crime of Indecent Exposure is classified as a Class B misdemeanor, punishable by a term in the Tarrant County jail of up to 180 days and a fine not to exceed $2,000. However, under Chapter 62 of the Texas Code of Criminal Procedure, if you receive a second conviction for Indecent Exposure, you are required to register as a sex offender in the county where you reside for a period of ten years. As you can see, it is critical that you hire an aggressive and experienced criminal lawyer that will work to ensure your Indecent Exposure charge does not result in a conviction and can be expunged from your criminal record.
Call The Hampton Law Firm now for a free consultation and an opportunity to speak to me about the facts of your case and the options you have under Texas law. Call Jeff Hampton at The Hampton Law Firm at 817-877-5200.
Contact the Hampton Law Firm now to schedule a free consultation to determine your rights and legal options.