Criminal Defense Sex Offenses
Indecent Exposure
Indecent exposure is charged under Texas Penal Code § 21.08 when a person exposes their anus or genitals in a public place with the intent to arouse or gratify the sexual desire of any person, and is reckless about whether another person is present who will be offended or alarmed. While classified as a Class B misdemeanor, a conviction can have serious long-term consequences including a criminal record and potential sex offender registration for repeat offenders. Todd Rash defends clients against indecent exposure charges in North and Central Texas and throughout Tarrant County.
Elements of the Offense
To convict someone of indecent exposure, the prosecution must prove: (1) the defendant exposed their genitals or anus; (2) the exposure occurred in a public place or in the presence of another person; (3) the defendant acted with intent to arouse or gratify sexual desire; and (4) the defendant was reckless about whether another person present would be offended. All four elements must be proven beyond a reasonable doubt.
Penalties for Indecent Exposure
Indecent exposure is a Class B misdemeanor in Texas, punishable by up to 180 days in jail and a fine up to $2,000. A second conviction elevates the charge to a Class A misdemeanor. While a single conviction does not automatically require sex offender registration, a second conviction for indecent exposure does trigger mandatory registration.
Sex Offender Registration
A second conviction for indecent exposure in Texas requires registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. This is a significant consequence that can affect where you live, work, and travel. Avoiding a second conviction, or challenging the first, is critical to preventing this outcome.
Common Scenarios and Defenses
Indecent exposure charges sometimes arise from misunderstandings, public urination, or situations where no sexual intent was present. An experienced attorney can challenge the intent element of the charge, the credibility of witnesses, or the circumstances of the alleged exposure.
Potential Penalties
- › 1st offense: Class B misdemeanor up to 180 days jail, $2,000 fine
- › 2nd offense: Class A misdemeanor up to 1 year jail, $4,000 fine
- › 2nd conviction triggers mandatory sex offender registration
- › Permanent criminal record
Possible Defenses
- › No intent to arouse or gratify sexual desire
- › The exposure was accidental or unintentional
- › No one was actually present or offended
- › Mistaken identity
- › Insufficient evidence of the alleged conduct
Frequently Asked Questions
Facing Indecent Exposure charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
Free Consultation(817) 808-2247Understanding the Cost of a Sex Offense Defense
Sex offense cases are among the most complex and resource-intensive in criminal law. Attorney fees are typically on par with murder and other serious felony charges a reflection of the time, preparation, and expertise required.
An effective defense often requires retaining outside experts: polygraph examiners, licensed psychologists for psychosexual evaluation, private investigators, and information technology professionals. These expert fees are separate from attorney fees and are the responsibility of the client.
Todd Rash will be straightforward with you about anticipated costs from your very first consultation.