Texas Indecent Exposure Defense Lawyers

What Is Indecent Exposure in Texas?

Texas Penal Code §21.08 defines indecent exposure as exposing one’s anus or any part of one’s genitals with intent to arouse or gratify the sexual desire of any person, and the actor is reckless about whether another person is present who will be offended or alarmed by the act. Indecent exposure is a Class B misdemeanor:

• Up to 180 days in county jail
• Fine of up to $2,000
• No sex offender registration for a first conviction (this is significant)

When Indecent Exposure Becomes More Serious

Repeat Offenses

A third or subsequent indecent exposure conviction is elevated to a state jail felony (180 days to 2 years in a state jail facility). Repeat convictions can also trigger sex offender registration requirements.

Exposure to a Child

If the person to whom the defendant exposed themselves is a child under 17, the charge may be filed as indecency with a child by exposure under §21.11(a)(2) — a third-degree felony (2 to 10 years) with mandatory sex offender registration. This is a dramatically different charge with dramatically different consequences.

Public Lewdness

If the exposure involves sexual conduct rather than mere exposure, the charge may be filed as public lewdness under §21.07 — a Class A misdemeanor (up to 1 year in jail and $4,000 fine).