While embarrassing, the consequences of an indecent exposure conviction can have a very real impact upon your life. Find out how to beat your charges by speaking with an Austin indecent exposure lawyer.
In Texas, indecent exposure is classified under sexual offenses and can therefore have extremely negative outcomes upon conviction. There are extensive fines and jail time, but the risk of being labeled a sex offender is possibly more significant. These charges have been leveled against people simply urinating in an alley, which is a municipal code violation in Austin, but not something worthy of a misdemeanor.
If you have been accused of exposing yourself to other people, you have several different defense options available, but you should speak with an Austin indecent exposure lawyer from Hines & Holub to find the best one.
What Is Indecent Exposure in Texas?
The definition of indecent exposure varies widely across the country, but Texas has a very short one that is not completely clear in every circumstance:
A person commits an offense if he exposes his or her anus or any part of his or her genitals with intent to arouse or gratify the sexual desire of any person, and he or she is reckless about whether another is present who will be offended or alarmed by this act.
This means that the prosecution must prove the following:
- You exposed those specific parts of your body
- The exposure was intentional
- The intention was to arouse another person
- The exposure was reckless and in a location where others could witness and be offended
Legal Penalties for Indecent Exposure
This is a class B misdemeanor, and the punishments include a fine of up to $2,000 and up to 180 days in jail. These charges could get tangled up in other sex crime charges such as public lewdness or indecency with a child, but this all depends on the circumstances of who was there and in what capacity.
As long as the prosecution can make the case that you were "reckless about whether another is present" to witness and be offended, there are a number of seemingly private locations where you could be charged. The worst-case scenario would be getting put on the national sex offender registry, but an Austin indecent exposure lawyer should be able to prevent that in all but the most extreme circumstances.
Defenses Against Indecent Exposure
There are many different ways for us to defend you successfully against charges like these, because there are a number of things that the prosecution must prove that are essentially inside your head.
Proving the thoughts and intentions of an individual can be very hard for the prosecution to do successfully. They would have to show that you had the intent to arouse or gratify someone while not caring who sees.
If alcohol was involved, then intoxication could also play into your indecent exposure defense. Claiming that it was not your fault but the alcohol's isn't always the best tactic, but with charges like these it can sometimes mitigate the circumstances and reduce your penalties.
Call our on-call attorney now to discuss your case now.
No matter how complex your charges may seem, you can have peace of mind knowing our legal team is behind you. You aren’t in this battle alone. Get our Austin criminal attorneys on your side today.