Indecent Exposure
Indecent exposure in Texas can involve various acts that may have been accidentally committed or committed while the alleged offender was under the influence of drugs or alcohol and really had no desire to commit indecent exposure. For example, a person urinating in public can result in charges for indecent exposure. Additionally, engaging in sexual intercourse or committing another sexual act in public can be considered indecent exposure. Although public intoxication is not a defense to indecent exposure or public lewdness, it can be a mitigating factor that reduces the consequences to the alleged offense.
It is important to remember that indecent exposure, public nudity or public lewdness allegations do not necessarily have to result in a criminal conviction. The state prosecutor has the burden of proving the alleged offender committed every element of the offense beyond a reasonable doubt. If the judge or jury has any doubt a required element to the offense was committed, the charges may be reduced or even dismissed. Therefore, it is important to contact an attorney in the Dallas / Fort Worth metroplex who is experienced in defending criminal sexual offenses to help you identify the best legal defense for your particular case.
Dallas Indecent Exposure Lawyer
Contact Stuckle & Ferguson, PLLC for a consultation about your alleged indecent exposure offense throughout the Dallas / Fort Worth Metroplex, including the areas of Plano, Frisco, McKinney, Allen, Carrollton, Richardson, Garland, Irving, Grand Prairie, Mesquite, Denton, Lewisville, and Arlington. The attorneys of Stuckle & Ferguson are experienced in defending all areas of Texas sex crimes and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact Stuckle & Ferguson for a free consultation today at (972) 423-4405 if you have been charged with indecent exposure, public nudity or public lewdness throughout Dallas and Fort Worth.
Dallas Indecent Exposure Information Center
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What Constitutes Indecent Exposure in Dallas
An individual that is accused of committing indecent exposure, public nudity or public lewdness must engage in some type of conduct or act. Some of the most commons actions that can result in criminal charges for public lewdness or public indecency can include, but are not limited to the following:
- Exposing a sexual organ to another person in public,
- Exposing a rear end or anus to another person in public,
- Exposing female breasts to another person in public,
- Flashing another person,
- Mooning another person,
- Sunbathing topless in public with other people present, and/or
- Urinating in public with another person present.
Although exposing female breasts in public is considered indecent exposure, it is an affirmative defense and cannot result in a criminal conviction to a public nudity offense if a mother breastfeeds her baby or child in public.
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Fort Worth Indecent Exposure Offenses
Indecent Exposure - Tex. Penal Code § 21.08 – An individual can be charged with this offense if they show or expose any part of their anus or genitals with the purpose or intent of arousing or gratifying the sexual desires of any person. They must also act recklessly with regards to whether another person is present who may be alarmed or offended by the actions.
Public Lewdness - Tex. Penal Code § 21.07 – An individual can be charged with this offense if they knowingly commit any of the following in public:
- Contact between a person’s genitals or mouth and an animals’ genitals or anus;
- Deviate sexual intercourse, or the penetration of another person’s anus or genitals with any object or contact between a person’s genitals or sex organs and another person’s mouth or anus;
- Sexual conduct, or touching another person’s genitals, anus or breasts for the purpose of gratifying the sexual desires or arousing any person; and/or
- Sexual intercourse.
If an individual commits any of the preceding acts recklessly as whether another present person would be alarmed or offended by the actions, they can also be charged with a public lewdness offense.
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Criminal Mental States in Texas
According to section 6.03 of the Texas Penal Code, an individual can act with a knowing mental state, act knowingly, or act with knowledge if they commit an act and are aware their actions are reasonably certain to cause a certain result from the conduct.
The Texas Penal Code § 6.03 also defines a reckless mental state, or when an individual acts recklessly, as when an individual commits some type of conduct, but they consciously disregard the possibility a certain result will occur from their actions and they are aware their actions will cause that result.
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Defenses to Indecent Exposure in Plano
In certain instances, an individual who has been charged with an indecent exposure or public lewdness offense may be able to use a defense to their alleged crime. It is important to consult with a criminal defense lawyer to discuss the facts of your case in order to determine if any of the following are applicable to your particular situation:
- Alibi
- Insanity
- Mistaken Identity
- Coercion
- Duress
Additionally, an affirmative defense may be available to your indecent exposure or public lewdness allegations. An affirmative defense can be used where the alleged offender committed some act that would typically be a criminal offense, but is not a crime in the instance case because of some specific reason. An example of an affirmative defense is if the act was committed for a valid medical purpose.
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Dallas Indecent Exposure Penalties
The penalties for indecent exposure and public lewdness are defined in Chapter 12 of the Texas Penal Code. The punishments for these offenses can vary depending on a variety of factors, including whether the offender has any previous criminal convictions, the alleged offender’s mental state, and the degree of indecent exposure or lewdness offense. The suggested statutory penalties for public lewdness and indecent exposure are as follows:
- An individual charged with an indecent exposure offense can result in Class B misdemeanor conviction, which is punishable by a maximum jail sentence of 180 days and/or a fine not more than $2,000.
- An individual charged with a second or subsequent indecent exposure offense can lead to a Class A misdemeanor conviction, which is punishable by a fine up to $4,000 and/or up to one year in jail.
- An individual charged with a public lewdness offense can result in Class A misdemeanor conviction, which is punishable by a jail sentence up to one year and/or a fine up to $4,000.
An individual that has been convicted of an indecent exposure offense or public lewdness offense in the Dallas / Fort Worth Metroplex can also face any of the following consequences:
- Sex offender registration requirements for a second or subsequent indecent exposure offense;
- Public humiliation or embarrassment;
- A refusal to be admitted to certain college or graduate school programs;
- An inability to apply for certain jobs, occupations or professional licenses; and/or
- A criminal record.
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Stuckle & Ferguson, PLLC | Fort Worth Attorney for Indecent Exposure
If you have been accused of engaging in indecent exposure throughout Texas, including the areas of Collin County, Dallas County, Tarrant County, Denton County, Lubbock County, El Paso County, Bexar County, Nueces County, Webb County, Bell County, Travis County, Williamson County, Fort Bend County, Galveston County, Harris County and Montgomery County, contact Stuckle & Ferguson today. Paul Stuckle is an aggressive Dallas sex crimes lawyer who will make every effort to fight the allegations against you. Contact Stuckle & Ferguson today for a free consultation at (972) 423-4405 or send an online message about your alleged indecent exposure offense.