Understanding Indecent Exposure in Texas
If you’ve been arrested or charged with indecent exposure in Houston, it can feel overwhelming and embarrassing. While it’s classified as a misdemeanor under Texas law, the consequences can be serious — including sex offender registration in some cases.
At Ceja Law Firm, attorney Jose Ceja is a Board-Certified Criminal Law Specialist with years of experience successfully defending indecent exposure and other sex-related charges throughout Houston and Harris County. We take these cases seriously and work aggressively to protect your record, your reputation, and your future.
What Is Indecent Exposure in Texas?
Under Texas Penal Code § 21.08, a person commits the offense of indecent exposure when:
[A person] 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.
Key Elements:
- Intent: The exposure must be done with the intent to sexually arouse or gratify.
- Recklessness: The actor must be reckless about whether someone else might be present and offended.
- Location: The conduct can occur in public or private, so long as someone else could reasonably witness it and be alarmed.
Penalty:
- Class B misdemeanor (up to 180 days in jail and/or a $2,000 fine)
- A second conviction can require sex offender registration, which is why these cases must be handled carefully from the start.
How Indecent Exposure Cases Are Handled in Houston
In Harris County and surrounding jurisdictions, police often arrest individuals for indecent exposure in:
- Parks or parking lots
- Public restrooms
- Inside cars
- Apartment balconies
- In some cases, even private residences when viewed by others
Arrest Procedure:
Most arrests happen after a civilian report, undercover sting, or officer observation. In Houston, these cases may be handled in municipal or county courts, depending on the specifics.
Evidence typically includes:
- Eyewitness statements
- Surveillance or bodycam footage
- The defendant’s own statements (which can be used against them)
Defenses to Indecent Exposure in Texas
At Ceja Law Firm, we thoroughly investigate every detail and use proven strategies to fight indecent exposure charges. Common defenses include:
1. Lack of Intent
The prosecution must prove you intended to sexually arouse or gratify someone. Nudity alone isn’t enough. Accidental exposure (e.g., urinating in public, wardrobe malfunctions) may not qualify.
2. No One Was Present or Offended
You can’t be convicted if no one saw the exposure or if there was no reasonable person likely to be offended.
3. Mental Health or Capacity Defenses
In some cases, psychiatric evaluations may show diminished capacity, which could be used to negotiate a reduction or dismissal.
4. Mistaken Identity
If the witness or victim is unsure or the incident was captured in poor lighting or from a distance, mistaken identity may be a strong defense.
Frequently Asked Questions About Indecent Exposure
Can I go to jail for indecent exposure in Houston?
Yes. It’s a Class B misdemeanor, which carries up to 180 days in jail and a fine. However, many first-time offenders may qualify for alternatives like diversion.
Will I have to register as a sex offender?
Possibly. A second conviction for indecent exposure can result in mandatory registration. This is why an aggressive defense is critical.
What if I was urinating in public?
Urinating in public is sometimes mischarged as indecent exposure. However, without sexual intent, it should not meet the legal definition. A skilled attorney can often get these charges reduced or dismissed.
Does it matter if it happened in my car or my home?
Yes. Even private acts can qualify if you were reckless about someone else seeing you and being offended.
Can indecent exposure affect immigration status?
Yes. Any sex-related charge can have immigration consequences. We advise non-citizen clients to speak with an immigration attorney in conjunction with criminal defense counsel.
What’s the difference between indecent exposure and public lewdness?
Indecent exposure typically involves exposing genitals with sexual intent. Public lewdness involves sexual acts (like intercourse or sexual contact) performed in public or where others can see.
Can the charge be expunged from my record?
Possibly. If the case is dismissed, you may be eligible for an expunction. If deferred adjudication is granted, you may qualify for a non-disclosure. Our firm can assist with the process.
Charged with Indecent Exposure in Houston? Call a Board-Certified Criminal Defense Attorney Today.
Don’t let a moment of poor judgment define your future. Whether you were wrongly accused or made a mistake, you have options — but the right legal strategy is critical. At Ceja Law Firm, we’re committed to helping clients avoid convictions, avoid registration, and move on with their lives.
Call us today for a free and confidential consultation with a Board-Certified criminal defense lawyer who has handled countless indecent exposure cases in Houston and surrounding counties. We’re ready to fight for you.
