Defending Against Indecent Exposure Charges in Texas
If you have been accused of Indecent Exposure in Texas, you could be facing fines, jail time, and a permanent criminal record that may affect your reputation, employment, and future opportunities.
Even though Indecent Exposure is a misdemeanor, a conviction can have long-lasting consequences, including potential sex offender registration in some cases. Board Certified Criminal Defense Attorney Grant Scheiner has extensive experience defending individuals against indecent exposure charges and will fight to protect your rights.
Call 713-783-8998 now for a confidential case review
What is Indecent Exposure?
Indecent Exposure—sometimes referred to as “flashing”—is a misdemeanor offense under Texas Penal Code § 21.08.
A person commits Indecent Exposure if they:
✔ Expose their anus or any part of their genitals.
✔ Do so with the intent to arouse or gratify sexual desire.
✔ Are reckless about whether another person is present who might be offended or alarmed.
Even though this is a misdemeanor offense, multiple convictions could lead to sex offender registration, making it essential to fight the charge aggressively from the start.
Texas Penalties for Indecent Exposure
Indecent Exposure is classified as a Class B Misdemeanor, punishable by:
✔ Up to 180 days in county jail
✔ A fine of up to $2,000
✔ Possible probation and community service
This offense may be elevated to a third-degree felony if the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. It may be elevated to a Class “A” misdemeanor, if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section. (It would be elevated to a “state jail felony,” if it is shown on the trial of the offense that the defendant had been previously convicted two or more times of an offense under this section.)
Repeat Offenders & Sex Offender Registration
✔ A second or subsequent Indecent Exposure conviction may require sex offender registration.
✔ Once registered, you may face restrictions on housing, employment, and daily activities.
Defenses to Indecent Exposure
✔ Lack of Intent – The prosecution must prove that the accused intended to arouse or gratify sexual desire. If the act was not sexually motivated, the charge may not hold up in court.
✔ Accidental Exposure – If the exposure was unintentional (such as a wardrobe malfunction), it does not meet the legal definition of Indecent Exposure.
✔ Mistaken Identity – Many cases rely on eyewitness testimony, which can be unreliable. If there is no concrete evidence linking the accused to the alleged act, the case can be challenged.
✔ Unlawful Arrest or Violation of Rights – If law enforcement violated constitutional rights during the investigation or arrest, the case may be dismissed.
✔ Medical or Mental Health Conditions – Certain conditions, such as dementia, cognitive impairments, or psychiatric disorders, may affect a person’s intent and understanding of their actions.
✔ Lack of Recklessness – If the accused took steps to avoid being seen, it may be argued that they were not reckless about the presence of others.
Common Scenarios That Do NOT Qualify as Indecent Exposure
✔ Urinating in public – If someone attempts to stay hidden while relieving themselves, they may not have intended to expose themselves.
✔ Changing clothes in a car or public area – If there was no intent to arouse or gratify sexual desire, it does not meet the legal definition of Indecent Exposure.
✔ Public nudity during protests, performances, or non-sexual events – If there was no intent to arouse, these acts may not qualify as Indecent Exposure.
If you are facing charges, you need an aggressive defense strategy to protect your record, reputation, and future.
Call 713-783-8998 now to discuss your legal options
Why You Need an Experienced Defense Attorney
✔ Do NOT speak to law enforcement or make statements without legal representation.
✔ Do NOT assume that because it is a misdemeanor, it is not serious.
✔ Do NOT plead guilty without understanding the long-term consequences.
At Scheiner Law Group, P.C., we will:
✔ Investigate every detail of your case for weaknesses in the prosecution’s argument.
✔ Challenge unlawful police procedures or wrongful arrests.
✔ Fight to have charges dismissed, reduced, or resolved without a criminal record.
Protect Your Reputation & Your Future
Even a misdemeanor conviction for Indecent Exposure can have lasting consequences, including:
✔ Job loss or difficulty finding employment
✔ Housing restrictions if required to register as a sex offender
✔ Social stigma and damage to personal relationships
A conviction is NOT inevitable, and an accusation is NOT a conviction. Let us fight to protect your record and reputation.
Call 713-783-8998 now for a confidential consultation
Why Choose Scheiner Law Group, P.C.?
✔ Decades of experience defending misdemeanor and felony sex crime cases
✔ Board Certified Criminal Defense Attorney Grant Scheiner
✔ Aggressive, strategic defense tailored to your case
✔ Proven success in fighting false accusations and overzealous prosecutions
Your freedom, reputation, and future are on the line. Let us build your strongest defense today.
Call 713-783-8998 now to speak with an attorney