Have You Been Charged with Indecent Exposure
In Texas, sexually related charges like indecent exposure are extremely serious and can carry not only fines and jail time but the lasting record that can follow you socially and economically. If you have been charged it is very important to get the best legal defense you can on your side as quickly as possible. The Attorneys at The Scheiner Law Group P.C. have extensive experience dealing with issues of this nature and should be contacted to help orchestrate your best defense options. It is equally important to speak only with someone on your side and to know that any statements you make can and will be used to convict you.
What Is Indecent Exposure
This is often called “flashing” Indecent Exposure is a misdemeanor (less serious than a felony). Two or more cases of indecent exposure on a person’s record may result in a requirement of sex offender registration which will require you identify yourself and place of residence which will be a part of your life forever. A person accused of indecent exposure should do whatever is necessary to keep the charge off of his permanent record by retaining the best possible legal defense available.
About Indecent Exposure
In Texas, Indecent Exposure is a Class “B” misdemeanor, punishable by a fine of up to $2,000, 180 days county jail time, or both such fine and jail time. A person commits Indecent Exposure if he or she exposes his or her anus or any part of the genitals, with intent to arouse or gratify the sexual desire of any person, and the accused is reckless about whether another is present who will be offended or alarmed by the act. Tex. Pen. Code § 21.08.
Possible Defense for Indecent Exposure
Age of the Offender – In cases where the offender is a child it is less likely that their intent was sexually based and maybe a possible defense as opposed to an adult who had different motives.
Insanity – In the case where the alleged offender has a reduced mental capacity, it may be argued that their intent and ability to understand are questionable. In these cases, they cannot rightfully be held accountable for their actions
Intoxication – In some cases, this claim may help reduce the penalties associated with a conviction although it is not considered a standard defense to indecent exposure.
Intent – The actual intent of the alleged offender should be taken into consideration and in many cases, there may not be the intent to sexually arouse someone in the course of the offense. One example may be a person urinating in public behind a building or dumpster where they had no intent to be seen or display themselves, anyone.