Texas Law Explained: Is Indecent Exposure a Felony?

According to CrimeGrade.org, Montgomery County, Texas’s crime rate is lower than that of the typical U.S. county, but one crime still occurs every 35 minutes. Property crimes, like theft and burglary, are among the most common. Most people would be shocked to learn that indecent exposure is also a very common crime in Texas.

If you or a loved one is now facing a charge for this crime, it’s understandable to feel extremely worried. There is a lot of confusion around indecent exposure and everyone seems to have a different definition depending on who you ask. Indecent exposure can be a misdemeanor or a felony, so the consequences can be devastating for those facing charges.

So, when is indecent exposure a felony according to Texas criminal laws, and when is it less severe? What consequences does it carry, and, most importantly, what must you do if you or a family member faces charges for this crime?

Here at NonStopJustice.com, we will attempt to explain what the law defines as indecent exposure, what the penalties are, and what are the various strategies a sex crime lawyer can employ to craft an adequate defense. Read on for insights into the far-reaching indecent exposure consequences that can affect your life long-term.

When Is Indecent Exposure a Misdemeanor in Texas?

Under the Texas court system’s Penal Code Title 5 Section 21.08(a), a person is guilty of indecent exposure if:

• The defendant exposes their genitals with the intent to feel aroused and gratify their sexual desire
• Anyone present who witnesses their act will take offense or feel alarmed

Texas law considers indecent exposure a Class B misdemeanor, provided it is the first offense. The charge becomes a Class A misdemeanor if the defendant has a conviction history for the same act.

When Is Indecent Exposure a Felony in Texas?

Under Texas Penal Code Title 5 Section 21.08 (b) (2), indecent exposure becomes a state jail felony offense if the defendant has already had at least two previous convictions of the same offense. Section 21.08 (b) makes indecent exposure a third-degree felony if the defendant is a civilly committed sexually violent predator under Health and Safety Code Chapter 841.

Texas Penal Code Section 21.11 also regards indecency with a child (exposure of one’s genitals in the presence of a minor) as a second-degree felony offense. In this case, the defendant commits indecent exposure regardless of the child’s gender and whether the defendant knew that the victim was younger than 17 at that time.

What Are Public Indecency Penalties and Fines?

The penalties for indecent exposure in Texas depend on the degree of the offense. Heavy fines, jail time, or both apply to all convictions for this sexual crime.

Class B Misdemeanor

Under Texas Penal Code Title 3 Section 12.22, a Class B misdemeanor offense of indecent exposure can result in a jail term of up to 180 days and a monetary fine of up to $2,000. In some cases, courts may punish defendants by imposing both penalties.

Class A Misdemeanor

Under Texas Penal Code Title 3 Section 12.2, with a Class A misdemeanor charge, a Texas judge may punish a defendant guilty of indecent exposure with the following penalties:

• A fine of up to $4,000
• A jail term of up to one year
• Both a fine and a jail term

State Jail Felony

A defendant guilty of indecent exposure under a state jail felony offense can face the following punishments, per Texas Penal Code Title 3 Section 12.35 :

• A state jail confinement of 180 days to two years
• A fine of up to $10,000

A judge may also upgrade the offense to a third-degree felony if the trial proves that the defendant used or exhibited a deadly weapon while committing the offense. In this case, the court may upgrade the crime to sexual assault.

Third-Degree Felony

Under Texas Penal Code Title 3 Section 12.34, an individual convicted of a third-degree felony charge for indecent exposure may face the following penalties:

• An imprisonment term of between two and ten years
• A fine of up to $10,000

Second-Degree Felony

An indecent exposure offense regarded as a second-degree felony carries the following punishments under Texas Penal Code Title 3 Section 12.33:

• A jail term of two to 20 years
• A fine of up to $10,000

What Legal Defense Strategies Are Available for Indecent Exposure in Texas?

Because indecent exposure carries heavy penalties in Texas, you or your loved one charged with one should take it seriously. However, this doesn’t mean you should fear or worry about spending the rest of your life behind bars. Depending on the circumstances surrounding the case, the following strategies that a highly experienced sex crime lawyer can use can help you get the best possible outcome.

Absence of Intent

Even if you are guilty, your lawyer can show that you had no intention to become aroused during the exposure. If they can prove this, they may be able to get the court to dismiss or reduce your charges.

Lack of Good Judgement Due to Intoxication

Your sex crime lawyer could use this defense if you were under the influence of alcohol during the exposure. Alcohol can affect one’s judgment; as Alcohol.org explains, it can impair a person’s ability to think clearly or make rational decisions, or engaging in risky sexual behavior, such as indecent exposure.

However, it’s crucial to note that, depending on what exactly happened during the exposure, using alcohol as a defense can lead to a charge of public intoxication. Still, if the penalties are lesser, your lawyer may opt for this rather than the more severe consequences of an indecent exposure conviction.

Temporary Insanity

Temporary insanity is another potential defense your criminal defense lawyer can use for your case. Your attorney may opt for this strategy if a licensed healthcare professional has previously diagnosed you with a mental disorder. They may also work with a mental health professional and enlist them as a credible witness to verify that you experienced temporary insanity during the exposure.

Enlist the Help of Andrea M. Kolski for Your Indecent Exposure Charge

Now that we’ve answered the question, “When is indecent exposure a felony and when is it a misdemeanor in Texas,” your next best option is to hire a sex crime lawyer. With 24 years of experience, Andrea M. Kolski is undoubtedly one of your best options for a highly skilled criminal defense attorney in Montgomery County, TX.

Andrea, with the help of her expert team at NonStopJustice.com, will help present you in the best possible light and aim for the most favorable outcome for your case.

Reach out to NonStopJustice.com today to request a free, non-obligatory initial consultation.