If you have been arrested for indecent exposure in Austin, Texas, you should contact an Austin criminal defense lawyer immediately. A conviction for indecent exposure in Texas can lead to serious penalties, such as jail time, fines, possible sex offender registration and a permanent criminal record that can appear on a criminal background check.
A conviction for indecent exposure can severely limit your employment, housing, educational and many other opportunities that may require a back ground check.
Austin Indecent Exposure Lawyer
Unfortunately, many people who have been arrested in Texas for indecent exposure are scared or embarrassed and are hesitant to seek legal counsel or to contact a criminal defense attorney to discuss their case. Austin criminal defense lawyer Kevin Bennett understands that good people can make bad mistakes and that everyday many individuals are falsely accused of crimes.
Attorney Kevin Bennett can work with you to help prepare a solid defense strategy tailored to your individual case. Mr. Bennett can also work with you to expunge or seal your criminal record, when possible. Contact The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation.
Indecent Exposure Law in Texas: Texas Penal Code Section 21.08
Sec. 21.08. INDECENT EXPOSURE.
(a) A person commits an offense if he 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.
(b) An offense under this section is a Class B misdemeanor.
Explanation of Texas Indecent Exposure Law
Indecent Exposure is a crime that is sexual in nature. Under the Texas Penal Code Section 21.08, a person can be charged with indecent exposure if they:
- Expose his or her buttocks or anus;
- Expose any part of his or her genitals; and
- Act with the intent to arouse or gratify the sexual desire of any person; or
- Act recklessly as to the presence of another person who will be offended or alarmed.
In Texas, an individual acts recklessly if they commit some act, and they are aware the conduct can cause the result of their actions or conduct, but consciously disregard the possibility the result will occur.
It is essential to understand that not all indecent exposure cases result in a conviction. A prosecutor must first prove that a defendant committed every element of the alleged offense beyond a reasonable doubt. This can be a very difficult burden to meet. Having an experienced Austin criminal defense lawyer represent you in an indecent exposure case can make an essential difference in the outcome of your case.
Penalties for Indecent Exposure in Texas
The penalties for indecent exposure in Texas are listed in Chapter 12 of the Texas Penal Code. The punishment for indecent exposure can vary depending on a variety of factors, including the offender’s prior criminal history, the alleged offender’s mental state, and the degree of indecent exposure offense. The penalties for indecent exposure in Texas are as follows:
- An individual charged with an indecent exposure offense faces a Class B misdemeanor, which is punishable by up to 180 days in jail and/or a fine not more than $2,000.
- An individual charged with a second or subsequent indecent exposure offense faces a Class A misdemeanor, which is punishable by up one year in jail and/or up to a $4,000 fine.
Indecent exposure is considered a sex crime, and like any sex crime, a conviction for indecent exposure can haunt you the rest of your life. An individual that has been convicted of indecent exposure in Austin or Texas 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;
- Difficulty in obtaining any type of employment;
- Difficulty in renting an apartment or home; and/or
- A permanent criminal record.
As you can see, the stigma of being convicted of a sex crime can be unforgiving. If you have been arrested or charged with indecent exposure or any sex crime in Texas, it is essential that you contact an experienced criminal defense attorney in Austin to protect your rights and your future.
Representing Austinites on Indecent Exposure Charges
Austin defense attorney Kevin Bennett understands the stress and fear associated with an indecent exposure case. If you are confused or unsure how to proceed in your indecent exposure case, please call The Law Office of Kevin Bennett at (512) 476-4626.