Indecent Exposure Texas Penal Code: What Is The Meaning And What Are Its Legal Implications?

Sex crimes have been growing at a much faster rate than we could have ever imagined. And while many of these crimes might generally seem minor, there can be legal consequences if you report them. 

For instance, let’s talk about the Indecent Exposure Texas Penal Code (Section 21.08). 

As women, we have all faced such harassment at least once in our lives. While going to school, going to work, at the bus stop, or on a crowded train. There is absolutely no place where indecent exposure or public lewdness does not happen. 

But, here’s what you need to know! 

Indecent exposure may sound like a minor offense, but under Texas law, it carries significant criminal and collateral consequences. And that’s what I am planning to explain in this blog. 

In this article, I will explain: 

• Texas Penal Code § 21.08 and its legal elements. 

• The potential penalties of indecent exposure. 

• Key legal defenses. 

So, if these are some of the things that you want to know, then keep on reading till the end… 

Indecent Exposure Texas Penal Code § 21.08

Here’s what the law, Texas Penal Code § 21.08, states related to 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. 

Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 3 

(b)  An offense under this section is a Class B misdemeanor, except that the offense is a felony of the third degree if the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. 

Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 822 (H.B. 1730), Sec. 1 

(b)  An offense under this section is a Class B misdemeanor, except that the offense is: 

(1)  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; and 

(2)  a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section. 

Breaking Down The Indecent Exposure Texas Penal Code § 21.08

Under Texas Penal Code § 21.08(a), an individual commits the offense if they: 

• Expose their anus or any part of their genitals with the intent to arouse or gratify sexual desire. 

• Act recklessly regarding whether someone else is present who might be offended or alarmed.  

Per § 21.08(b), a first offense is a Class B misdemeanor. 

However, the offense escalates: a second offense becomes a Class A misdemeanor, and two or more prior convictions elevate it to a state jail felony. 

Additionally, if the offender is civilly committed as a sexually violent predator, the offense is a third-degree felony. 

Key Elements Of The Indecent Exposure Texas Penal Code

While decoding the law related to indecent exposure or public lewdness in Texas, here are a few things that I could identify as its key elements. They are: 

1. Exposure of Anus or Genitals: Simply put, this is the physical act of revealing private parts. Even brief or partial exposure qualifies. 

2. Intent to Arouse or Gratify Sexual Desire: The prosecution must show that the act was done for sexual purpose, not mistaken nudity or accident. 

3. Recklessness about Offending or Alarming Others: As per Legal Clarity, the statute truly emphasizes recklessness. It doesn’t require the person to know someone is present. It’s enough that they should have known someone could be present and offended. 

Penalties For Indecent Exposure Texas Penal Code

A conviction brings with it a variety of legal consequences. 

In accordance with Section 12.22 of the Texas Penal Code, a Class B misdemeanor is a punishable offense entailing jail time for up to 180 days in county jail. 

The judges have the liberty to select the amount of the jail term to be given based on the case, especially if aggravating factors are involved. 

Additionally, as a penalty under the Texas Penal Code for Indecent Exposure, the fines can be as high as $2,000, apart from the court costs. 

A brief in which the offender is discharged on probation instead of going to jail, he or she will have to: 

• Participate in community service and counseling. 

• Keep regular appointments with the probation officer. 

Noncompliance with probation conditions may result in the probation being revoked and the original jail sentence being imposed. 

The courts can also mandate the offenders to undergo sex offender treatment, which may include: 

• Mental evaluations. 

• Therapy. 

• Learning courses. 

While it is true that all of these things can be expensive, failure to complete the program will lead to more penalties. 

Sex Offender Registration Requirement

As per the Texas law, people who have been convicted of a single offense do not necessarily have to register themselves as sex offender. Indecent exposure basically does not result in automatic registration. 

However, a second conviction for indecent exposure triggers a mandatory sex offender registration for 10 years, unless the second offense resulted in a deferred adjudication, which does not require registration. 

Texas Indecent Exposure Court Cases

I will talk about two specific case laws related to indecent exposure under the Texas Penal Code. These show that the court generally affirms a conviction if the individual facing the charges has exposed himself in public: 

Smith v. State

Smith v. State was a case where the prosecution accused the defendant of exposing his genitals to an undercover police officer and being reckless as to whether someone who would be offended and alarmed by the act was present because he “exposed his penis and masturbated”. 

Though the commission of the offense was in a park, that was not mentioned in the indictment. 

The Court of Criminal Appeals ruled that the information did not correctly inform the complaint of the occurrence of the incident. There is no inherent recklessness, without more, in exposing one’s penis and masturbating. 

State v. York

In contrast to that case, in State v. York, the defendant was charged with indecent exposure. The alleged act of recklessness was “expos[ing] his penis while at a public park,” with the attendant alleged matter of recklessness. 

The appellate court allowed the convict’s report to stand. The defendant’s exposure of “his penis at a public park” was found by the court to be that he was “aware of the risk that another person was present who would be offended.” And that he acted in conscious disregard of that risk. 

The court went on to say, “as a matter of law, the charging instruments alleged with reasonable certainty the acts relied upon to constitute recklessness.” 

What Are The Legal Defenses For Indecent Exposure Under The Texas Penal Code? 

Is there a way in which you can evade the charges? Well, yes, there are certain defense strategies that you and your lawyer can make use of. These are as follows: 

• Lack of intent. 

• No recklessness. 

• Insufficient evidence. 

• Consent or mistaken identity. 

• Deferred adjudication strategies. 

Indecent exposure, according to the Texas Penal Code § 21.08, is quite a scary thing. It’s more than just being naked. 

It’s a system of punishments varying in terms of the following: 

• Duration of stay in jail. 

• The amount of money one must pay as a fine. 

• Sex offender registration. 

• The stigma of being a sex offender that stays with you for a lifetime. 

Hence, knowing these legal elements, possible defenses, and choices such as deferred adjudication may make a great difference.

Read More:

• Which Of The Following Is An Example Of Sexual Coercion?
• Charged With False Sexual Assault: What You Need To Know
• Posting Or Sharing Explicit Photos Of Someone Without That Person’s Permission Is Sexual Harassment