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Under Texas Penal Code, Section 21.08, the State of Texas, through the Tarrant County District Attorney’s Office, is required to prove the following elements of the crime of Indecent Exposure beyond a reasonable doubt to sustain a conviction:
A person commits the criminal offense of Indecent Exposure 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.
The Texas Penal Code states that an individual acts “recklessly” if that individual is aware that their conduct can cause the result of their actions, but consciously disregards the risk the result will occur.
Legal Defenses To Indecent Exposure In Texas
When fighting an indecent exposure case in Texas, it is critical to not only work with an experienced and aggressive criminal defense attorney that has a proven track record of obtain results for their clients in the courts of Fort Worth and Tarrant County, Texas, it is also critical that the client is aware of the legal defenses available to them so that they are prepared for the fight in court.
Defense #1 - Inability To Prove “Intent To Arouse Or Gratify”
The most litigated and contested issues during a trial for Indecent Exposure are whether the individual intended to arouse or gratify the sexual desire of another and whether or not the individual acted recklessly regarding whether someone would be present or offended by his actions.
For instance, one of the most common instances of an arrest for Indecent Exposure in Tarrant County is when someone urinates in public. Although urinating in public can sometimes meet the elements of Indecent Exposure, it is often difficult for the prosecution to prove their case beyond a reasonable doubt to a Tarrant County jury because the exposure was not done to arouse or gratify the sexual desire of any person. Even though the accused may have been reckless in exposing himself or herself to urinate, without proving the additional element of “intent to arouse or gratify the sexual desire of another,” the State of Texas will lose their case.
Another problem scenario where the State of Texas may not be able to prove intent to arouse or gratify the sexual desire of another is when there is no evidence of erection or sexual arousal. What if the accused clearly exposed themselves but there is no evidence of an erection? The most common way to determine if a man is sexually aroused is by observing an erection. In this situation, the State of Texas would not be able to prove that the accused exposed himself with intent to sexually arouse HIMSELF. Now we must look to see if there were any actions by the accused that would independently show that he was attempting to arouse the alleged victim. Merely seeing someone expose themselves does not, by itself, establish proof of intent to sexually arouse or gratify the person who saw them. This is the type of analysis that your criminal defense attorney must do to protect you on an indecent exposure case in Texas.
Defense #2 - Inability To Prove “Recklessness”
The best indecent exposure attorneys in Texas know that the State of Texas is required to prove intent to arouse or gratify the sexual desire of any person, AND the act is reckless about whether another is present who will be offended or alarmed by the act.
Proving only one of the elements will not be sufficient. In other words, even if someone was exposing themselves with the intent to arouse another person but their actions were not reckless, but instead negligent, there is no crime of indecent exposure under Texas criminal law.
As stated earlier, in order to prove reckless, the prosecutor will have to prove that you were aware that your conduct could cause the result of your actions but chose to consciously disregard the risk the result would occur.
Criminal Consequences for an Indecent Exposure Conviction?
The crime of Indecent Exposure is classified as a Class B misdemeanor, punishable by a term in the Tarrant County jail of up to 180 days and a fine not to exceed $2,000.
00:00 How To Beat An Indecent Exposure Charge In Texas
01:27 What Is Indecent Exposure
02:33 Defenses To An Indecent Exposure Charge
03:18 Urinating In Public
09:10 Breast Feeding In Public
09:24 Punishments To An Indecent Exposure Charge
11:33 What To Do If Facing Indecent Exposure Charge?
15 авг 2024
