Any individual who exposes his or her genitals without regard to the presence of another person may be charged with indecent exposure in Texas. While indecent exposure is a misdemeanor offense, a conviction can carry very long-term consequences because of the record appearing in criminal background checks.
In some cases, indecent exposure offenses are the result of people who engaged in behavior they thought was playful and had no criminal intent, such as streaking (the act of running naked through a public place) at a sporting event. The truth is that individuals who are convicted multiple times of indecent exposure are required to register as sex offenders in Texas.
Attorney for Indecent Exposure Arrests in Conroe, TX
If you were arrested for indecent exposure in Montgomery County or Harris County, it will be in your best interest to have legal representation before you make any court appearance. Evans & Powell, PLLC defends clients accused of sexual offenses in Woodbranch, Magnolia, Patton Village, Pinehurst, Splendora, Spring, The Woodlands, Willis, and many surrounding areas of Montgomery County and Harris County.
Sean Evans and Frank Powell are experienced criminal defense lawyers in Conroe who will work to help you achieve the most favorable possible outcome to your case. You can have our attorneys provide an honest and thorough evaluation of your case as soon as you call (936) 622-2000 to schedule a free initial consultation.
Overview of Indecent Exposure Crimes in Montgomery County
- What constitutes indecent exposure?
- When does an indecent exposure conviction result in required sex offender registration?
- Where can I find more information about indecent exposure in Conroe?
Under Texas Penal Code § 21.08, a person commits an indecent exposure offense if he or she exposes his or her anus or any part of his or her genitals with intent to arouse or gratify the sexual desire of any person, and he or she is reckless about whether another is present who will be offended or alarmed by his or her act.
The State is required to allege circumstances which indicate the alleged offender was aware of the risk that another person was present who would be offended by the exposure and that the alleged offender acted in conscious disregard of that risk.
A person can be charged with indecent exposure even if his or her action is not directed at a specific person, as the law only states that an alleged offender must be reckless about whether another person is present. In other words, a person could be arrested for exposing his or her anus or genitals even if nobody else was actually present.
It is important to note that a mother breastfeeding her child or baby in public is not considered indecent exposure for criminal purposes.
Indecent exposure is a Class B misdemeanor punishable by up to 180 days in jail and a fine up to $2,000. Under Texas Code of Criminal Procedure § 62.001(5)(F), a second violation of Texas Penal Code § 21.08 relating to indecent exposure (unless it results in a deferred adjudication) is considered a "reportable conviction or adjudication."
Any person with a reportable conviction or adjudication must register as a sex offender. Adult sex offenders that are not required to register for life (those registering on the basis of an indecent exposure conviction) must register until the 10th anniversary of the date on which the court dismisses the criminal proceedings and discharges the person, or the person is released from a penal institution, or the person discharges community supervision, whichever date is later.
Sex Offender Registration Program | Texas Department of Public Safety (TxDPS) — Visit this section of the TxDPS website to learn more about the Texas Sex Offender Registration Program. You can find answers to Sex Offender Frequently Asked Questions. The website also includes a link to Chapter 62 of the Texas Code of Criminal Procedure relating to the Sex Offender Registration Program.
Evans & Powell, PLLC | Conroe Indecent Exposure Defense Lawyer
Were you recently arrested in Harris County or Montgomery County for indecent exposure? Do not say anything to authorities until you have first contacted Evans & Powell, PLLC.
Conroe criminal defense attorneys Sean Evans and Frank Powell represent both residents and visitors in communities all over Montgomery County and Harris County, such as Willis, Cut and Shoot, Oak Ridge North, Panorama Village, Porter Heights, Shenandoah, Spring, The Woodlands, and many others.
Call (936) 622-2000 or complete an online contact form to have our lawyers review your case and discuss all of your legal options during a free, confidential consultation.