McKinney, TX Indecent Exposure Attorneys
Lawyers Helping Clients Address Indecent Exposure Charges in McKinney, Texas
Indecent exposure may seem like a minor offense when compared to other sex crimes. However, depending on the circumstances of a case, a person could face multiple types of penalties if they are convicted of this offense. Even if indecent exposure is charged as a misdemeanor, a conviction will lead to a permanent criminal record. In certain cases, felony charges may apply, and a person could be required to register as a sex offender.
Because indecent exposure charges may involve legal issues that may not always be obvious, and because of the ways a conviction can affect a person, anyone facing these charges will need to understand how to respond. At Texas Defense Firm, our attorneys can provide guidance to people who have been charged with indecent exposure or other related sex crimes. We understand what the state must prove to secure a conviction and how to build a strong defense. Our goal is to resolve these cases while avoiding criminal convictions and minimizing the ways a person's life may be affected.
Situations That Can Lead to Indecent Exposure Accusations
Charges of indecent exposure may arise in cases where people are accused of exposing their private parts in public or in the view of others. Some examples of situations where people may be arrested for these offenses include:
- A person urinating outdoors in a location where they were observed by someone else
- Sexual activity in a parked vehicle in a public parking lot or on the side of a road that is seen by people passing by
- Accusations that a person has exposed themselves while in the backyard of their home or in another location that was within view of neighbors
- Misunderstandings involving accidental exposure while changing clothes or in another situation where a person did not intend to be seen by others
How Indecent Exposure Is Addressed Under Texas Law
The offense of indecent exposure involves the exposure of a person's genitals or anus for the purpose of sexual gratification. This may include the gratification or sexual arousal of the person who is exposing their private parts or the gratification of another party.
Criminal charges may apply if a person is accused of acting recklessly when exposing themselves without considering whether another person would be alarmed or offended by their actions. This means that a person could be charged with indecent exposure based on accusations that they purposely exposed themselves to someone else or acted in a way that disregarded the possibility that someone could see them and be offended.
Because of the intent requirements under the law, accidental exposure or nudity in a private setting where a person did not expect anyone else to be present generally will not qualify as indecent exposure. A prosecutor will need to demonstrate that a person acted with the intent to cause sexual arousal or gratification for themselves or others and that they failed to take the proper level of care to avoid alarming or offending people who could have seen them.
Penalties for Indecent Exposure
In general, a person who is accused of indecent exposure for the first time may be charged with a Class B misdemeanor. If convicted, they could be sentenced to up to six months in a county jail, and they may be fined a maximum of $2,000. A second offense may be classified as a Class A misdemeanor. In these cases, the sentence may increase to up to one year in jail, and fines may be as high as $4,000. A second conviction will also require a person to register as a convicted sex offender.
A third indecent exposure offense will usually lead to felony charges. In these cases, a person may be charged with a state jail felony, which may result in a sentence ranging from six months to two years. If a person had been classified as a sexually violent predator due to a previous sex crime conviction, indecent exposure may be charged as a third-degree felony, with a potential prison sentence lasting from two to 10 years.
Indecent Exposure Accusations Leading to Indecency With a Child Charges
Charges related to indecent exposure can be more serious if a child was present during an alleged offense. The intentional exposure of a person's genitals or anus for the purpose of sexual gratification when a person knows that a child is present can lead to charges of indecency with a child. This is a much more serious offense, and it may result in third-degree felony charges. Because an offense is considered to be a child sex crime, a person may be more likely to face harsh penalties and long-term sex offender registration.
Defense Strategies in Indecent Exposure Cases
To convict a person of indecent exposure, a prosecutor will not just need to show that nudity occurred, but that a person had a sexual intent and was reckless in their actions. Our lawyers can challenge these claims by arguing that exposure was accidental rather than intentional. We may dispute whether a person's actions could be considered reckless and argue that they were in a secluded or private setting where they did not believe that anyone else would be present. We may also challenge the identification of a suspect and argue that a defendant was not the person who committed an offense.
Contact Our McKinney Indecent Exposure Attorneys
A defense against an indecent exposure charge can be crucial to help a person avoid serious penalties and a lasting criminal record. At Texas Defense Firm, our attorneys can help defend against these accusations and work to resolve a case without a criminal conviction. Contact our McKinney, TX indecent exposure defense lawyers at 972-369-0577 to schedule a free consultation.
