Houston Indecent Exposure Defense Attorney

Harris County Indecent Exposure Case Guidance

For those facing indecent exposure charges in Houston, it is important to quickly and strategically seek the help of a reputable Houston indecent exposure lawyer. These charges can carry severe penalties such as hefty fines, community service and registration as a sex offender.

Seeking legal assistance from an experienced and knowledgeable Houston indecent exposure lawyer can make all the difference when it comes to navigating through the criminal justice system, understanding your rights and defending yourself against the offense you are being charged with. Our attorney will guide you through every step of solving your legal problem and seek the best possible outcome for your case.

Call our Houston indecent exposure attorneys today at (713) 597-2221 or contact us online.

Understanding Texas’ Indecent Exposure Law

According to Sec. 21.08., indecent exposure is defined as:

(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.

Penalties for Indecent Exposure in Texas

In Texas, indecent exposure is a Class B misdemeanor, punishable by a fine up to $2,000, confinement in jail for up to 180 days, or both the fine and jail time. The Law Offices of Jed Silverman is here to provide the defense you need to protect your rights and your future. Our Houston indecent exposure defense lawyers provide consultations to anyone seeking defense representation for themselves or a loved one.

However, if you have a prior conviction for indecent exposure or if the act occurred in a manner that caused significant distress to others (e.g., exposure to a child or multiple individuals), the charge could be upgraded to a Class A misdemeanor. This charge carries more severe penalties, including up to 1 year in county jail, a fine of up to $4,000, probation or other terms of community supervision.

In cases where the defendant has a history of repeated offenses, or the exposure was directed toward a minor under the age of 17, the charge could be escalated to a third-degree felony. A conviction for a third-degree felony can carry up to 10 years in prison, a fine of up to $10,000, probation or parole conditions.

Do I Have to Register as a Sex Offender for an Indecent Exposure Conviction?

Anyone convicted of indecent exposure on a first offense will not have to register as a sex offender, but per Article 62.001(5) of the Code of Criminal Procedure, the second violation of this kind can warrant registration unless the case results in a deferred adjudication.

Building a Defense Strategy for Indecent Exposure

Our Houston indecent exposure attorney may use several defenses to challenge indecent exposure charges, depending on the specifics of the case. Common defenses include arguing lack of intent (e.g., accidental exposure such as a wardrobe malfunction), mistaken identity (if the accuser misidentified the defendant), or that the exposure was not offensive or alarming to others. 

If the exposure occurred in a private area where there was a reasonable expectation of privacy, this could be used as a defense as well. Additionally, false accusations can occur for various reasons, and your attorney may work to discredit the accuser or provide evidence showing the accusations are unfounded. Each case is unique, and an experienced attorney can tailor the defense strategy accordingly.

What Is Deferred Adjudication?

According to the Texas Department of State Health Services[1], deferred adjudication is a legal proceeding in which the defendant enters a guilty or “no contest” plea, and the judge can defer further proceedings without having to enter an adjudication of guilt. 

The deferred proceedings initiate a period of community supervision for the defendant, which is similar to probation. If the defendant successfully completes the community supervision, the court can then (but is not required to) dismiss the crime that initiated the charges.

Contacting The Law Offices of Jed Silverman

We invite you to get in touch with a Houston indecent exposure defense lawyer at The Law Offices of Jed Silverman today so we can inform you of your legal rights and options. You are presumed innocent until proven guilty. 

Let us protect your rights – Call today at (713) 597-2221 or reach out online to schedule a consultation!

Commonly Asked Questions on Indecent Exposure

What is the statute of limitations for indecent exposure in Texas?

In Texas, the statute of limitations for indecent exposure is generally two years from the date of the alleged offense. This means the prosecution must bring charges within that time frame. If the alleged exposure involved a minor, however, the statute of limitations may be extended.

Can you be convicted of indecent exposure if no one witnesses it?

Yes, you can still be charged with indecent exposure even if no one witnessed the act, but there must be evidence or a claim from someone who saw it. For example, if the exposure was reported by a witness who saw you through a window or from a public space, that may be enough to pursue charges.

Can I be charged with indecent exposure for being nude in my own home?

If you are inside your own home and have a reasonable expectation of privacy, it’s unlikely you can be charged with indecent exposure. However, if you are in a location where others can see into your home (such as a busy street or a shared courtyard) and the exposure is deemed offensive or alarming, you could still be charged.