If you have been accused of indecent exposure, you need to contact a San Antonio criminal defense attorney as soon as possible. Call the Texas sex crime Lawyers at Rush & Gransee to determine what you need to do to protect your rights. Early intervention by a criminal defense attorney can mean the difference between having a conviction or having the case dismissed or the difference between jail and your freedom. You have rights and they need to be aggressively defended.
Indecent exposure occurs when someone exposes his anus or any part of his 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.
Indecent exposure is a sex crime in the Texas Penal Code under Section 21.08. Indecent exposure in Texas is a class B misdemeanor. A class B misdemeanor can result in up to a $2000 fine and six months in jail. Courts will usually grant someone deferred adjudication or probation if they have a clean record. However, a conviction will be on your record for the rest of your life.
A misdemeanor indecent exposure conviction will usually result in the court requiring some sex offender treatment as a condition of probation. Furthermore, you are considered a sex offender under Texas Code of Criminal Procedure Section 9A.
If the indecent exposure occurred when the defendant knew a child was present or caused the child to expose the child's anus or any part of the child's genitals then the indecent exposure is a felony offense. The Texas felony indecent exposure is a third-degree felony. Pleading guilty or no-contest to a felony indecent exposure will require that you attend various counseling programs and register as a sex offender.
Various defenses can be raised. Occasionallny, a motion to quash the charging instrument will result in the case being dismissed. However, the state can and often will re-file the case. Procedurally, the motion to quash may make the case more difficult for the state to prove. The issue raised in the motion to quash is that you demand that the state allege sufficient facts to put you on notice as to why you were reckless. Also, the fact that someone may have viewed another person's anus or genitals isn't enough to prove indecent exposure. The state must prove that it was done with the intent to arouse or gratify. Indecent exposure in Texas requires more than just exposure, it is a reckless exposure done with intent to arouse or gratify.
At Rush & Gransee, L.C., we will make sure that the authorities and prosecutors respect your rights as a United States citizen and defend you to the fullest extent under the law. The lawyers at Rush & Gransee, L.C., aggressively defend clients throughout Texas.
Call to speak to one of our indecent exposure defense lawyers if you are being investigated for a sex crime in Texas or have been charged with indecent exposure in Texas. Call us at 210-223-9200 or toll free 888-501-9299 for an initial free consultation.