Indecent Exposure
Keep in mind that indecent exposure charges do not necessarily have to result in a conviction. The prosecutor must prove beyond a reasonable doubt that you committed every element of the offense. With reputable criminal trial attorneys, this can be a very difficult burden to meet, and if the jury has any doubt, you could be found not guilty at trial, or the prosecutor could dismiss the charges prior to trial. Therefore, it is in your best interest to consult with reputable Houston criminal defense attorneys to assist you to develop your best legal strategy for your particular situation.
Houston Indecent Exposure Attorney
If you have been charged with indecent exposure in Houston, or any of the surrounding areas in Texas, including Spring, Cypress, Jersey Village, Humble, Katy, Sugar Land, Pasadena or Deer Park, contact James G. Sullivan and Associates.
James Sullivan is knowledgeable in all areas of Texas’ sex crime laws and will make every effort to fight the allegations against you. Call James Sullivan at (281) 546-6428 about your alleged indecent exposure offense.
Indecent Exposure in Harris County
According to Texas Penal Code § 21.08, a person can be charged with indecent exposure if they expose any part of their genitals or anus with the intent to arouse or gratify the sexual desire of any person, and are reckless about whether another person is present who would be offended or alarmed by the act.
According to Texas law, a person acts recklessly if they commit some act, and they are aware the conduct can cause the result of their actions or conduct, but consciously disregard the possibility the result will occur.
Some of the most common examples of indecent exposure in Houston include:
- Urinating in public,
- Mooning, or exposing your buttocks to someone else in public,
- Flashing, or exposing any sexual organ to someone else in public, or
- Sunbathing topless and/or exposing female breasts.
However, a mother breastfeeding her child or baby in public is not considered indecent exposure for criminal purposes.
Offenses Similar to Indecent Exposure in Houston
According to Texas Penal Code § 21.07, a person can be charged with public lewdness if they knowingly engage in any of the following acts while in a public place:
- Sexual intercourse, which is defined as the penetration of the female sex organ by the male sex organ.
- Deviate sexual intercourse, which is defined as any contact between any part of the genitals, or sex organs, of one person and the mouth or anus of another person, or the penetration of the genitals or anus of another person with an object.
- An act of sexual conduct, which is defined as any touching of the anus, breast or genitals of another person with the intent to arouse or gratify the sexual desires of any person.
- An act involving contact between the alleged offender’s mouth or genitals and the anus or genitals of an animal.
Under Texas law, a person acts knowingly if they commit some type of conduct and they are aware their conduct is reasonably certain to cause the result of the conduct or the act.
Furthermore, a person can be charged with public lewdness if they engage in any of the following acts, and is reckless about whether another person who is present would be offended or alarmed by the act:
- Sexual intercourse,
- Deviate sexual intercourse,
- An act of sexual conduct, or
- An act involving contact between the alleged offender’s mouth or genitals and the anus or genitals of an animal.
Houston Indecent Exposure Punishment
The penalties for Houston indecent exposure offenses are defined in Chapter 12 of the Texas Penal Code. Many nudity offenses in Houston can result in a misdemeanor conviction. The penalties for nudity offenses, such as indecent exposure in Houston, are as follows:
- Criminal charges for an indecent exposure offense can result in Class B misdemeanor conviction, which is punishable by a jail sentence up to 180 days and/or a fine up to $2,000.
- Criminal charges for a public lewdness offense can result in Class A misdemeanor conviction, which is punishable by a jail sentence up to one year and/or a fine up to $4,000.
- Under Chapter 62 of the Texas Code of Criminal Procedure, a person convicted of a second indecent exposure offense is required to register as a sex offender with a local law enforcement authority of the county where they reside for a period of ten years.
James G. Sullivan and Associates | Harris County Indecent Exposure Lawyer
Contact Attorney James Sullivan today for a consultation about your indecent exposure charges in Harris County, Texas. James Sullivan is an aggressive Houston criminal defense attorney who will make every effort to get you the best result in your case.
Contact James G. Sullivan and Associates at (281) 546-6428 for a free and confidential consultation about your alleged indecent exposure charge throughout Harris County, Fort Bend County, and Waller County.
James Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout southeast Texas. This is one of his many client reviews on AVVO:
I hired James Sullivan to represent my 17 year old grandson who was charged with public lewdness after he and his girlfriend were caught fooling around at their high school. I could not be happier with the result. Sullivan persuaded the prosecutor to dismiss the case in exchange for my grandson taking a decision making class and performing 6 hours of community service. Sullivan is extremely efficient and professional. We only had to go to court twice. Sullivan was responsive to my phone calls and emails and always available to answer questions. I would recommend him to any of my family or friends that might need the services of a criminal or juvenile defense attorney.~Posted by Debbie on May 24, 2018
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