Do you know someone charged with indecent exposure? Or perhaps, are you looking for help as someone accused or charged you with this serious offense? There are existing laws in different states that prohibit this immoral act.
Of course, they still vary from state to state but share distinct similarities.
Do not hesitate to get in touch with the closest legal team or expert if you need legal assistance and protection or if you know somebody in a similar situation.
Read on to understand more about indecent exposure, what constitutes it, and how you can protect yourself from accusations.
How is “Indecent Exposure” Defined?
Legally, the definition of “indecent exposure” from the Texas Penal Code is lewdly exposing one’s genitals or private parts in public spaces.
It is intended to arouse their victims or themselves sexually and can be recklessly or intentionally done. Nevertheless, it depends on the victim or another person, should they feel alarmed or offended by the act.
People should note that any physical contact with the victim does not need to appear or exist for the crime to be named, as any communication can elevate the charge from indecent exposure to sexual assault.
Misdemeanor to Felony
Truth be told, we can consider an indecent exposure charge as a misdemeanor, meaning that it is a “lesser” criminal act that can be punished by either monetary fines or hours of community service.
However, just like any law, there are exceptions to this rule. There will be cases wherein a misdemeanor case, specifically an indecent exposure charge can be elevated to a felony.
If, for example, you exposed your anus or genitals in front of a child or minor under the age of 17, your exposure indecency charge will move to sex crime, considered a felony offense.
In Houston, indecency with a child attorney may charge you with this felony case, which carries more weight as felony offenses are more serious crimes than misdemeanor ones, including indecent exposure.
It does not just give you a different set of penalties; the aftermath of this charge will indeed affect your whole life.
Note that you should not take a misdemeanor lightly, as this still leaves a criminal record on your profile, and you will carry the burden for the rest of your life.
Proving an Indecent Exposure Charge
In cases involving indecent exposure, the burden of proving not only has the exposure happened, but the intent to gratify or arouse either the victim’s or accused’ sexual desire falls on the shoulder of the prosecutor in charge.
To prove indecent exposure, the prosecutor must prove the recklessness of the accused, which triggered the other person to be alarmed or offended by the act.
In all honesty, this proof of exposure is not always guaranteed success. The prosecutor must strongly prove the requisite intent beyond a reasonable doubt before everyone.
You need an excellent indecent exposure attorney who can strategically plan your case’s best route to reach the best possible result.
A top-notch indecent exposure attorney will craft the best possible defense for your case, highlighting the intent. They can build the case properly, showing you lacked the requisite sense to be charged for indecent exposure.
Are Childish Pranks Considered Indecent Exposure?
You might say that you only did childish pranks and have no intention whatsoever to gratify or sexually arouse a certain someone. Still, the other part might hire an aggravated sexual assault lawyer to flesh out that so-called “childish prank.”
Despite this, it is probably reasonable to presume that the law does not regard juvenile indiscretion to be appropriate for the concept of indecent exposure, given that the desire to engage in sexual activity is not there.
If you have an exceptional indecent exposure attorney, your prosecutor might encounter bumps in the case and have a hard time proving to the court the intent.
Penalties for an Indecent Exposure Charge
When talking about a sex crimes attorney, Houston is one of the places with many great minds who represent clients who were and are alleged victims of different accused people.
While this article does not aim to target alleged victims negatively, those who have been and are accused should also have their voices heard, as there are still elements that need to be assessed and proved before any conviction.
Here are the possible penalties people charged with indecent exposure might face and experience.
Fines and Jail Time
In many countries and states, indecent exposure is named a class B misdemeanor charge, except when a minor is involved. It now becomes a felony case and may result in harsher penalties.
Should you be convicted of a misdemeanor, you can be fined up to $2,000 with 180 days of jail time.
Your fines and sentence length are all based on the discretion of the judge in charge of your case or the jury that will assess your case’s positive and negative elements.
Permanent Criminal Record
Whatever your charge may be – either a misdemeanor or felony- as long as you have been convicted of indecent exposure, you have already stained your profile and made a permanent criminal record that will forever be your prt.
The stain is there when you apply for a job, a loan, buy a property, or whatever act that may require you to submit your personal information. Many people also do background checks, so you will have no way of covering it up.
It is possible that you may be obliged to register yourself as a sexual offender in certain circumstances. In Houston, sexual assault attorneys are so great that you must be mindful of who to have in your legal team to represent your interest.
On the other hand, if you are aggrieved in a case where certain people post your naked pictures on the internet and share them with others, a revenge porn attorney may also be involved in your case and legal team.
You have the right to protect yourself, especially if the alleged victim tries to do revenge porn on you and blackmails you every day.
The Bottom Line
You should not fight against an indecent exposure charge with just you and your family. Our team is experienced with handling cases like this, so if you or someone you know is being accused of indecent exposure, do not hesitate to call us!
Any charge, misdemeanor, or felony will affect you for the rest of your life, and we should not let that happen. You should protect yourself and your rights. You should have an indecent exposure attorney who values you with respect and trust.
