Texas Indecent Exposure Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 29, 2024

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Almost every state has laws against indecent exposure. Texas is no different. While it's only a Class B misdemeanor, the penalties for indecent exposure in Texas can be severe. Not to mention, being convicted of this sex crime can be extremely embarrassing.

If you're facing indecent exposure charges, you should get to know Texas law. Here, we'll briefly explain these laws and the relevant penalties. We'll also describe any potential defenses to this crime. If you're worried about your criminal charges, especially the possibility of having to register as a sex offender, contact a Texas criminal defense lawyer.

Elements of the Crime of Indecent Exposure

Just because you're facing charges for indecent exposure or public lewdness, that doesn't mean the judge will convict you. The prosecutor must prove each element of the crime for this to happen.

The elements of this crime are as follows:

  • You must expose your genitals or anus
  • In a public place or in a private place with the intent for the public to see you
  • For the purposes of sexual arousal or sexual gratification
  • While being reckless of whether anyone is present
  • Knowing your behavior is likely to offend or alarm any viewers

If the state can prove these elements, you'll likely face a conviction for a misdemeanor offense. This means the judge will sentence you to possible jail time, fines, and sex offender registration. These penalties may seem harsh. You and your legal representation must develop a solid defense strategy to avoid an indecent exposure conviction.

Texas' Indecent Exposure Laws: Chart

If you expose yourself in a public place, there's a chance law enforcement will arrest you and charge you with indecent exposure. You should know how Texas defines this criminal offense and what the possible penalties are.

The following chart provides information about Texas indecent exposure laws:

Statute Texas Indecent Exposure Statute — Texas Penal Code, Title 5, Chapter 21, Section 21.08
The crime of indecent exposure

In the state of Texas, indecent exposure is a sexual offense. To convict a defendant on a charge of indecent exposure, the prosecutor must prove beyond a reasonable doubt that the defendant exposed their anus or genitals with the intent to arouse the sexual desire of any person and that they were reckless about whether their disorderly conduct would alarm or offend other people.

If the case involves unwanted touching, the state may charge you with sexual assault. (See FindLaw's Sex Crimes section to learn about related offenses.)
Defenses to indecent exposure charges
  • Lack of intent — Since the intent must be to arouse sexual desire, urinating behind a dumpster likely would not qualify as an offense of indecent exposure while mooning passersby may be.
  • Insanity — The court may not convict someone with a mental illness as guilty of certain acts since they lack the mental capacity.
  • Intoxication — This is not a standard defense to charges, but it may be a mitigating factor in some cases.
  • Age — It’s difficult for the prosecutor to prove that a child has the necessary intent for public indecency.
Penalties and sentences

According to the Texas Penal Code Section 21.08, indecent exposure laws classify the crime as a "Class B" misdemeanor. This charge typically carries a penalty of less than 180 days in county jail and a fine of no more than $2,000.

During adjudication, the judge can impose the minimum (or maximum) sentence. It will depend upon the circumstances of your case. For example, if the defendant is a first-time offender, the judge may impose a lighter sentence.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, seek legal advice from a skilled attorney or conduct legal research to verify your state laws.

Feeling Exposed? Talk to a Texas Criminal Defense Lawyer

Although an indecent exposure charge may seem minor, it is still a sexual offense, and a conviction can result in some uncomfortable exchanges with neighbors, future employers, and others who may become aware of your criminal record.

By taking your criminal defense seriously, you may be able to avoid a conviction. Contact a local criminal defense attorney today.

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