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Houston Indecent Exposure & Public Lewdness Attorney

An indecent exposure charge can ruin your reputation and harm your career. To avoid unnecessarily harsh consequences, these charges need to be taken seriously from the very beginning. In addition to statutory penalties, the social consequences of a Houston indecent exposure or public lewdness charge are too extreme to have anyone other than experienced Houston sex crimes lawyer Ned Barnett by your side throughout the entire legal process.

Call The Law Offices of Ned Barnett at (713) 222-6767 for a free consultation.

Defining Indecent Exposure & Public Lewdness in Texas

In Texas, indecent exposure and public lewdness are distinct offenses under the Penal Code, though they are often confused and are quite similar offenses. Both charges involve inappropriate sexual conduct in the presence of others, but they are differentiated by the specific action, the required intent, and the location. Understanding these legal definitions is the first step in building a strong defense. The help of an experienced local sex crime attorney can help you navigate these charges and their differences.

Indecent Exposure Charges

Under Texas Penal Code Section 21.08, you may commit an indecent exposure offense when you expose your anus or part of your genitals with the intent to arouse or gratify the sexual desire of any person, and are reckless about whether another person who will be alarmed or offended is present.

According to Texas law, you behave recklessly when you are aware of, but consciously disregard, a substantial and unjustifiable risk of your conduct. This means you knew or should have known that your actions could offend or alarm someone else in the vicinity, but chose to move forward anyway.

It is important to note the statute does not specifically require you to have been in a public place when the offense occurred – though many situations do involve exposure in public. It also does not state that any part of the genitals be exposed a specific length of time.

Public Lewdness Charges

Texas Penal Code Section 21.07 makes it illegal to knowingly engage in certain sexual acts in a public place or in the presence of someone who could be alarmed or offended. These acts include sexual intercourse, deviate sexual intercourse, and sexual contact. The law’s definition of a public place is broad, covering any area the public or a substantial group has access to, such as common areas of an apartment complex. Unlike indecent exposure, public lewdness focuses on the commission of a specific act rather than simply an intent to arouse.

Indecent Exposure vs Public Lewdness

The key difference between these two offenses is between the act and intent. Indecent exposure is about the act of exposing oneself with a specific intent to arouse, and it can occur even on private property if a person is reckless about being seen. In contrast, public lewdness is about knowingly performing a sexual act in a public place. It does not require the intent to arouse but rather doing a specific, defined sexual act. Essentially, indecent exposure criminalizes the exposure, while public lewdness criminalizes the sexual conduct itself.

Related and Similar Offenses

A person accused of indecent exposure or public lewdness may also be charged with a similar, lesser offense. You may be charged with disorderly conduct in Texas if you expose your anus or genitals in a public place and are reckless about whether someone else may be present who will be offended or alarmed. A disorderly conduct charge is a class C misdemeanor, which is punishable by a fine of up to $500.

Penalties and Consequences of Conviction

If you are convicted of indecent exposure or public lewdness, you may face the following penalties:

  • Indecent Exposure- A class B misdemeanor, an indecent exposure conviction carries with it 180 days in jail and fines reaching $2,000.
  • Public Lewdness- This offense is a class A misdemeanor resulting in incarceration for up to one year, fines reaching $4,000, community service, and probation.

Collateral consequences for a conviction for these offenses can include:

Defenses Against Indecent Exposure and Public Lewdness Charges

There are many ways to fight against indecent exposure or public lewdness charges. You are not automatically guilty because you were charged with these crimes.

It is possible to attack the elements of the specific offense, including proving that there was no arousal or intent of sexual gratification. You and your attorney may also be able to demonstrate that you had no way of knowing anyone else could see you. This may be the case if you were nude sunbathing on private land and did not know others could see onto the property.

Your charge may also be a mistake of identity. It may not have been you who exposed their genitals to others. Your attorney may fight to prove that you were in another place at the time of the incident. If you were falsely accused of indecent exposure or public lewdness, your Houston sex crimes attorney will build the strongest defense possible under the law to show that you did not expose yourself.

Call A Houston Indecent Exposure Lawyer Today

Many cases of indecent exposure and public lewdness aren’t clear cut. It takes the skills of a criminal defense lawyer to prove you are innocent or to minimize the consequences of a conviction. Attorney Ned Barnett will utilize every defense possible to represent your rights in court. He will listen to you with a compassionate ear and develop a defense strategy that will guide you through the legal process.

An experienced Houston indecent exposure and public lewdness lawyer from The Law Offices of Ned Barnett will scrutinize the evidence against you and will build you the strongest defense possible under the law.

To schedule a free consultation, contact us today at (713) 222-6767.