What Is Indecent Exposure? What Are The Legal Consequences?
Indecent exposure is when someone exposes their anus or genitals for the purposes of sexually gratifying themselves or another person. The act must be committed with recklessness as to whether or not someone was present who may be offended by the conduct. If two people are consensually exposing themselves to each other in a public place and there is no one else around, then that would not be considered indecent exposure. However, if they were doing it in such a way that someone who is not with them may see it and be offended by it, then that would be considered an offense. Indecent exposure is a Class B misdemeanor. A first-time conviction will not carry sex offender registration requirements in Texas, but a second-time conviction will. In most cases, the prosecutors in Travis County seek deferred adjudication in these cases, which means that they will want a person to plead no contest and be placed on deferred adjudication. The charge would be able to be sealed two years after the successful completion of probation; if probation is not successfully completed, then the charge would become a conviction.
In my experience, a dismissal track will not be offered unless there are strange circumstances. Dismissals of indecent exposure cases that stemmed from police stings are often a result of issues relating to the Texas Code for Criminal Procedures, §38.23, such as illegal means of gaining evidence in contravention of the US constitution, Texas Constitution, or Texas law. There are many issues that can potentially be litigated in these cases, but in the absence of such litigation, dismissals are few and far between.
I Was Arrested In An Indecent Exposure Sting; What Are My Options?
Infrequently, the police in Austin will operate indecent exposure stings in parks and in the restrooms at those parks. Typically, these stings target men who are using the park to find other men with whom they want to engage in sex acts, commonly known as “cruising”. In most cases, a male officer will be placed in the restroom and attempt to solicit males as they enter the restroom.
The issue with indecent exposure is that if someone is trying to talk you into exposing your genitals or anus, then it’s reasonable to assume that the person is not going to be offended by that exposure, which would make proving indecent exposure difficult. There may also be an issue with entrapment depending on how much conduct the officer engaged in or how much encouragement and instruction was given. There are many potential issues that your attorney might have to raise in Travis County in order to help you avoid a conviction.
For more information on Indecent Exposure In The State Of Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 601-0009 today.
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