Houston Indecent Exposure Attorney

The State Must Prove Sexual Intent, Not Exposure Alone

An indecent exposure charge requires more than proof that exposure occurred. Under Texas law, the prosecution must establish sexual intent and recklessness about the presence of someone who would be offended or alarmed. At Hochglaube & DeBorde, PC, we examine those elements alongside witness accounts, identification, police conduct, and the circumstances surrounding the allegation.

An accusation can affect your liberty, criminal record, employment, reputation, and family relationships. Whether you’re under investigation, have been arrested, or already have a court date, we assess the case stage, available evidence, and any conditions or deadlines that require immediate attention.

What Texas Law Requires the State to Prove

Texas Penal Code Section 21.08 applies when a person exposes the anus or any part of the genitals with the intent to arouse or gratify sexual desire while being reckless about whether another person is present who will be offended or alarmed. Recklessness generally means consciously disregarding a substantial and unjustifiable risk. The prosecution must prove every element beyond a reasonable doubt.

The charge level depends partly on prior convictions under Section 21.08 and, in limited circumstances, civil commitment status.

The statutory classifications and punishment ranges include:

• First offense: Generally a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000.
• One prior conviction: A Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
• Two or more prior convictions: A state jail felony, punishable by 180 days to two years in a state jail and a fine of up to $10,000.
• Civil commitment status: A third-degree felony if the accused is civilly committed as a sexually violent predator, carrying two to 10 years in prison and a fine of up to $10,000.

Texas Code of Criminal Procedure Chapter 62 identifies a second violation of Section 21.08 as a reportable offense unless it results in deferred adjudication. Because the prior record and procedural outcome matter, potential registration consequences require a case-specific assessment rather than assumptions based on the arrest charge.

Defense Issues That Can Shape the Case

The central dispute is often whether the evidence establishes the required mental state. Exposure that was accidental, medically necessary, or unrelated to sexual desire may not satisfy the sexual-intent element. The facts may also raise questions about whether the accused knew another person was present or consciously disregarded that possibility.

Our criminal defense investigation can examine:

• Witness reliability: What the witness could see, how long the observation lasted, and whether the account changed over time.
• Identification: Whether the witness accurately identified the accused and the alleged conduct.
• Physical and digital material: Available video, messages, location data, photographs, and other records related to the accusation.
• Statements: What was allegedly said before, during, or after the event, including during police questioning.
• Constitutional violations: Whether an unlawful search, seizure, arrest, or interrogation affected the state’s case.
• Statutory fit: Whether the alleged conduct satisfies every element of Section 21.08.

More Than 60 Years of Combined Criminal Defense Experience

Hochglaube & DeBorde, PC brings more than 60 years of combined attorney experience to criminal cases in state and federal courts. Our former-prosecutor perspective helps us anticipate how the state may interpret witness statements, disputed intent, and alleged repeat-offense consequences.

We advise clients during investigations and after arrests, conduct independent reviews, evaluate witnesses, and prepare every case with trial in mind. Clients work directly with our attorneys throughout the process. Spanish-speaking representation and virtual consultations are available.