A new Texas law is cracking down hard on repeat offenders of indecent exposure. Effective September 1, 2023, House Bill 1730 has dramatically increased the penalties for a second or third indecent exposure conviction, turning what was once a misdemeanor into a potential state jail felony.
If you have any prior conviction for indecent exposure—even from years ago—a new arrest in Plano, Frisco, or anywhere in Collin County is now a life-altering event. The stakes have never been higher. A charge that might have previously resulted in probation could now land you in a state jail facility for up to two years and saddle you with a permanent felony record.
Understanding this new law is critical. An accusation alone can be devastating, but a conviction under HB 1730 can destroy your reputation, your career, and your future.
A gavel coming down on a legal document titled “HB 1730”, symbolizing the new, harsher penalties for indecent exposure in Texas.
Texas House Bill 1730 has turned repeat indecent exposure charges into serious felony offenses with severe consequences.
What is Indecent Exposure in Texas?
First, it’s important to understand the base charge. Under Texas Penal Code § 21.08, indecent exposure (often called “flashing”) occurs when a person exposes their genitals or anus with the intent to arouse or gratify any person, and is reckless about whether another is present who will be offended or alarmed.
Before HB 1730, the penalties were:
- First Offense: Class B Misdemeanor (Up to 180 days in jail, $2,000 fine)
- Subsequent Offenses: Still a Class B Misdemeanor
The old law did not differentiate between a first-time and a chronic offender. HB 1730 changes that completely.
How HB 1730 Increases Penalties for “Chronic Flashers”
HB 1730 amended the penal code to create a “three-strikes” style enhancement for indecent exposure. The new penalty structure is now:
- First Conviction: Class B Misdemeanor (Up to 180 days in county jail, $2,000 fine)
- Second Conviction: Class A Misdemeanor (Up to 1 year in county jail, $4,000 fine)
- Third (or more) Conviction: State Jail Felony (180 days to 2 years in a state jail facility, $10,000 fine)
This means a third arrest can lead to a felony record, which results in the permanent loss of your right to vote, own a firearm, and will create immense barriers to finding employment and housing.
Why You Need a Plano Indecent Exposure Lawyer Immediately
The Collin County District Attorney’s office is well aware of this new law and will not hesitate to pursue the harshest penalties possible. A prior conviction from another city or even another state can be used against you.
A strong defense is your only protection. Common defense strategies we employ at Starr Law include:
- Lack of Intent: Arguing that there was no intent to arouse or gratify, and the exposure was accidental or not sexually motivated.
- False Accusation: These charges are often highly embarrassing and can stem from misunderstandings, neighbor disputes, or false allegations.
- Constitutional Challenges: Contesting the legality of the police stop, the arrest procedure, or witness identification.
The prosecution must prove every element of the crime beyond a reasonable doubt. We know how to find the weaknesses in their case.
Texas HB 1730 Indecent Exposure: FAQs
What if my prior conviction was a long time ago?
The law does not specify a time limit. A conviction from 10 or 20 years ago could still be used to enhance a new charge to a Class A misdemeanor or a state jail felony under HB 1730.
Is “mooning” someone considered indecent exposure?
It can be. If the act was done with the intent to sexually gratify and you were reckless about offending someone, it could fit the definition. However, if it was done as a joke or insult without sexual intent, it might be charged as disorderly conduct instead. The specific context is critical.
Can I get probation for a state jail felony indecent exposure charge?
While probation is a possibility, it is not guaranteed. A judge may be hesitant to grant probation for a third-offense “chronic flasher” charge. Having an attorney who can persuasively argue for probation by highlighting rehabilitation and community ties is essential.
Collin County Indecent Exposure Defense Attorney
At Starr Law, P.C., we understand the sensitive and complex nature of these charges. A conviction does not just mean jail time; it means registering as a sex offender, a stigma that follows you forever. Our firm has vast experience defending clients against indecent exposure and other sex-related offenses in Plano, McKinney, and throughout Collin County.
We are not here to judge; we are here to defend. We will meticulously investigate the circumstances of your arrest, challenge the evidence, and fight to protect your rights, your reputation, and your freedom. In the face of these new, harsher penalties, having an aggressive and experienced legal advocate is not just an advantage—it is a necessity.
Don’t let a mistake or misunderstanding become a felony on your permanent record.
Contact Starr Law, P.C. today for a confidential consultation. We are ready to build your defense. Call us at 214-982-1408.
