Indecent Exposure, also called “flashing,” is a crime in Texas. Until the passage of Texas House Bill 1730, the harshest penalty for an Indecent Exposure conviction was a Class B misdemeanor, even for repeat offenders.
The passage of H.B. 1730 into law imposed stricter penalties for chronic flashers who have a prior conviction. Read on to learn more about Indecent Exposure in Texas, how H.B. 1730 changed the law, and when to contact a lawyer.
What is considered ‘Indecent Exposure’ in Texas?
Texas Penal Code, Section 21.08. Indecent Exposure, states:
“A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.”
How did Texas H.B. 1730 change the Indecent Exposure law?
Texas House Bill 1730 added harsher penalties for repeat offenders. Texas Penal Code, Section 21.08. Indecent Exposure, now states, in part:
“(b) An offense under this section [21.08] is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section; and
(2) a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section.”
Indecent Exposure in Texas: Penalties
The penalties for an Indecent Exposure conviction are based on how many prior offenses the alleged actor has on their criminal record.
First Indecent Exposure conviction
Anyone convicted of Indecent Exposure for the first time would be charged with a Class B misdemeanor, for which the penalties are a fine of up to $2,000 and/or a jail sentence of up to 180 days.
Second Indecent Exposure conviction
A second conviction is a Class A misdemeanor, for which the penalties are a fine of up to $4,000 and/or a jail sentence of up to one year.
Third Indecent Exposure conviction
The passage of Texas House Bill 1730 enacted tough penalties for chronic flashers. A third (or more) conviction is a state jail felony, for which the penalties are a state jail sentence of 180 days to two years and a fine of up to $10,000.
Consequences of an Indecent Exposure conviction
In addition to potential jail time and/or a monetary fine, a conviction for Indecent Exposure has other consequences, as well.
Any sexual offense conviction carries a stigma that can impact the accused and their loved ones. Such a conviction can result in the loss of reputation and embarrassment.
Those with a sexual offense conviction such as Indecent Exposure may be barred from certain employment and volunteer opportunities. Having an Indecent Exposure conviction on one’s record could also interfere with child custody and child visitation.
Indecent Exposure is not a charge to laugh off. No matter how ludicrous the accusations seem, you must take these charges seriously and contact an attorney.
Indecent Exposure Charges in Texas: FAQs
Below are some of the most frequently asked questions about Indecent Exposure or “flashing.” This information is a general overview of Texas law, and is not a substitute for consulting a criminal defense lawyer about your specific case.
Is Indecent Exposure a felony in Texas?
Indecent Exposure is a misdemeanor for one’s first and second convictions.
Once the accused hits their third conviction, Indecent Exposure is a state jail felony.
Is flashing breasts illegal in Texas?
It depends on the intent of the actor.
Note that a mother’s right to breastfeed in public is protected by law.
How do you beat an indecent exposure charge in Texas?
It is in your best interest to contact a criminal defense attorney who has experience in handling sexual offense cases.
Note that many law firms take these cases on, but few will do more than push you to take a plea bargain. You want an attorney who will pursue the best possible outcome for your case, which may include taking your case to trial.
What is the minimum sentence for indecent exposure in Texas?
Any potential jail time is based, in part, on whether the accused has a prior Indecent Exposure conviction.
Even a first time offense could result in spending up to 180 days in jail.
Is ‘mooning’ illegal in Texas?
The act of “mooning” — exposing one’s bare buttocks — is often done as a joke or an insult. Whether it’s illegal can come down to the actor’s intent and who is present.
To fit the crime of Indecent Exposure, mooning would have to involve:
- An “intent to arouse or gratify the sexual desire of any person” and
- For the actor to have been “reckless about whether another is present who will be offended or alarmed by his act.”
Mooning without sexual intent but being “reckless about whether another is present who will be offended or alarmed by his act” could result in a Disorderly Conduct charge, according to Texas Penal Code, Section 42.01.
What is the difference between a “flasher” and a “peeping Tom”?
The term “flasher” refers to someone who exposes themself for sexual gratification.
A “peeping Tom” observes another person in a setting where they have a reasonable expectation of privacy, without that person’s consent and for their own sexual gratification.
The “peeping Tom” law in Texas is Section 21.17 Voyeurism.
Note that both “flasher” and “Peeping Tom” are informal terms and not legal terms in Texas.
Repeat Indecent Exposure Attorney in Plano, Texas
Being falsely accused of Indecent Exposure can be embarrassing and even downright ridiculous. No matter how far-fetched these allegations are, you must take them seriously — especially if you already have a prior conviction for this crime.
Any lawyer can process paperwork and push you to take a plea bargain. These lawyers are often unmotivated or too inexperienced to take your case to court.
Attorney Starr sets himself apart by his willingness to take your case before a judge or jury if that could result in a favorable outcome. He routinely represents clients for a year or more — however long it takes for a resolution that has the least impact on you and your loved ones.
Just take a moment to view and read through Attorney Kent Starr’s client testimonials. Common themes you’ll see are clients receiving dismissals, not guilty verdicts, and probation instead of time behind bars.
Attorney Starr has built a reputation defending clients who face charges like Indecent Exposure and other sexual offenses. He is more than happy to sit down with you and discuss cases similar to yours that he’s handled; this is all a matter of public record.
Another advantage Attorney Starr offers is that he is a bail bonds attorney, which not all law firms have the financial resources to offer. If you are already in custody, one phone call to Starr Law, P.C. can get you out of jail and start your legal representation.
Call Starr Law, P.C. today at 214-982-1408.
References
Bill Analysis: Texas House Bill 1730
