Houston Indecent Exposure Lawyer
The “flasher” is a staple of sketch comedy routines and movies. However, getting charged with “flashing” or indecent exposure is no laughing matter. A flashing conviction can land you on the state or local sexual offender’s list. This stigma is on top of fines, jail time or other punishments.
What is Considered Indecent Exposure?
“Indecent exposure” is a short term covering a broad spectrum of circumstances. Basically, it’s baring parts of your body that the law demands to be covered, including female breasts, the anus and genitals. You can be arrested for indecent exposure if you:
- Publicly breastfeed in areas where this is illegal
- Sunbathe topless (applies to women only)
- Urinate, defecate or masturbate in public
- Expose bare buttocks, also known as “mooning”
- Expose genitals
Even if you think no one can see you such as up in a leafy tree or inside of a car with rolled up windows, you can still be arrested for this crime if you engage in the above enlisted acts because the general public can still see you.
Felony or Misdemeanor?
If arrested, you can be charged with a misdemeanor or a felony. Felony is considered a worse charge than misdemeanor. Even though in Texas indecent exposure is classified as a third-degree felony, any kind of felony charge is worse than a misdemeanor charge. There are many factors that decide whether your charge is labeled a misdemeanor or felony, including:
- Whether any children were present
- If any children present were encouraged to expose themselves
- If the exposure was accompanied by threats
- Level of intoxication at the time of the incident
Do not try to represent yourself in court. Hire a qualified indecent exposure attorney to help best present your case and ensure that you are not charged with anything more severe than you deserve.
If You Get Arrested
If you are arrested, it does not mean that you have been convicted for this charge. Do not resist arrest or threaten the arresting officer because this can hurt your case. Insist on having an indecent exposure lawyer present when you are questioned. This helps protect you from saying anything that may be misconstrued as admission of guilt.
It is up to the state to prove that you knowingly engaged in indecent exposure. This can be very hard to confirm. Keep calm, tell your defense lawyer the truth and let him or her help you get through this challenging time.