Texas Laws on Indecent Exposure: When Does It Become a Crime?

 Posted on July 18, 2025 in Criminal Defense

While not all inappropriate behavior or even public nudity results in criminal charges, in Texas, certain acts can quickly cross the legal line into indecent exposure. Although indecent exposure could stem from a prank taken too far, or even a misunderstanding, if you have been charged with indecent exposure, it is no laughing matter. A conviction for indecent exposure can have serious consequences, including, in some cases, mandated sex offender registration.

So, when does a moment of poor judgment become a criminal act? Under Texas Penal Code Section 21.08, the key legal elements of indecent exposure include the exposure of one’s genitals with the intent to arouse or gratify sexual desire. The law also requires that another person witnessed the exposure and found it offensive or alarming. A Plano, TX criminal defense attorney can build a strong defense on your behalf to avoid a conviction that could adversely affect the rest of your life.

Situations That Can Lead to Charges of Indecent Exposure

There are many situations that can potentially result in indecent exposure charges, including:

•  "Flashing" someone else (even as a joke)
• Streaking in a public area
• Reckless or intoxicated behaviors in public places
• Urinating in public
• "Skinny-dipping" in a public area
•  Misunderstandings during consensual acts

While some of these acts may rise to the level of indecent exposure (depending on the intent of the defendant), others could have no intent to arouse or gratify. An elderly man with prostate problems might urinate in a public place, thinking nobody was nearby to see him. In this instance, there is no intent to arouse or sexually gratify, merely a need to urinate with no available bathroom. High school students have been "flashing" or "mooning" others for decades as a joke or a prank. Again, this behavior rarely has an intent to arouse or gratify.

What Are Potential Punishments for a Conviction of Indecent Exposure?

The role of witnesses to the behavior and the reactions of those witnesses will often determine whether indecent exposure charges are filed. There is definitely a difference between lewd behavior and accidental exposure, and there is a difference between a teenage prank and lewd behavior. If there was no clear intent to sexually arouse or gratify, then an experienced criminal defense attorney could potentially have the charges lowered to disorderly conduct by exposure, which is a Class C misdemeanor, with penalties of up to a $500 fine.

Disorderly conduct by exposure focuses on the exposure and recklessness rather than sexual intent. If intent to sexually arouse or gratify can be shown, the penalties become much more serious. A first offense for indecent exposure is usually charged as a Class B misdemeanor, with penalties of up to 180 days in jail and a maximum fine of $2,000.

Repeat offenses or offenses with aggravating factors can be charged as a Class A misdemeanor, carrying penalties of up to one year in jail and a maximum fine of $4,000.  An individual with two or more prior convictions for indecent exposure or one who is civilly committed as a sexually violent predator could be charged with a third-degree felony, resulting in two to 10 years in prison. A second or subsequent conviction for indecent exposure could require sex offender registration for 10 years.

Contact a Collin County, TX Sex Crimes Lawyer

While indecent exposure could seem like a minor offense, a conviction for this crime can follow you for years, even landing you on the sex offender registry. In turn, this can affect your employment opportunities, housing, educational opportunities, professional licensing, and more. Do not leave your future to chance. A highly skilled Plano, TX sex crimes lawyer from The Crowder Law Firm, P.C. can immediately begin building a defense on your behalf, fighting for the best possible outcome.  

Attorney Crowder has extensive experience defending the most serious crimes, including federal crimes and child sex crimes. She is super knowledgeable and aggressive, and her firm has secured more than 300 not-guilty verdicts and acquittals for clients. To schedule your free consultation, call 214-544-0061.