Indecent exposure is defined under the Texas Penal Code, Title 5, Chapter 21, Section 21.08.

“A person commits the offense of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, they expose their anus or any part of their genitals with recklessness about whether another is present who will be offended or alarmed by the act.”

A person is only guilty of this act if they carry out the behavior with the "purpose to stimulate or satisfy the sexual craving of any individual." Without such intent, this violation doesn't hold (though other allegations might). Given that indecent exposure hinges on the intent to arouse, if an attorney can demonstrate the absence of such intent, they can effectively argue that no crime was committed.

In Texas, a first-time indecent exposure violation doesn't mandate sex offender registration. However, if you receive a second conviction or subsequent offense, the individual might have to register as a sex offender in Texas.

When a prosecutor looks at these kinds of cases, they want to know what is going on in the defendant’s life to determine how to prosecute the case. Prosecutors use a defendant’s criminal, drug, and alcohol history to determine how concerned they should be about the behavior.

Indecent exposure is a Class B misdemeanor which could result in no more than 180 days in jail and up to a $2,000 fine. Although indecent exposure is classified as a misdemeanor, if the action takes place in front of a child under 17 years of age, it can escalate to "indecency with a child by exposure", which is a felony charge.