Indecent exposure in Texas is a Class B misdemeanor under Texas Penal Code § 21.08, punishable by up to 180 days in jail and a $2,000 fine. A second conviction is a Class A misdemeanor — and if it happens in front of a child under 17, you could face sex offender registration. The charge sounds less serious than it is. It is not.
Varghese Summersett is one of North Texas’s most recognized criminal defense firms, with more than 100 years of combined experience across a team of 70+ legal professionals and four offices — including a team that handles Denton County cases regularly. The firm has secured more than 1,600 dismissals and 800+ charge reductions for clients across Texas.
For Denton County sex crimes and indecent exposure cases specifically, attorney Ashley Feldt brings firsthand insight that most defense lawyers simply do not have. Before joining Varghese Summersett, she served as an Assistant District Attorney in Denton County — meaning she sat on the other side of the table and knows exactly how prosecutors there evaluate and charge these cases. She now uses that knowledge to defend clients facing the same charges.
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What People Ask After an Indecent Exposure Arrest
Most people charged with indecent exposure have never faced a criminal charge before. They are scared, embarrassed, and often unsure whether to take the charge seriously. Here are the questions we hear most often.
Is indecent exposure a sex crime in Texas?
It can be. While a first-offense indecent exposure charge under § 21.08 does not automatically trigger sex offender registration, the circumstances matter enormously. If a child under 17 was present during the alleged exposure, you face a separate charge — indecency with a child by exposure — which is a third-degree felony and does require registration on the sex offender registry. Even on a standard indecent exposure charge, a second conviction requires registration. Do not treat this as a minor offense.
Will this charge appear on my background check?
Yes, unless it is dismissed or sealed. A conviction for indecent exposure is a criminal conviction on your permanent record. Employers, landlords, and licensing boards can see it. If a deferred adjudication is an option and you successfully complete probation, you may be eligible for a nondisclosure order — but that pathway must be explored before you accept any plea deal.
What if the exposure was accidental or misidentified?
Intent is a core element of this offense. The prosecution must prove you acted with the intent to arouse or gratify sexual desire and that you were reckless about the presence of another person. Accidental exposure, a medical episode, or a misidentification by a witness are all potentially valid defenses — and they are exactly the kind of facts a skilled defense attorney will investigate before your case ever gets close to trial.
What the Law Actually Says: Texas Penal Code § 21.08
Under Texas Penal Code § 21.08, a person commits indecent exposure if they expose their anus or any part of their genitals with intent to arouse or gratify the sexual desire of any person, and they are reckless about whether another person is present who would be offended or alarmed by the act.
To convict you, the State must prove every single element beyond a reasonable doubt. That means proving:
- You exposed your anus or any part of your genitals
- You did so with the intent to arouse or gratify sexual desire
- You were reckless about whether another person was present who would be offended or alarmed
The burden of proof rests entirely on the State — not on you. You have no obligation to prove your innocence. If the prosecution cannot establish every element beyond a reasonable doubt, you should not be convicted.
Intent is what separates indecent exposure from a mere embarrassing accident. Without proof of sexual intent, there is no crime. This is a critical pressure point in many of these cases.
Penalties and Consequences in Denton County
The formal punishment range is only part of the picture. Here is what a conviction or plea actually means for your life:
- First offense (Class B misdemeanor): Up to 180 days in the Denton County Jail and a fine up to $2,000
- Second or subsequent offense (Class A misdemeanor): Up to one year in jail and a fine up to $4,000 — plus mandatory sex offender registration
- If a child under 17 was present: The charge escalates to indecency with a child by exposure, a third-degree felony (2–10 years in prison) with mandatory sex offender registration
- Employment consequences: A conviction appears on criminal background checks and can bar you from licensed professions, government employment, and positions working with children
- Immigration consequences: Non-citizens should consult an immigration attorney immediately, as a sex offense conviction can have severe immigration consequences
Bond Amounts for Indecent Exposure in Denton County
If you or someone you love has been arrested, one of the first priorities is getting out of custody so you can work with an attorney while you are free. Here is what bond typically looks like for this charge in Denton County.
Typical Bond Amounts for Indecent Exposure in Denton County
Based on an analysis Varghese Summersett completed of over 12,937 bonds set in Denton County in 2025:
| Charge | Cases Analyzed | Average Bond | Most Common Bond |
|---|---|---|---|
| Indecent Exposure (§ 21.08) | 20 | $12,926.90 | $2,500 |
The gap between the average and the most common bond reflects that a small number of cases with aggravating factors — such as prior convictions or a child victim — drove averages significantly higher. For a standard first-offense indecent exposure charge, bond in Denton County is typically set near $2,500. However, every case is different, and a judge retains discretion to set bond higher based on the defendant’s criminal history, ties to the community, or the specific facts alleged.
If bond has been set and seems unreasonably high, an attorney can request a bond reduction hearing.
Common Defenses to Indecent Exposure in Texas
Every element the State must prove is also an opportunity for the defense. The right defense depends entirely on the facts of your specific case, but here are the most common strategies our attorneys explore.
No intent to arouse or gratify
This is the most powerful defense available. If the exposure was accidental — a wardrobe malfunction, a medical condition, public urination with no sexual component — the State cannot meet its burden on intent. Without intent, there is no crime under § 21.08. Evidence like witness statements, surveillance footage, and the circumstances of the arrest can all help establish the absence of sexual intent.
No recklessness as to another’s presence
The statute also requires that you were reckless about whether another person who might be offended was present. If the exposure occurred in a genuinely private or secluded setting where a reasonable person would not expect an audience, this element may be difficult for the State to prove.
Mistaken identity
Eyewitness identification is one of the most fallible forms of evidence in the criminal justice system. In cases where a stranger reported the incident and police made an arrest based solely on a description, the reliability of that identification is a legitimate and significant challenge.
Constitutional violations
If law enforcement conducted an unlawful search, made an arrest without probable cause, or obtained a statement in violation of your Miranda rights, those constitutional violations can result in evidence being suppressed — sometimes gutting the State’s entire case before trial.
Insufficient evidence
If the only evidence is a single witness’s account with no corroboration, no video, and no physical evidence, the State may simply lack the evidence needed to prove guilt beyond a reasonable doubt. A skilled trial attorney will make the jury understand exactly what that standard means.
The Legal Process: What to Expect After an Arrest in Denton County
Understanding the process helps you make better decisions at each step. Here is how an indecent exposure case typically moves through the Denton County system.
Arrest and magistration
After arrest, you will be taken to the Denton County Jail and magistrated — typically within 24–48 hours — where a judge will formally inform you of the charges and set bond. Do not make any statements to police about what happened. Invoke your right to remain silent and ask for an attorney immediately.
Arraignment and preliminary hearing
You will be formally arraigned in one of the Denton County misdemeanor courts. At this stage, your attorney can begin reviewing the evidence — the police report, witness statements, any video, and the probable cause affidavit used to justify the arrest.
Investigation and pretrial motions
This is where the real defense work happens. Your attorney will scrutinize the evidence, look for constitutional violations, interview witnesses, obtain any available surveillance footage, and evaluate whether a motion to suppress or other pretrial motions are appropriate. The goal is to identify every weakness in the State’s case before any trial date is set.
Negotiation or trial
Many cases resolve through negotiation — sometimes to a reduced charge, deferred adjudication, or outright dismissal when the evidence does not support the charge. If the State will not offer a fair resolution, your case goes to trial before a Denton County jury. The State must prove every element beyond a reasonable doubt. That is a high bar, and experienced trial attorneys know how to hold prosecutors to it.
The related charge you need to know about
If the alleged incident involved a child under 17, you may be facing a charge under Texas Penal Code § 21.11 — indecency with a child by exposure — instead of or in addition to § 21.08. That charge is a third-degree felony and carries mandatory sex offender registration. Learn more about the indecency with a child by exposure charge and what it means for your case.
You can also read more about how indecent exposure differs from public lewdness in Texas — the two charges are often confused but carry meaningfully different consequences.
What to Expect From Varghese Summersett
Facing a sex-related charge is one of the most stressful experiences a person can go through — even when the charge is a misdemeanor. Here is what our Denton County clients can expect from our team.
We answer calls 24 hours a day, 7 days a week. When you reach us, you speak with someone who can actually help. We know the Denton County courts, we know the prosecutors’ office, and we know what it takes to get results in this jurisdiction.
Ashley Feldt is a former Denton County prosecutor who now defends clients there. That prosecutorial background means she understands not just how these cases are charged, but how the office decides which cases to push to trial and which ones to resolve. That institutional knowledge is difficult to replicate — and it shapes strategy from the first day of representation.
We pursue every legitimate avenue. That means filing pretrial motions when warranted, challenging the sufficiency of evidence, exploring diversion or deferred adjudication options to protect your record, and preparing for trial when the State’s offer is not good enough. We have secured more than 1,600 dismissals across the firm — and we approach every case looking for how to get there.
If you want to speak with someone about your case, reach out to us at (940) 252-2220. Consultations are free, confidential, and available around the clock.
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Frequently Asked Questions: Indecent Exposure in Denton County
Can an indecent exposure charge be expunged in Texas?
If your case is dismissed or you are acquitted at trial, you may be eligible for an expunction, which removes the arrest from your record entirely. If you received deferred adjudication and successfully completed probation, you may qualify for a nondisclosure order, which seals the record from most public view. A conviction, however, is generally not eligible for expunction. This is one of the strongest reasons to fight the charge rather than simply plead guilty — even to a misdemeanor.
Does indecent exposure require sex offender registration in Texas?
A first-offense indecent exposure conviction under § 21.08 does not automatically require sex offender registration. However, a second conviction — or any conviction where a child under 17 was present — does. The registration requirement is one of the most severe long-term consequences of this charge and should be a central consideration in how your case is handled.
What is the difference between indecent exposure and public lewdness?
Under Texas law, public lewdness involves engaging in a sexual act in public or in the presence of another — it typically involves conduct beyond mere exposure. Indecent exposure under § 21.08 focuses specifically on the intentional exposure of genitals or the anus. Both are Class A misdemeanors in their most serious forms, but the specific elements differ, and the defense strategy for each charge can vary significantly.
What happens if I just pay the fine and plead guilty?
A guilty plea to indecent exposure is a criminal conviction. It stays on your record. It can appear on background checks. It counts as a prior conviction if you are ever charged again — and a second conviction upgrades the charge to a Class A misdemeanor with mandatory sex offender registration. Before accepting any plea, talk to an attorney about whether a better outcome is available.
How quickly should I hire an attorney after an indecent exposure arrest?
As soon as possible. Evidence can disappear quickly — surveillance footage is often overwritten within days, witnesses’ memories fade, and early intervention by a skilled attorney can sometimes prevent formal charges from ever being filed. Do not wait to see how things develop. The earlier you have an attorney working your case, the more options you have.
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An indecent exposure charge in Denton County is a serious matter that can follow you for years if it is not handled properly. Our team includes a former Denton County prosecutor who understands exactly how these cases are built — and how they can be dismantled. Reach us any time at (940) 252-2220 for a free, confidential consultation.
