Georgetown Indecent Exposure Lawyer

An allegation can begin with an investigation, an arrest, or another person’s interpretation of a brief encounter. It may put your reputation at risk and leave you uncertain about the charge and what happens next. We assess the alleged conduct, sexual intent, and surrounding circumstances before developing a defense strategy.

What you say during an investigation can affect your case. Before discussing the facts with investigators or making decisions about a filed charge, get advice based on your specific situation.

What Texas Penal Code Section 21.08 Requires

Texas Penal Code Section 21.08 defines indecent exposure through three connected elements. The prosecution must prove that a person exposed the anus or any part of the genitals, intended to arouse or gratify the sexual desire of any person, and was reckless about whether another person was present who would be offended or alarmed.

Recklessness means the accused was aware of a substantial and unjustifiable risk but consciously disregarded it. Nudity alone doesn’t establish every required element. The evidence must support the alleged exposure, the required sexual intent, and the accused person’s awareness that someone might be present and offended or alarmed.

How Prior Section 21.08 Convictions Can Raise the Offense Level

The offense is generally a Class B misdemeanor when the accused has no prior conviction under Section 21.08. Repeat convictions can increase the classification and potential punishment.

Texas law establishes the following punishment ranges:

• Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000.
• Class A misdemeanor: Up to one year in jail and a fine of up to $4,000 when the person has one prior conviction under Section 21.08.
• State jail felony: Between 180 days and two years in a state jail facility and a fine of up to $10,000 when the person has two or more prior convictions under Section 21.08.

Potential consequences depend on the charged conduct, prior convictions, available evidence, and other legally relevant circumstances. We review the charging instrument and criminal history rather than assuming the alleged offense level is correct.

Former Prosecutors Serving Georgetown & Williamson County

James C. Winters spent almost 10 years as a misdemeanor and felony prosecutor in Travis County and a felony prosecutor in Bell County. Veronica Chidester served in the Texas Attorney General’s Office and the Travis County Attorney’s and District Attorney’s Offices, including as a chief misdemeanor and family violence prosecutor.

That background helps us assess how the state may interpret witness accounts, alleged intent, and disputed conduct. James Winters and Veronica Chidester developed their partnership as a trial team and have tried cases together. We represent clients in misdemeanor and felony matters in state and federal court, including sex-crime cases, and prepare each case for negotiation or trial.

How We Prepare Your Defense

Our preparation begins with the prosecution’s allegations and the evidence offered to support each statutory element. Depending on the case, we may review police reports and witness statements, digital evidence, and the physical setting and timeline of the alleged incident.

We compare accounts, reconstruct the sequence of events, and test each element against the available evidence. A defense may focus on accidental exposure, mistaken identity, or inconsistencies between witness accounts and objective evidence. The appropriate strategy depends on the individual facts.