At Hernández Dauphin Legal, P.C., we defend clients against indecent exposure charges in San Antonio and throughout Bexar County. Juan Carlos Hernández and Christine Dauphin Hernández bring 40 years of combined criminal defense experience to each case, and both have served as judges in local courts. Juan Carlos served as a Criminal District Court Magistrate Judge in Bexar County; Christine served as a City of San Antonio Municipal Court and Criminal Magistrate Judge from 2008 through 2020. That bench experience gives our firm firsthand knowledge of how local courts evaluate these cases and what prosecutors must establish at trial.
Christine’s background as a former prosecutor adds another layer: she knows how the Bexar County District Attorney’s Office builds its cases, which shapes how we challenge them. An indecent exposure charge carries real consequences beyond the courtroom, including potential jail time, fines, damage to employment prospects, and in some circumstances sex offender registration. Charges don’t guarantee a conviction. The prosecution bears the burden of proving every element beyond a reasonable doubt, and our job is to hold them to that standard. We provide bilingual representation in English and Spanish.
To discuss your case with an indecent exposure attorney in San Antonio, call (210) 970-7019 for a free case evaluation.
What Qualifies as Indecent Exposure in Texas?
Under Texas Penal Code Section 21.08, the prosecution must prove three elements to secure a conviction. First, the defendant must have exposed their anus or any part of their genitals. Second, the exposure must have been done with intent to arouse or gratify the sexual desire of any person. Third, the defendant must have been reckless about whether another person was present who would be offended or alarmed.
The recklessness standard is specific: the person was aware of but consciously disregarded a substantial and unjustifiable risk that another was present. That assessment is made from the defendant’s subjective standpoint at the time, not from how things appeared to an observer afterward. Critically, the statute doesn’t require the state to prove the exposure was directed at any particular person. It requires only that the defendant acted with the intent to arouse or gratify sexual desire.
Common scenarios that give rise to these charges include public urination, streaking, flashing, and mooning. Acts without lewd intent don’t meet the legal threshold. Public breastfeeding, nude sunbathing in a permitted area, and inadvertent exposure are not indecent exposure under Texas law.
Baseline penalties and enhancements:
- First offense: Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000
- One prior indecent exposure conviction: Charge can be enhanced to a Class A misdemeanor
- Two or more prior indecent exposure convictions: Charge can be enhanced to a state jail felony
How Bexar County Courts Handle These Cases
The Bexar County District Attorney’s Office actively prosecutes indecent exposure and public decency charges. Our familiarity with local courts goes beyond legal training. Juan Carlos’s tenure as a Bexar County Criminal District Court Magistrate Judge and Christine’s service on the San Antonio Municipal Court bench through 2020 mean we understand how these cases actually move through the local system, including how judges weigh the evidence prosecutors present.
A conviction, or even an arrest, can affect employment background checks, professional licensing, housing applications, and personal relationships in the San Antonio community. Misidentification and contextual misinterpretation are documented fact patterns in these cases, particularly in crowded public spaces. The details of your specific circumstances matter, and we take the time to investigate them thoroughly.
Frequently Asked Questions
What Are the Potential Consequences of an Indecent Exposure Charge in Texas?
A first offense is a Class B misdemeanor, carrying up to 180 days in county jail and a fine of up to $2,000. One prior conviction elevates the charge to a Class A misdemeanor; two or more prior convictions elevate it to a state jail felony. A first offense does not trigger sex offender registration. A second conviction, not including deferred adjudication, triggers a 10-year sex offender registration requirement. That 10-year period begins at the conclusion of release from custody, discharge from community supervision, or dismissal and release, whichever occurs last.
How Can Legal Representation Help With Indecent Exposure Allegations?
An attorney can challenge whether the prosecution can prove all three statutory elements under Texas Penal Code Section 21.08, identify weaknesses in witness identification or evidence handling, and negotiate with the Bexar County District Attorney’s Office for reduced charges or alternative dispositions such as record sealing. Our team guides clients through each stage of the Bexar County court process so you understand your options at every step.
Contact an Indecent Exposure Lawyer in San Antonio
If you’re facing an indecent exposure charge, acting early can give your defense a stronger foundation. A free consultation with Hernández Dauphin Legal, P.C. can give you a clear picture of what you’re facing and how we can approach your case. We serve clients throughout San Antonio and Bexar County and provide representation in both English and Spanish.
Call (210) 970-7019 or reach us through our online contact form to schedule your free consultation.
Defense Strategies for Indecent Exposure Cases in San Antonio
A charge under Texas Penal Code Section 21.08 requires the state to prove three distinct elements. When any one of them can’t be established beyond a reasonable doubt, the prosecution’s case fails. Our approach begins with a thorough investigation of every circumstance surrounding the arrest, looking for details that challenge the state’s narrative.
Juan Carlos’s background as a former police officer informs how we examine police procedure and evidence handling. Christine’s prosecutorial experience tells us how the state builds its case and where the gaps tend to appear. We don’t rush cases. Thorough preparation is central to how we work, and we draw on expert witnesses when the defense calls for it.
Defense approaches we evaluate in indecent exposure cases include:
- Lack of intent: If the act was accidental or lacked the required intent to arouse or gratify sexual desire, the prosecution can’t satisfy a key element of the offense
- Mistaken identity: Eyewitness identification errors are well-documented in these cases; we can challenge photo arrays, witness credibility, and the reliability of out-of-court identifications
- Insufficient evidence: Gaps, inconsistencies, or procedural errors in evidence collection can undermine the state’s ability to prove all three statutory elements beyond a reasonable doubt
- No awareness of risk: The recklessness element requires the state to show the defendant was aware of a substantial and unjustifiable risk that another person was present who would be offended; evidence showing no such awareness can defeat this element
- Motion to quash: When the charging instrument doesn’t sufficiently allege the recklessness element required by the statute, the charge itself can be challenged before trial
When Indecent Exposure Becomes a More Serious Charge
If a child was present during an alleged exposure, the charge may no longer fall under Texas Penal Code Section 21.08. The state may instead pursue indecency with a child by exposure, a separate offense with significantly more severe consequences.
Under Texas Penal Code Section 21.11, indecency with a child by exposure is a third-degree felony carrying a prison range of two to 10 years, plus fines of up to $10,000. A conviction can trigger mandatory lifetime sex offender registration. Critically, the statute requires only that the child was present, not that the exposure was directed at the child. As of September 2017, deferred adjudication is no longer available to defendants charged with this offense in Texas.
The charge classification, available defenses, and potential penalties differ significantly from a standard indecent exposure case. Anyone facing allegations involving a minor should seek legal counsel immediately. Call (210) 970-7019 to speak with our team at Hernández Dauphin Legal, P.C..