Indecent exposure is a Texas criminal offense that can arise if you’re alleged to have exposed yourself to another person. However, in order for the state to successfully prosecute a charge of indecent exposure, they must also prove, beyond a reasonable doubt, two other alleged facts. First, under the indecent exposure statute, it must be proven that you exposed yourself with the intention of arousing or gratifying the sexual desire of a person (whether it be you, or someone else).
Second, the indecent exposure statute requires that the state prove that you were reckless as to whether or not another person might be alarmed or offended by your conduct. In other words, the state need not prove that you intended to alarm or offend another by your conduct, or even that you knew that someone might be. Rather, under the Texas indecent exposure statute “recklessness” merely requires that you “knew or should have known” that your conduct could be offensive or alarming.
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