Penal Code · §21.08

Indecent Exposure

Indecent Exposure is covered under §21.08 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Sex Offenses" on practice exams.

To prove this offense, the State must establish each of the following elements: Exposes anus or any part of the genitals; With intent to arouse or gratify the sexual desire of any person; Reckless about whether another is present who will be offended or alarmed; Class B misdemeanor.

Elements you must prove

  • Exposes anus or any part of the genitals
  • With intent to arouse or gratify the sexual desire of any person
  • Reckless about whether another is present who will be offended or alarmed
  • Class B misdemeanor

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Worked examples

Worked example 1

Indecent Exposure under §21.08 (exposure to an adult, with intent to arouse/gratify) is what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor Correct
  3. Class A misdemeanor
  4. State jail felony
Why: Indecent Exposure is a Class B misdemeanor. If a child under 17 is involved, the conduct is the more serious Indecency with a Child (§21.11).
Statute: Tex. Penal Code §21.08