Indecent Exposure Attorney in Irving

A Charge This Serious Deserves Focused, Personal Defense

A charge under Texas’s sexual offenses chapter isn’t a minor citation. Indecent exposure sits in the same section of the Penal Code as serious sex crimes, and a conviction creates a criminal record that can follow you into job applications, housing screenings, and professional licensing long after the case closes. I’m Erin Kelley, and I represent individuals facing these charges in Irving and the surrounding area. I intentionally carry a smaller caseload so every client gets direct, one-on-one guidance rather than a handoff to a paralegal. Bilingual Spanish-language support is available throughout the process.

If you’ve been charged with indecent exposure in Irving, call me before making any decisions about your case. A free initial consultation is available at (469) 564-3420.

What the State Must Prove Under Texas Penal Code Section 21.08

To convict on an indecent exposure charge, the prosecution must establish two distinct elements. First, that the defendant exposed the anus or any part of the genitals with intent to arouse or gratify the sexual desire of any person. Second, that the defendant was reckless about whether another person present would be offended or alarmed. That recklessness element carries real weight: it requires conscious disregard of a substantial and unjustifiable risk, not simple carelessness or negligence. Both elements must be proved beyond a reasonable doubt.

A first offense is a Class B misdemeanor, carrying up to 180 days in county jail and a fine of up to $2,000. That range matters when you’re deciding how to respond to the charge.

How Prior Convictions Change the Stakes

Penalties escalate with each prior conviction. A second indecent exposure conviction is enhanced to a Class A misdemeanor. Two or more prior convictions can result in a state jail felony charge. Those are significant jumps, and they make the outcome of a first-offense case more consequential than many people initially expect.

Sex offender registration isn’t required on a first indecent exposure conviction. Under Texas Code of Criminal Procedure Article 62.001, registration generally applies only on a second or subsequent conviction. Indecent exposure under Section 21.08 is also legally distinct from indecency with a child under Section 21.11, which is a felony carrying mandatory registration, and from public lewdness under Section 21.07, a Class A misdemeanor. Knowing which statute applies to your situation can directly shape the defense strategy.

How I Approach Indecent Exposure Defense in Irving

Because the consequences of an indecent exposure charge extend well beyond the courtroom, I start with a thorough review of the facts before any plea discussion begins. I keep a smaller caseload by design, so I’m the one working through your case with you. If you prefer to communicate in Spanish, no translator is needed.

One factor that shapes my approach is the office I share with two immigration attorneys. That arrangement gives me direct access to immigration-law perspective when a criminal charge carries potential immigration consequences. For non-citizen clients, accepting a plea on an indecent exposure charge without accounting for that exposure can mean trading a misdemeanor resolution for a deportation risk. I evaluate both dimensions before advising on next steps.

Irving Cases in the Dallas County Criminal Justice System

Cases originating in Irving may be initially processed through the Irving Police Department or a Dallas County facility, with bond hearings typically held before a Dallas County magistrate. Most indecent exposure cases are misdemeanors handled in one of Dallas County’s Criminal Courts, while charges enhanced to a state jail felony move to a Dallas County Criminal District Court. Discovery, pretrial motions, and plea discussions for Irving-area cases are commonly handled at the Frank Crowley Courts Building in Dallas. Understanding that local process, including the court’s practices and timelines, is part of preparing a defense.