Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section;
(2) a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or
(3) a felony of the third degree if the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 822 (H.B. 1730), Sec. 1, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 17.001, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 2, eff. September 1, 2025.
Notes of Decisions
Cited in
120
cases (
10 in the last 5 years), 1976–2025 · leading case:
Ex Parte Amador, 326 S.W.3d 202 (Tex. Crim. App. 2010).
Ex Parte Amador, 326 S.W.3d 202 (Tex. Crim. App. 2010).
· cites it 8× “Indecency with a child by exposure is simply an aggravated version of indecent exposure inasmuch as, while the offense of indecent exposure requires the presence of a person who "will be offended or alarmed" by the defendant's act, see Tex. Pen.Code § 21.08, the offense of…”
Smith v. State, 309 S.W.3d 10 (Tex. Crim. App. 2010).
· cites it 4× “Procedural History Smith was charged by information with indecent exposure under Texas Penal Code Section 21.08, 2 which provides in relevant part: (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual…”
Harris, Owen Thomas, 359 S.W.3d 625 (Tex. Crim. App. 2011).
· cites it 3× “Tex. Penal Code §21.08(a). 18. Wallace v.”
Galliford v. State, 101 S.W.3d 600 (Tex. App. 2003).
· cites it 2× “” Tex. Pen.Code Ann. § 21.08 (Vernon 1994).”
Woodard v. State, 322 S.W.3d 648 (Tex. Crim. App. 2010).
· cites it 2× “See Tex. Penal Code § 21.08. [6] See Tolbert v.”
Yanes v. State, 149 S.W.3d 708 (Tex. App. 2004).
· cites it 2× “Compare Tex. Pen. Code Ann. § 21.08 (West 2003), with Tex.”
Harvey v. State, 135 S.W.3d 712 (Tex. App. 2003).
· cites it 2× “Tex. Penal Code Ann. § 21.08 (Vernon 2008).”
Thompson, Ex Parte Ronald, 442 S.W.3d 325 (Tex. Crim. App. 2014).
“Tex. Penal Code §§ 21.08,21.11. But in those instances, setting aside the culpable mental state, the defendant has committed conduct that is not protected by the First Amendment, and so those statutes do not proscribe constitutionally protected speech coupled with…”
Young v. State, 976 S.W.2d 771 (Tex. App. 1998).
· cites it 4× “A person commits the offense of indecent exposure if "he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.”
Cate v. State, 124 S.W.3d 922 (Tex. App. 2004).
“Tex. Pen.Code Ann. § 21.08(a) (Vernon 2003).”
Tomas Jimenez v. State, 419 S.W.3d 706 (Tex. App. 2013).
· cites it 2× “Tex. Penal Code Ann. § 21.08 (a) (West 2011).”
— Tex. Penal Code § 21.08(a) — 36 cases
Harris, Owen Thomas, 359 S.W.3d 625 (Tex. Crim. App. 2011).
“Tex. Penal Code §21.08(a). 18. Wallace v.”
Ex Parte Amador, 326 S.W.3d 202 (Tex. Crim. App. 2010).
“Indecency with a child by exposure is simply an aggravated version of indecent exposure inasmuch as, while the offense of indecent exposure requires the presence of a person who "will be offended or alarmed" by the defendant's act, see Tex. Pen.Code § 21.08, the offense of…”
Cate v. State, 124 S.W.3d 922 (Tex. App. 2004).
“Tex. Pen.Code Ann. § 21.08(a) (Vernon 2003).”
Harvey v. State, 135 S.W.3d 712 (Tex. App. 2003).
“Tex. Penal Code Ann. § 21.08 (Vernon 2008).”
— Tex. Penal Code § 21.08(b) — 3 cases
Ex Parte Amador, 326 S.W.3d 202 (Tex. Crim. App. 2010).
“Indecency with a child by exposure is simply an aggravated version of indecent exposure inasmuch as, while the offense of indecent exposure requires the presence of a person who "will be offended or alarmed" by the defendant's act, see Tex. Pen.Code § 21.08, the offense of…”
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