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  • 19 Nov 2013

This is certainly a strange case, one that begins, according to the alleged victim, with her receiving a call from a man who said that he had accepted a UPS package for her, and that she could come over to his house to pick it up. While this leads us to believe that the two were neighbors, and may have been acquainted with one another, the report we read contained no information on that point one way or the other.

In any event, the woman says she did what was requested, went to the suspect’s front door, and rang the bell. No one answered, but she claims the man then called to her from a window in the home. When she turned to look, she observed the man through the window. But he wasn’t holding the package. According to the woman, he was engaging in a sex act in front of the window. The woman reported the matter to the police, and the man was arrested for indecent exposure.

Indecent exposure is a class B misdemeanor, meaning that it is punishable by up to 180 days in jail, a fine of up to $2,000, or both. The offense is defined under section 21.08 of the Texas Penal Code, as exposing one’s genitals or anus with intent to gratify or arouse any person’s sexual desire, and being reckless about whether another person is present who would be offended by the behavior.

Interestingly, this is at least the second arrest in Lacy Lakeview for indecent exposure in the past five weeks. That would appear somewhat unusual in a city of only about 6,000 people. In October, a man was arrested for exposing himself to employees of a fast food restaurant in a Lacy Lakeview parking lot on multiple occasions.

It may come as a surprise to some people that a single conviction for indecent exposure does not trigger mandatory registration under the Texas Sex Offender Registration Program. A second conviction under PC 21.08, however, will bring the defendant within the requirements of the program, unless the second conviction results in deferred adjudication.

Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737

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(512) 369-3737
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