Hello all,
Simply put, was indencency with a child by exposure ever a misdemeanor? Specifically back in the 90's? We don't have an old copy of the Penal Code from that far back and I was wondering if someone could help me with a quick answer.

Thanks,

Steve L.

not in the 90's -- it was always a felony 3.

Here is the 1991 statute:

Indecency with a Child

(a) A person commits an offense if, with a child younger than 17 years and not his spouse, whether the child is of the same or opposite sex, he:
(1) engages in sexual contact with the child; or
(2) exposes his anus or any part of his genitals, knowing the child is present, with intent to arouse or gratify the sexual desire of any person.
(b) It is a defense to prosecution under this section that the child was at the time of the alleged offense 14 years or older and had, prior to the time of the alleged offense, engaged promiscuously in:
(1) sexual intercourse;
(2) deviate sexual intercourse;
(3) sexual contact; or
(4) indecent exposure as defined in Subsection (a)(2) of this section.
(c) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than two years older than the victim and of the opposite sex; and
(2) did not use duress, force, or a threat against the victim at the time of the offense.
(d) An offense under Subsection (a)(1) of this section is a felony of the second degree and an offense under Subsection (a)(2) of this section is a felony of the third degree.

It seems to me when I first started as an assistant in the 1980s I prosecuted one as a misdemeanor. Whether it was the choice of the then DA to make it a simple indecent exposure or statute, I don't recall....guess I'm getting forgetfull in my old age.

If you need copies of the old books, we've got them going back to the 70's (at least). Email me at swainj@sbcglobal.net if you need any copies.