Public Urination Charge, No Exposure

[needlegalsupport]

My question involves criminal law for the state of: Texas

While walking with a friend, my son relieved himself in a field off a main road. My son was "not seen" but his stream from urination was. He had a long thermal coat covering his person, an officer saw him, called to another office who pulled up to him and charged him with a VCO Exposure. After the officer gave my son a ticket he stated "this was an arrest and release", I did notice on the bottom of the ticket where a check box was made in the ARREST box and not CITATION box.

I don't understand how without exposing himself he can be charged with exposure and the possibility of having a "Sexual Offender" title FOREVER! Please help me to understand how this whole process works and how something so minor, granted not a good decision or in good taste, be such a drastic situation. I have contacted an attorney, however I would like to get additional information while waiting. He did go to the courts and file a not guilty and has a court date mid April.

Thank you for any assistance!

[jk]

do you have the actual statute section number he is charged with?

[needlegalsupport]

No I don't. On the "ticket" it just stated VCO / Exposure

[PandorasBox]

I think it is this way....

He whipped it out in public. Period. When ya gotta go, it's time to find a bathroom. While no one saw his unit, they saw the stream from his unit.....

[Disagreeable]

Two laws come to mind. Based on your assertion, he met the reckless part, however, no one saw him expose anything. I would get a lawyer and plead not guilty. I am assuming VCO means the officer claims he had Visual Contact w Officer. I would not have him testify.

http://law.onecle.com/texas/penal/21.08.00.html

§ 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.

or

http://www.statutes.legis.state.tx.u.../htm/PE.42.htm

Sec. 42.01. DISORDERLY CONDUCT (a) A person commits an offense if he intentionally or knowingly:

(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

[L-1]

VCO usually stands for Violation of City Ordinance, so I suspect you son was not charged with a state sex crime but a city ordinance violation.

Can you redact any personal and identifying information from the citation and post it here? It might help to give you a better response.

[jk]

L-1 is probably correct. Often times local ordinances mirror state ordinances. It is cheaper than trying to come up with their own. Here is the state statute for indecent exposure:

§ 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.

sorry but he is not guilty of that crime (based on your explanation) as I see it. It requires an intent to arouse or gratify his sexual desire AND reckless disregard for others. If he intentionally shielded himself from others, it just doesn't meet the requirements of the statute.