Texas is backward in many spots and has been remarkably backward in the past. I remember that a joint of pot would net a 20 year sentence. It was once statute, not just the way that it worked out, that a man could legally shoot two people dead, if he caught them in bed together, one being his wife. I assume that both laws are past, but it does show where things have come from and how there could be holdouts. Notable are some of the actions of some popular legislators and the gerrymandering that has been publicized the last several years. Then, there is the anti-abortion manipulations than are used to get around the Federal c constitution. Not an opinion on abortion, but to point out the disrespect for law that doesn't suit local sensibilities. Procecuters are not supposed to just make stuff up. They are to enforce law.
This is State Law:Penal Code Title 9, Section 42.01 Disorderly conduct: public nudity.
(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.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence;
...
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(
, in which event it is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003.
Penal Code Title 9, §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.
I don't see how law was broken. It was an officer, not a citizen offended and binoculars were necessary. It adds a record of offense that can be used against of Safebare, if any future incidents were to happen.
Did you have any legal representation? It sounds kind of roughshod, the way that you were treated.
Jbee