21.8 Instruction—Indecent Exposure of Genitals

LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of indecent exposure.

Relevant Statutes

A person commits the offense of indecent exposure if the person exposes 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.

Definitions

Intent to Arouse or Gratify Sexual Desire

A person acts with intent to arouse or gratify sexual desire if it is the person's conscious objective or desire to gratify sexual desire of any person.

Recklessness About Whether Another Is Present Who Will Be Offended or Alarmed

A person acts with recklessness about whether another who will be offended or alarmed by his act is present if—

1.     there is a substantial and unjustifiable risk that another will be present who will be offended or alarmed by his act;

2.     the risk is of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint; and

3.     the person is aware of but consciously disregards that risk.

Application of Law to Facts

You must determine whether the state has proven, beyond a reasonable doubt, three elements. The elements are that—

1.     the defendant, in [county] County, Texas, on or about [date], exposed part of his genitals;

2.     the defendant did this with intent to arouse or gratify [insert specific allegation from the charging instrument, e.g., his own sexual desire or the sexual desire of [name]]; and

3.     the defendant was reckless about whether another was present who was likely to be offended or alarmed by his act [insert any specific allegation of reckless acts from the charging instrument raised by the evidence, e.g., by exposing himself in daylight in a parking lot already in use inside Memorial Park].

You must all agree on elements 1, 2, and 3 above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of the three elements listed above, you must find the defendant "not guilty."

If you all agree the state has proved, beyond a reasonable doubt, each of the three elements listed above, you must [find the defendant "guilty"/consider whether a defense applies to this case].

[Include defense if raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]