Beasley v. State

I respectfully disagree and dissent from the majority opinion. Tex.Penal Code Ann. § 21.08 (Vernon 1994) provides:

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.

*273Factually, shortly before 7:30 p.m. on Friday, September 10, 1993, Complainant, a female, stopped off to have some film developed at an “Eckerd’s” drug store in the 300 block of Sawdust Road. When Complainant got out of her car, she noticed…