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The bill would amend the Penal Code as it relates to the punishment for indecent exposure. Under the provisions of the bill, indecent exposure would be punishable as a misdemeanor or a felony depending on the number of previous convictions a person has on record. A second conviction would elevate the penalty to a Class A misdemeanor and the punishment for someone with two or more prior convictions for the same offense would be punishable by a state jail felony.
Currently, the offense of indecent exposure is punishable as a Class B misdemeanor regardless of the number of prior convictions for the same offense. A Class B misdemeanor is already punishable by up to six months in jail and/or a fine of up to $2.000. While this crime is indeed indecent, there is no reason to elevate it to a state jail felony which carries up to a two year prison sentence. This type of penalty ladder represents a form of overcriminalization.
Unless amended to remove the state jail felony provision, we oppose HB 777.