Texas A&M receiver Kirk Merritt's attorney Rick Davis cites "a bad case of jock itch" as Merritt's defense for exposing himself to two tutors. Davis's statement to the Chronicle:

"Kirk Merritt has been charged with Indecent Exposure under Section 21.08 of the Texas Penal Code because of two incidents during tutoring sessions that happened on two consecutive days.

While Kirk is very embarrassed about this situation, and has apologized to the two tutors that he offended, he did not intend to gratify anyone by exposing himself. The fact is that Kirk had a bad case of jock itch.

The statute Kirk has been accused of violating requires that the Defendant have an intent to arouse or gratify the sexual desire of any person and that the Defendant is reckless about whether another may be present who will be offended or alarmed by his conduct.

We think that Kirk's conduct falls squarely under the Disorderly Conduct statute, Section 42.01(10) of the Texas Penal Code (which is a Class C misdemeanor). That statute requires only that a Defendant is reckless about whether another may be present who will be offended or alarmed by his act."

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