711 S.W.2d 240, 245 (Tex.Crim. App.1986). A person commits the offense of indecent exposure if “he exposes his anus or any part of his genitals with the intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another person is present who will be offended or alarmed by his act.” Tex. Pen.Code Ann. § 21.08. The information stated appellant committed the offense “by masturbating his exposed penis in a public place while knowing that someone is present who might be offended or alarmed.” (original emphasis deleted and emphasis added). The State’s charge raised its burden of proof from being reckless about whether another is present to knowing that someone is present. See Leal v. State, 975 S.W.2d 636, 689 (Tex. App. — San Antonio 1998, pet. ref d) (<HOLDING>). Specifically, appellant argues there is no
holding that an allegation as to the time of the offense is not an essential element of the offense charged in the indictment and within reasonable time limits proof of any date before the return of the indictment and within the statute of limitations is sufficient holding that even when a jury instruction is defective such a defect is cured when the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where  the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt  citation omitted recognizing that if any unnecessary language included in an indictment describing an essential element of the crime charged the state must prove the allegation though needlessly pleaded   holding that the trial court reversibly erred when it altered an essential element of the crime charged and broadened the language of the indictment by instructing the jury on the general definition of enterprise for rico conspiracy