Gender blending, going from male to female when are you considered no longer a legal male?

Say you have a person going from male to female, he/she has most of the work done, the Adam’s apple and jaw line shaved, hair lasered away, hormone regiment, implants but the Robert Earl is still intact. If he/she was with male cousins at the beach and took his/her top off with the rest of the “fella” to sun could he/she be dinged for indecent exposure if his/her drivers license still says male because the fake boobs are showing? And if he/she were arrested would he/she be placed with male or female inmates seeing the penis has not been removed and is still there and functioning even if slightly?