In some cases, indecency with a child is a lesser-included offense of aggravated sexual assault of a child when both offenses are predicated on the same act. These laws are especially designed to shield children from becoming the victims of sexual offenses. Have you been charged with indecent exposure in Texas? These exemptions are clearly defined, however, and must be satisfied precisely for a person to avoid being charged with indecency with a child in Texas. 16(b), eff. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. I share real stories about family life and travel, as well as plenty of auto and tech talk. Don and Amanda will fight for you and guide you through the process. 1, eff. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. Of course, theyll deny it. Acts 2015, 84th Leg., R.S., Ch. (2) "Sexual conduct" has the meaning assigned by Section 43.25. Acts 1973, 63rd Leg., p. 883, ch. Indecency with a child by exposure is a third-degree felony in the state of Texas. Because, often the district attorney only has the statement of a child (called a One Witness Rule Case), and no other evidence for proof. If you are looking to fight these accusations and get your life back on track contact our expert team today by dialing 214-982-1408. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 If your crime is exposure: Fine of up to $10,000. SEXUAL COERCION. 21.11. Texas state law infers intention of either of these categories from the offenders conduct. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. In Texas, the age of consent is 17 or older. Texas laws involving sex acts and children can bring very harsh punishments. If you choose to submit yourself to an investigation without, The investigator asks, Have you ever given your child lotion for a diaper rash?, They now twist your words, and ask in an intimidating tone, So you touched your childs genitals?, Of course, you did, but for hygiene purposes. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. Are you currently wondering what should you do if falsely accused of child molestation in Texas? For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. Thats what Don Flanary and his law firm associates are and more. Law Firm Online Marketing by SEO Advantage, Inc. What is the Penalty for Indecency with a Child in Texas? 399, Sec. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. September 1, 2017. Sec. 375), Sec. A child under the age of 17 (so that is a 16 year old or below) cannot consent to any sexual acts with an adult, except under a few narrowly defined exceptions. Child Protective Services and anyone involved in the For me, its about living the daddy dream life. (a) A person commits an offense if the person knowingly: (1) engages in an act involving contact between: (A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or. Learn all about the legal process and your legal rights. What should I do if my spouse calls the police on me? 1, eff. The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. Jan. 1, 1974. Improper Teacher-Student Relationships Are On the Rise in, Sentencing and Penalty Guidelines for White-Collar Crimes, No Time Limit in Texas for Charge of Sexual Assault of a, inappropriate relationship with a student, Sexual Assault of a Child (Statutory Rape). Great office staff and assistants. Acts 2019, 86th Leg., R.S., Ch. Assault-Family Member | Domestic Violence. If you or a family member in Montgomery County, Harris County or Fort Bend County faces such a claim, contact an experienced Houston child sex crime defense lawyer today. the defendant exposes his anus or any part of his genitals, knowing the child is present or causes the child to expose the childs anus or any part of the childs genitals; the defendant acted with the intent to arouse or gratify the sexual desire of any person; the child is younger than seventeen (17) years; and, not more than three years older than the victim, if any, and, did not use duress, force, or a threat against the victim at the time of the offense, if any, and, at the time of the offense was not required to register for life as a sex offender under Chapter 62 of the Code of Criminal Procedure, or. , which discusses the crime of indecency with a child. Can I drop assault charges against my partner? 1354 (H.B. Board Certified, Criminal Law Texas Board of Legal Specialization. 549), Sec. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. If the victim was under six years old at the time of the crime, or the victim was under age 14 and serious bodily harm was caused or there was an attempt to cause death, the minimum prison sentence is 25 years. Fortunately, there are defenses available to those accused of sex crimes in Texas. The victim must be 17 years old or younger. Children are innocent and would never lie like this. Acts 2017, 85th Leg., R.S., Ch. Texas state law defines indecency with a child as engaging in any kind of sexual conduct with a child that is 17 years of age or younger. Call (281) 524-2407 to speak to a lawyer today. 21.18. September 1, 2017. (f) It is an affirmative defense to prosecution under Subsection (b) or (d) that: (1) the disclosure or promotion is made in the course of: (A) lawful and common practices of law enforcement or medical treatment; (C) a legal proceeding, if the disclosure or promotion is permitted or required by law; (2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of: (B) the person engaging in sexual conduct; or. Indecency with a child in Texas can involve even touching over the clothes. Communicate the entire event and circumstances. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. increasing citizen access. Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). September 1, 2015. Any statement can incriminate you, so staying silent is your best option. (g) An offense under this section is a state jail felony. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. A conviction of this nature often means prison time and getting your name on the sex offender registry. I lost ", He doesn't give up, no matter what you're up against. To prove the criminal offense of indecency with a child, the State does not have to prove that the defendant knew the victim was younger than 17. While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including: A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." We Represent Those Accused of Indecency with a Child by Exposure, At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. (a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's: (2) act of deviate sexual intercourse; or. 24.001(35), eff. SUGGESTED: Judge sets $1 bond for 43-year-old repeat offender accused of kidnapping, beating woman Investigators say they heard an outcry from the victim and learned 1 (S.B. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. Given how steep the penalties are for a conviction of indecency with a child, you need to have an experienced defense attorney representing you. If the accused person was not more than three years older than the victim and of the opposite sex, this could be a viable defense against indecency with a child charges. 23, eff. 2009). 3, eff. 955 (S.B. And its a common-sense reaction. Second, you should get an attorney immediately. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. 761 (H.B. 2023 Neal Davis Law Firm, PLLC. This offense can involve causing the child to engage in sexual conduct. September 1, 2017. What do I do? 739 (S.B. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. September 1, 2017. The Dallas Cowboys have five Super Bowl championships. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. We look forward to hearing from you! An honest conversation on the entire statement gives you a good start. Some of the most common defenses employed by the Law Office of Nathaniel Pitoniak to defend against indecency with a child by exposure include, but are not limited to the following: When defending any charge involving indecency with a child, it is essential to seek assistance from an attorney who has proven experience in that area of law. If the evidence does not work in your favor, you can still have your lawyer argue down the charges against you, if possible, and show that you do not deserve to spend years in jail. 1232), Sec. Acts 2017, 85th Leg., R.S., Ch. Texas uses two categories for indecency with a child. 593 (H.B. People who indulge in such acts deserve the harshest penalties. Sex crimes involving children are among the most serious crimes. September 1, 2021. You need to have sound legal counsel on your side so you dont fall into this trap. 246), Sec. 29), Sec. (b-1) It is an affirmative defense to prosecution under this section that: (1) the actor was the spouse of the enrolled person at the time of the offense; or. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. 1028, Sec. If you were charged with the felony offense of idecency with a child by conduct or exposure then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX. If you're looking for an attorney, then look no further! 631 (H.B. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. 7), Sec. Amended by Acts 1979, 66th Leg., p. 373, ch. September 1, 2019. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. Here are some insights on dealing with a false accusation for indecency with a child. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Sec. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. (g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. It involves any touching by the accused under, through and over clothing of the victims anus, breast or any part of the victims genitals for the arousal or Amended by Acts 1983, 68th Leg., p. 509, ch. Original Source: Through social Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. It often happens in public restrooms where people share space with young children. 306 (H.B. The charge of Indecency of a child is a felony. What Does Indecency with a Child by Exposure Mean? (b) An offense under this section is a Class B misdemeanor. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. Acts 2017, 85th Leg., R.S., Ch. 7, 2021). Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. INDECENT EXPOSURE. Acts 2007, 80th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Call (210) 934-4774for a free and confidential consultation to discuss your case today. (b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: (2) an act involving sexual conduct causing arousal or gratification; or. Which Behaviors Are Considered Child Abuse Under Texas Law? Sec. (c) An offense under this section is a Class C misdemeanor. The use of this form does not establish an attorney-client relationship. If youre or a loved-one were accused of child It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. Acts 2007, 80th Leg., R.S., Ch. If your crime consists of touching: Lifetime sex offender registry. What should I do if I have been falsely accused of domestic violence? There are many reasons why a witness would make false accusations. 1, eff. The US Department of Justice announced its decision to not seek Having people who trust you and support you enables you to cope better. If, at the time of the offense, the accused person was not a registered sex offender or had a reportable conviction or adjudication for a sexual offense, the penalties associated with the crime may be lessened. The more evidence you have, the better are the chances of clearing your name and getting out clean. Google My Business Page. (b) An offense under this section is a felony of the second degree. 458, Sec. 858 (H.B. Underage Sexting Scams: How They Work and What to Do If You are a Victim, Ways of Handling Threats Against a School, Prostitution is Not a Felony in the State of Texas. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. The elements of the crime include: If the breast of a female or the anus or genitals of anyone is touched, there is no crime unless the touching was done with the intent to arouse or gratify some persons sexual desire. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. 852 (S.B. Indecency with a child through sexual contact is a second-degree felony offense. The state will move forward with the case, even if the person who accused you attempts to recant or wants to drop the domestic violence charges that have been filed against you. 1, eff. (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method. September 1, 2015. Amended by Acts 1981, 67th Leg., p. 472, ch. (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. There is the also the offense of continuous sexual abuse of a child.. 1808), Sec. (2) "Sexual contact" means, except as provided by Section 21.11 or 21.12, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 1, eff. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. The information on this website is for general information purposes only. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. September 1, 2019. You also may spend two to 10 years in prison. Alternatively, one must have caused a child who is 17 years of age and younger to expose any part of their genitals or anus for the sole purpose of the adult becoming sexually aroused or gratifying their own sexual desire. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from What Makes a Child Pornography Charge a Federal Case? 917 Franklin St. Ste 510, Without going into too much detail about what I was being accused of, my case was a life changing one. 549), Sec. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or. The term spouse means a person who is legally married to another. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. I have a warrant for my arrest in Harris County. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. (B) information or material provided by a third party in response to the disclosure of the visual material. (b) An offense under this section is a Class C misdemeanor. (c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits: (2) an act involving sexual conduct causing arousal or gratification. 1804), Sec. It involves any touching by the accused under, through and over clothing of the victims anus, breast or any part of the victims genitals for the arousal or gratification of the accused persons sexual desire. 2, eff. If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. Sept. 1, 2001. We do want true criminals brought to justice. It is natural to feel stressed and unhappy when facing such serious allegations. Remember that you should not give a statement to the police without speaking to the lawyer first. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. (B) the penetration of the genitals or the anus of another person with an object. By Michael Williams. You do not have JavaScript enabled. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. 202, Sec. The crime of sexual assault against a child is committed if an individual knowingly: Causes penetration of a childs sexual organ or anus by any means; Causes penetration of the mouth of a child with his or her sexual organ; or. But below that age, a child isnt deemed wise enough to offer consent to sex, and thus consent isnt a factor. 900, Sec. (d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person. That is, the offender can meet the required criteria for exposing himself or herself to the victim or having the victim expose himself or herself to the offender without either ever having physical contact with each other. 2, eff. 260 (H.B. 676 (H.B. 1.02, eff. Child sexually assaulted for 4 years in north Houston, authorities say Man wanted for sexually abusing 2 kids for more than a year, HPD says Man wanted, accused of 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. Learn how a criminal defense attorney can help your case. How do we know you touched your child for hygiene purposes?. Sept. 1, 2001. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: In addition to jail time and financial penalties, a person convicted of indecency with a child may be required to register as a sex offender for the duration of their life. (d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense. The testimony of eyewitnesses can be an important facet of a case, making it incredibly important to evaluate the validity of all witnesses involved in the case. McKinney, TX 75070. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. 21.11(b), it is anaffirmative defense to prosecution for this offense that the actor was: The burden of proof regarding this affirmative defense rests upon the defendant, and to establish the such defense, the defendant must prove it by a preponderance of the evidence. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Even better, get some witnesses to vouch for your good conduct or relationship with the child. This offense requires that the victim be 17 years of age or younger. 772 (H.B. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. 21.17. 2, eff. Home > Blog > Understanding Texas Law: Indecency With a Child. The elements of the offense include: UnderPenal Code, Sec. Acts 2017, 85th Leg., R.S., Ch. Confidential or time-sensitive information should not be sent through this form. A Texas man accused of killing 23 people in a racist attack at a Walmart store in El Paso will not face the death penalty if convicted, federal prosecutors have announced.. Patrick Crusius has been charged with 90 counts under federal hate crime laws and is set to face trial for the killings in January 2024. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and, (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. Many people assume that there is no way to effectively handle these accusations to improve their outcome. Join thousands of people who receive monthly site updates. Results noted are not predictive of future results. Sentencing for a Sexual Assault Against a Child Conviction Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal (f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim. Acts 2021, 87th Leg., R.S., Ch. What Happens If I Am Accused of Human Trafficking. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. Exposure, touching and those who expose a childs private areas for self, sexual gratification are all subject to the State of Texas charging these acts as a crime. Sept. 1, 2003. June 18, 2015. Essentially, the offense may occur in two forms- by contact and by exposure. 848 (H.B. September 1, 2017. Perhaps you heard or read in the news that a high school teacher was arrested and charged with indecency with a child. I highly recommend him. Conviction of aggravated sexual assault of a child under 6 can bring a punishment of at least 25 years in prison or life in prison with no chance of parole and a $10,000 fine. During his speech, the senator mentioned Hunter Biden's laptop when he criticized September 1, 2017. But many times, the legal system has no intention of being fair. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. I found the Flanary Law Firm while searching for legal help for my son. 2, eff. 31, eff. For more information or to s. Get in touch and we'll get back to you as soon as we can. I have read and understand the Disclaimer and Privacy Policy. 8), Sec. Acts 1973, 63rd Leg., p. 883, ch. In addition, Texas has no statute of limitations restricting the time in which a person can be charged with the crime of indecency with a child. They are a threat to morality and society as a whole because young children cannot protect themselves. Jan. 1, 1974. 1.01, eff. 96, Sec. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Updated on August 23, 2022. All rights reserved. Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. What should I do if I have been falsely accused of a sex crime? In fact, theyll use what you say against you in court! 610 (H.B. Its vital to explore the evidence and get to the heart of the matter. (3) a monetary benefit or other benefit of value. 1038 (H.B. Texas punishment for aggravated sexual assault of a child under 14 is a prison sentence of at least 5 years and up to 99 yearsin effect, life in prisonand a fine of as much as $10,000. QM25+5P South Central Houston, Houston, TX (2) in connection with the threatened disclosure. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: An essential aspect of this crime is intent, meaning that a person must engage in these acts with the goal of sexual gratification or arousal. 739, Sec. Acts 2007, 80th Leg., R.S., Ch. Notably the jury does not have to agree on September 1, 2021. 1.17, eff. 1610), Sec. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. (2) conduct an investigation of the accusation. The lady, Sara Soto, met and hung out with Fred, his boyfriend, and family drinking alcohol until 4 a.m. 47 year old Fred Guerra Martinez from San Antonio falsely imprisoned for Indecency of Jan. 1, 1974. Due to the heinous nature of child sexual abuse, many people accused of these crimes are treated as if an accusation alone proves their guilt. (4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through: (A) any accompanying or subsequent information or material related to the visual material; or. 21.02. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. SUGGESTED: Judge sets $1 bond for 43-year-old repeat offender accused of kidnapping, beating woman Investigators say they heard an outcry from the victim and learned 36-year-old Carlos Ortiz-Mena sexually assaulted them. 4115 Canal St 1232), Sec. (2) voluntarily transmitted the visual material to the actor. Mandatory sex offender registry upon release. Indecency with a child through exposure is a third-degree felony punishable by a fine of up to $10,000 and up to 10 years of incarceration. Absent this intent, the accusations may not hold up in a court. If you were charged with the serious criminal offense of indecency with a child by conduct or exposure, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. September 1, 2011. Its easy to make a claim, even if it isnt true, and teachers who are accused of having an inappropriate relationship with a student arent always guilty. The crime of indecency with a child by exposure is punishable by a third degree felony. Nathaniel went above and beyond for me. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. They think, No one accused of child molestation admits to it. These charges can threaten ones employment, housing, and reputation. (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or. If you think that someone is trying to frame you, share the suspicion with your loved ones. (b) An offense under this section is a Class A misdemeanor. To The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. These punishments can take a grave toll not only on your reputation but also your freedom and future. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. (B) the person's anus or genitals and the mouth of the animal; (2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing; (3) causes an animal to contact the seminal fluid of the person; (4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice; (5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4); (6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4); (7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4); (8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control; (9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or. You are truly s, "My perfect weekend is going for a walk with my fa, Over the past few years Ive got into wood worki, These are some of my favorite features of the @Toy, Protect Yourself This Holiday Season with a Fellowes Shredder, Brighten Up Your Man Cave with Philips Bright Ideas, I Hate the Challanges of Protecting my Family From Internet Hackers Bitdefender, How to Support a Car Accident Victim in Your Family, Personal Injury Claims: Important Steps You Should Take. Added by Acts 2001, 77th Leg., ch. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. They are a threat to morality Sept. 1, 1994. In addition, 1, eff. 1, eff. Further, Texas state law considers both categories, The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. When you have to rely solely on the judgment of 12 strangers, going through the judicial process can be a stressful and terrifying experience. Acts 2017, 85th Leg., R.S., Ch. Its considered a second-degree felony in Texas. 268 (S.B. Sec. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. For ones actions to fit within the Texas definition of indecency with a child, one must have had the intent of arousing or gratifying their sexual desire by exposing their anus or any part of their genitals to a child who is 17 years old or younger. refd). (e) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of: (A) an enrolled person described by Subsection (a)(1) or (a)(2)(A); or, (B) a student participant described by Subsection (a)(2)(B); or. 1, eff. This can have a major impact on where a person lives, works, and how they are perceived in their communities. (A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. Most importantly, you should know that indecency with a child is a felony crime. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Section 21.11 Indecency With a Child, Acts 2017, 85th Leg., R.S., Ch. The crime of indecency with a child by exposure is punishable (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. (c) An offense under this section is a state jail felony. (d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense. 401), Sec. Location: 3, eff. A child may see you accidentally and inform his parents, leading to a wrongful accusation. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. In such a high-stress situation, he kept me at ease and hopeful. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated How Do Prosecutors Prove Intent to Distribute in Texas? Skip to content. 6.04, eff. Acts 1973, 63rd Leg., p. 883, ch. (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: (A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or. 16(c), eff. (832) 315-6283 221 (H.B. for non-profit, educational, and government users. A student also might have motivations to condemn a teacher, even though the teacher may have done nothing more than issue the student a bad grade. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. (b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense. This is a serious crime that the state of Texas does not take lightly. The victim was younger than 14 years old. (2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above. 1.01, eff. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. Improper Relationships Between Teachers and Students. September 1, 2017. (2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school. INVASIVE VISUAL RECORDING. Sec. Child Protective Services and anyone involved in the legal system will not believe your story. UnderPenal Code, Sec. He worked diligently to get my case dismissed. 1, eff. 1038 (H.B. Conversely, exposure is regarded as a third-degree felony. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. (3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. What should I do if I have been falsely accused of date rape? My son was arrested going through ", "Never expecting to inquire the services of a criminal attorney for a family member was something I didn", "I was on probation and made a stupid mistake which caused my probation to be revoked. 2789), Sec. As strict as Texass laws are regarding the protection of children from sexual offenses, there are a number of exemptions, called affirmative defenses, that bar prosecutors from taking cases to court or even charging people with this crime. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. What about sports teams that must change and shower when coaches are present? 21.11 Indecency With a Child (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and Section 230, and the disclosure or promotion consists of visual material provided by another person. 1, eff. 1808), Sec. Jan. 1, 1974. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. Houston,TX77002, Brett A. Podolsky 917 Franklin St. Ste 510, Houston,TX77002, Understanding Texas Law: Indecency With a Child, Be more than three years older than the victim, Have used force, duress or threat while committing the crime. (b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree. Both types of charges involving indecency with a child are not as severe as a charge of sexual assault of a child (also known as statuatory rape) or, worse, aggravated sexual assault of a child. The first is called Indecency with a Child by Contact. DEFINITIONS. Days of a Domestic Dad is for my fellow parents who are simply living the dream. (c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; (2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (3) sexual assault under Section 22.011; (4) aggravated sexual assault under Section 22.021; (5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and. The effectiveness of these strategies is dependent on how judiciously and quickly a person acts, making it important to seek legal assistance as soon as possible when facing a sex-related offense in Texas. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. 2552), Sec. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. (10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4). It requires the accused to: It should be noted that Texass laws regarding indecency with a child do not allow for an exemption if the offender did not know the victims age. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. The typical reaction is to know that youre innocent. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. 1.01, eff. , which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: Imprisonment in the Texas Department of Criminal Justice for a maximum of 10 years and a minimum of 2 years; and, Defending a Charge of Indecency with a Child by Exposure. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. Indecency with a child by exposure is a third-degree felony in the state of Texas. Added by Acts 2017, 85th Leg., R.S., Ch. How can criminal charges impact my immigration status? (c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit: (1) in return for not making the disclosure; or. It could even be an indecent exposure when a child is present. 246), Sec. 399, Sec. How do I find the best criminal lawyer in Houston? September 1, 2005. HOMOSEXUAL CONDUCT. Being Perhaps you have found yourself in some legal trouble and you are not sure what to do next. Moreover, statutes do not differentiate between direct contact under or over their clothes. 1, eff. 739 (S.B. You also may avoid having to register as a sex offender in Texas. Criminaldefenseattorneyplano.com by Starr Law, P.C. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). It can also involve exposing the child to sexual behavior. I have been charged with a crime; How soon should I hire a lawyer? 2, eff. 1, eff. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.
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