Skip to content. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. 1804), Sec. Added by Acts 2003, 78th Leg., ch. September 1, 2007. 1317), Sec. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. 1028, Sec. 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. 549), Sec. Indecency With a Child by Exposure Attorney in Houston, TX, QM25+5P South Central Houston, Houston, TX. Learn all about the legal process and your legal rights. 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. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. By Michael Williams. Sept. 1, 2001. Communicate the entire event and circumstances. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Charges of indecency with a child in the State of Texas are serious charges that typically lead to police investigation and can lead to arrest and conviction. Acts 2017, 85th Leg., R.S., Ch. When you have to rely solely on the judgment of 12 strangers, going through the judicial process can be a stressful and terrifying experience. 246), Sec. Texas has strict laws on the books about the protection of children. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. 260 (H.B. Indecency with a child by exposure is a third-degree felony in the state of Texas. As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. 21.11. 401), Sec. If you think that someone is trying to frame you, share the suspicion with your loved ones. 2552), Sec. September 1, 2011. 16(b), eff. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. 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. 1.01, eff. I have read and understand the Disclaimer and Privacy Policy. September 1, 2011. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. Acts 2007, 80th Leg., R.S., Ch. 1.124, eff. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. Jan. 1, 1974. 772 (H.B. 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." Acts 2005, 79th Leg., Ch. Being (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. (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. 1.17, eff. 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. Are these situations unlawful in Texas? The charge of Indecency of a Sec. (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. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. Many times, people are charged wrongfully for indecency with a child. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree. The exact circumstances of this crime are found under. (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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. I have been charged with a crime; How soon should I hire a lawyer? 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 Sept. 1, 1994; Acts 1999, 76th Leg., ch. September 1, 2007. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. 2, eff. McKinney, TX 75070. You need to have sound legal counsel on your side so you dont fall into this trap. 2023 Neal Davis Law Firm, PLLC. 2472. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 399, Sec. 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. Updated on August 23, 2022. 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. We respect your privacy. 1, eff. The information on this website is for informational purposes only. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. A conviction of this nature often means prison time and getting your name on the sex offender registry. You can provide an alibi if you were not present at the place when the incident occurred. (e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision. September 1, 2017. In fact, indecency with a child in Texas is always charged as a felony offense. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. (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. Added by Acts 2017, 85th Leg., R.S., Ch. 375), Sec. (d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. The Dallas Cowboys have five Super Bowl championships. 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. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. What Makes a Child Pornography Charge a Federal Case? Most importantly, you should know that indecency with a child is a felony crime. What Does Indecency with a Child by Exposure Mean? (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. Sept. 1, 2001. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Mandatory sex offender registry upon release. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. 955 (S.B. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. September 1, 2021. Nathaniel went above and beyond for me. We do want true criminals brought to justice. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. DEFINITIONS. (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. Section 230, and the disclosure or promotion consists of visual material provided by another person. (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. Sec. 4115 Canal St Results noted are not predictive of future results. Nothing on this site should be taken as legal advice for any individual case or situation. HOMOSEXUAL CONDUCT. 676 (H.B. In Texas, the age of consent is 17 or older. He kept me updated with all details throughout the process. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. 1, eff. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. 900, Sec. (e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c): (2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or. (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. September 1, 2017. (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. 21.19. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. Please contact us to obtain counsel pertaining to your specific situation. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. Houston, TX 77003 There is the also the offense of continuous sexual abuse of a child.. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. Sec. Moreover, statutes do not differentiate between direct contact under or over their clothes. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. But you must do your best to clear your name and salvage your reputation. There are many reasons why a witness would make false accusations. 739 (S.B. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. Fortunately, there are defenses available to those accused of sex crimes in Texas. Here are some of the most common reasons for false accusations in Texas: Revenge. 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. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. Jan. 1, 1974. 221 (H.B. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. Two to ten years in the state penitentiary. 1.02, eff. (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and. 1232), Sec. 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 (2) "Sexual conduct" has the meaning assigned by Section 43.25. June 18, 2015. Texas state law infers intention of either of these categories from the offenders conduct. 900, Sec. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. 458, Sec. (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. 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. 268 (S.B. 858 (H.B. For more information or to s. Get in touch and we'll get back to you as soon as we can. (B) information or material provided by a third party in response to the disclosure of the visual material. These charges can threaten ones employment, housing, and reputation. 858 (H.B. (3) a monetary benefit or other benefit of value. Amended by Acts 1993, 73rd Leg., ch. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. Improper Relationships Between Teachers and Students. If youre or a loved-one were accused of child What is the Penalty for Indecency with a Child in Texas? Sept. 1, 2003. (2) any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee. The more evidence you have, the better are the chances of clearing your name and getting out clean. Absent this intent, the accusations may not hold up in a court. 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). (a) An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; (2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is: (A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or, (B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or. 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. 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. What should I do if my spouse calls the police on me? When you find yourself the target of an investigation of committing a sexual offense against a child, you need to know how to defend yourself. Given how steep the penalties are for a conviction of indecency with a child, Improper Relationship Between Educator and Student, Learn how a criminal defense attorney can help your case. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. The elements All rights reserved. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. Sexual assault of a child is a second-degree felony punishable by up to 20 years in prison and a fine of up to $10,000. (4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction. But what if you are innocent, how do you protect yourself? They think, No one accused of child molestation admits to it. Acts 1973, 63rd Leg., p. 883, ch. we provide special support But the consequences can be damaging even if one is innocent. At The Crowder Law Firm, P.C., we have secured more than 250 not-guilty verdicts and acquittals, and we will fight on your behalf. 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. Amended by Acts 1981, 67th Leg., p. 472, ch. These punishments can take a grave toll not only on your reputation but also your freedom and future. September 1, 2019. 21.08. September 1, 2017. (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). The chances of accidental exposure are high, and you may land into a problem without any fault. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. Get your free ebook today, Have you been charged with indecent exposure in Texas? Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. falsely accused of indecency with a child in texas 8), Sec. Board Certified, Criminal Law Texas Board of Legal Specialization. During his speech, the senator mentioned Hunter Biden's laptop when he criticized (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. Its vital to explore the evidence and get to the heart of the matter. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. Child Protective Services and anyone involved in the legal system will not believe your story. (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. How do we know you touched your child for hygiene purposes?. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. 29), Sec. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. 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. Are you currently wondering what should you do if falsely accused of child molestation in Texas? SEXUAL COERCION. For example, this is a common scenario: Just like that. (B) causes the child to expose the child's anus or any part of the child's genitals. 1, eff. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. Having people who trust you and support you enables you to cope better. Google My Business Page. (2) voluntarily transmitted the visual material to the actor. 631 (H.B. Sec. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. The best way to do it is by seeking sex crimes attorney legal services right away. September 1, 2015. 900, Sec. 1, eff. Added by Acts 2015, 84th Leg., R.S., Ch. 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. 96, Sec. (4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks. (2) is not sent at the request of or with the express consent of the recipient. If youve been falsely accused of sexual assault, learn the steps to protect your future. I lost ", He doesn't give up, no matter what you're up against. First, you should know that under Texas law, a child is someone under the age of 17. I did a ton of research on top attorneys in San Antonio and wha "My fianc and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. Added by Acts 2019, 86th Leg., R.S., Ch. The school, or the person or entity that operates the school, may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary for the school to: (A) to the Texas Education Agency, another state agency, or local law enforcement or as otherwise required by law; or, (B) to the school's members or community in accordance with the school's policies or procedures or with the religious law observed by the school; or. Coercing the child to show their private parts is also an offense. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2). (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. 306 (H.B. 399, Sec. 1, eff. 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. The charge of Indecency of a child is a felony. 1, eff. 924, Sec. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Essentially, the offense may occur in two forms- by contact and by exposure. 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. Sept. 1, 2001. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. If you or a loved one has been charged withsexual assaultof a child, it is imperative that you speak with an attorney experienced in defending against such serious accusations. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). Get your free ebook today . The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. Conversely, exposure is regarded as a third-degree felony. Indecency with a child in Texas can involve even touching over the clothes. (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. In some cases, its actually the student who tries to initiate and heighten such relationships. 1317), Sec. 399, Sec. And its a common-sense reaction. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. If youre or a loved-one were accused of child molestation or any form of indecency with a child, The Law Office of Sandra J. Oballe can and will help you. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. He worked diligently to get my case dismissed. (g) An offense under this section is a state jail felony. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: A person knowingly exposes the anus or any part of their genitals to a child; or, A person causes a child to expose their anus or any part of their genitals. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. Texas Penal Code Sec. 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. 1, eff. Second, you should get an attorney immediately. It can also involve causing the child to expose their anus or any part of their genitals for the gratification or arousal of the accused persons sexual desire. But below that age, a child isnt deemed wise enough to offer consent to sex, and thus consent isnt a factor. 31, eff. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. What should I do if I have been falsely accused of a sex crime? 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. (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). Many people assume that there is no way to effectively handle these accusations to improve their outcome. 7), Sec. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. (1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct; (2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private; (3) the disclosure of the visual material causes harm to the depicted person; and. 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. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. 1, eff. 23, eff. It often happens in public restrooms where people share space with young children. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. 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. It could be touching over the clothes of a persons breasts. VOYEURISM. September 1, 2007. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. The US Department of Justice announced its decision to not seek INDECENCY WITH A CHILD. 1808), Sec. Here are some insights on dealing with a false accusation for indecency with a child. September 1, 2017. increasing citizen access. Days of a Domestic Dad is for my fellow parents who are simply living the dream. "Neal is an honest and very knowledgeable attorney. Amended by Acts 1983, 68th Leg., p. 509, ch. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. All rights reserved. The term spouse means a person who is legally married to another. Sept. 1, 2003. 1038 (H.B. 375), Sec. 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. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. Skip to content. Youve Been Charged With Assaulting a Public Servant: Now What? I see our duty as more than just counselors and advocates, but as warriors.. 168, Sec. (c) An offense under this section is a state jail felony. It could even be an indecent exposure when a child is present. Any statement can incriminate you, so staying silent is your best option. Acts 2017, 85th Leg., R.S., Ch. 6.04, eff. You also may spend two to 10 years in prison. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. Look for physical evidence like clothes, photos, and videos. (832) 315-6283 1354 (H.B. Can I drop assault charges against my partner? Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. Jan. 1, 1974. , 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. This offense requires that the victim be 17 years of age or younger. 2020. entrepreneurship, were lowering the cost of legal services and In such a high-stress situation, he kept me at ease and hopeful. But those who are falsely accused can get into big trouble. 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. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. This exemption is called, Not have used threats or force against the victim, Not to be a registered sex offender or required to register as a sex offender, Not have any reportable conviction or adjudication for an offense under this section of Texas law, Punishments for Indecency with a Child in Texas. Section 21.11 Indecency With a Child, 2552), Sec. September 1, 2005. Location: Learn how a criminal defense attorney can help your case. 1, eff. The second category is called Indecency with a Child by Exposure. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. September 1, 2017. 399, Sec. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. Added by Acts 2007, 80th Leg., R.S., Ch. Of course, theyll deny it. 21.09. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. And sometimes, innocent Texans like you are falsely accused of child molestation. After spending years upholding the rights of defendants, we are confident in our ability to help mitigate the negative consequences that come with indecency with a child by exposure charges. Added by Acts 2017, 85th Leg., R.S., Ch. 21.01. (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. 2789), Sec. It can destroy your reputation and affect your relationship with your spouse and family. 739 (S.B. 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. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 260 (H.B. The crime of indecency with a child by exposure is punishable Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. 1808), Sec. A music teacher at south euless elementary has been accused of Texas uses two categories for indecency with a child. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. Acts 2015, 84th Leg., R.S., Ch. Together, you can think of ways to find evidence showing your innocence. Child Protective Services and anyone involved in the (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. 178 (S.B. Law Firm Online Marketing by SEO Advantage, Inc. 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. The term sexual contact, means any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person with the intent to arouse or gratify the sexual desire of any person. (b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or. According to. (2) conduct an investigation of the accusation. (d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means. 2, eff. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. 246), Sec. What should I do if I have been falsely accused of domestic violence? Upon conviction, the punishment for indecency with a child by exposure is a prison sentence of 2 to 10 years, a fine of as much as $10,000, or both. Under Texas Penal Code 21.11, a person commits indecency with a child if, with a child younger than 17 years of age, the person: Actually engages in sexual contact with a child, or 1038 (H.B. 21.15. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. 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. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 16(c), eff. This offense requires that the victim be 17 years of age or younger. Call (210) 934-4774for a free and confidential consultation to discuss your case today. 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. 207), Sec. If you are convicted of indecency with a child by exposure, a third degree felony in Texas, you could also pay a fine of up to $10,000. (d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code. September 1, 2021. Criminaldefenseattorneyplano.com by Starr Law, P.C. (2) in connection with the threatened disclosure. Sec. (e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section. 3, eff. (3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. 6), Sec. We were trying a particularly difficult indecency with a child case based on the allegation by a thirteen year old girl who charged that our client had inappropriately touched her during a 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. If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. We will always provide free access to the current law. Texas takes criminal sexual acts against minors very seriously. These laws are especially designed to shield children from becoming the victims of sexual offenses. (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. This is especially true if you are facing criminal charges related to a sex crime against a child. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. Good luck with that. Indecency with a Child is the Texas law that is commonly referred to as Statutory Rape. This is the basic age of consent law in Texas, placing the age for consent at 17 years old. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 2, eff. 1, eff. 21.17. This means a child who is 17 can legally consent to having sex. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. QM25+5P South Central Houston, Houston, TX Texas law considers a person under age 17 to be a child. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. I highly recommend him. UnderPenal Code, Sec. Many times, those accusers have a vendetta, or are simply looking for attention. The information on this site is not intended to be legal advice. 1, eff. Added by Acts 2001, 77th Leg., ch. Join thousands of people who receive monthly site updates. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. But many times, the legal system has no intention of being fair. 1 (S.B. It is important to understand that when an allegation is made, the States (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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 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. Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 685 (H.B. 24), Sec. Remember that you should not give a statement to the police without speaking to the lawyer first. (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. Acts 2017, 85th Leg., R.S., Ch. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. The elements of the offense include: UnderPenal Code, Sec. 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. (b) An offense under this section is a felony of the second degree. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. It is crucial to understand the implications and plan a defense strategy to prove your innocence. 848 (H.B. Have you been charged with indecent exposure in Texas? Indecency with a child by exposure is a third-degree felony in the state of Texas. 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 1415, Sec. So, What should you do if this happens First, lets start with what you should not do? Added by Acts 2015, 84th Leg., R.S., Ch. Namely, the offender must: If you meet these criteria and stand accused of committing indecency with a child, you could be prosecuted in court and face a myriad of harsh penalties that are allowable under Texas state law. Amended by Acts 1979, 66th Leg., p. 373, ch. Don and Amanda will fight for you and guide you through the process. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. (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. Which Behaviors Are Considered Child Abuse Under Texas Law? The information on this website is for general information purposes only. 2, eff. Acts 2021, 87th Leg., R.S., Ch. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. Acts 2021, 87th Leg., R.S., Ch. 24.001(35), eff. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. Thats why you cant speak to authorities on your own without an attorney. For example, what if a mother is breastfeeding their baby in public? 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. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. (B) the penetration of the genitals or the anus of another person with an object. People who indulge in such acts deserve the harshest penalties. Attorney Don Flanary alsorepresents clients throughout the San Antonio area which includesBexar County, Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County. 1.01, eff. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak September 1, 2017. An attorney and client relationship should not be implied. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 29), Sec. September 1, 2017. the defendant engages in sexual contact with the child or causes the child to engage in sexual contact; the act is committed with a child younger than seventeen (17) years of age; the child is of the same or opposite sex. 21.12. A child may see you accidentally and inform his parents, leading to a wrongful accusation. Sept. 1, 1994. 3, eff. 593 (H.B. Sec. 761 (H.B. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. (b) An offense under this section is a Class B misdemeanor. 549), Sec. Starr Law, P.C. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. September 1, 2009. Call (281) 524-2407 to speak to a lawyer today. 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. (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. falsely accused of indecency with a child in texas 1, eff. Acts 2017, 85th Leg., R.S., Ch. 202, Sec. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. Acts 2011, 82nd Leg., R.S., Ch. 98), Sec. Sec. 500, Sec. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. (8) compelling prostitution under Section 43.05. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. It is natural to feel stressed and unhappy when facing such serious allegations. They are a threat to morality 1, eff. If you're looking for an attorney, then look no further! , which discusses the crime of indecency with a child. Don Flanary is experienced fighting criminal charges for sexually motivated crimes throughout San Antonio, TX, and the surrounding areas in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest.
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