(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. (c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice. 324 (S.B. 401), Sec. It can destroy your reputation and affect your relationship with your spouse and family. 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. Added by Acts 2015, 84th Leg., R.S., Ch. 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. Criminaldefenseattorneyplano.com by Starr Law, P.C. If you are convicted of indecency with a child by contact, which is a second degree felony in Texas, you could face a fine of up to $10,000 and two to 20 years in prison, if not both. 900, 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. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. 96, Sec. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. 3659), Sec. (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. It could be touching over the clothes of a persons breasts. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. The victim was younger than 14 years old. (e) It is not a defense to prosecution under this section that the depicted person: (1) created or consented to the creation of the visual material; or. If youve been falsely accused of sexual assault, learn the steps to protect your future. 1, eff. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. September 1, 2017. 1.17, eff. Acts 2011, 82nd Leg., R.S., Ch. (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. If the victim and the offender are married, the offender may not be able to be charged with this crime. 1317), Sec. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. 1.01, eff. Kent Starr Attorney at Law What do I do? Being accused of a sex crime can leave a person feeling helpless and unsure of where to turn for help. (3) the actor is an interactive computer service, as defined by 47 U.S.C. Acts 1973, 63rd Leg., p. 883, ch. 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. Board Certified, Criminal Law Texas Board of Legal Specialization. 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 when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. 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. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. 2, eff. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. 7, 2021). 5900 S Lake Forest Dr STE 200 1, eff. 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. 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. This offense requires the State to prove there were two or more acts of sexual abuse against the same child more than 30 days apart. 1808), Sec. These punishments can take a grave toll not only on your reputation but also your freedom and future. Sec. Indecency with a Child by Sexual Contact. (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. 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. 852 (S.B. I was being accused of one of the worst things human being can be accused of. Sept. 1, 1994. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. Texas state law infers intention of either of these categories from the offenders conduct. What about sports teams that must change and shower when coaches are present? 858 (H.B. September 1, 2011. (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. Indecency with a child by exposure is a third-degree felony in the state of Texas. 375), Sec. Acts 2017, 85th Leg., R.S., Ch. Having a support system is also essential to stay sane during the entire situation. Acts 1973, 63rd Leg., p. 883, ch. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. 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. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. Enjuris Texas personal injury guide. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. They are a threat to morality and society as a whole because young children cannot protect themselves. 2, eff. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. 1, eff. When you have to rely solely on the judgment of 12 strangers, going through the judicial process can be a stressful and terrifying experience. The charge of Indecency of a Nathaniel went above and beyond for me. This can have a major impact on where a person lives, works, and how they are perceived in their communities. June 18, 2015. 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. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. 3, eff. 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. I share real stories about family life and travel, as well as plenty of auto and tech talk. Get your free ebook today, Have you been charged with indecent exposure in Texas? In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. 1.02, eff. 21.11. 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. 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. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. 21.06. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. (last accessed Jun. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. (b) An offense under this section is a Class C misdemeanor. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. Sept. 1, 1994. (e) 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, the other law, or both. Sept. 1, 2003. For example, what if a mother is breastfeeding their baby in public? Improper Relationships Between Teachers and Students. 224, Sec. It is crucial to understand the implications and plan a defense strategy to prove your innocence. https://texas.public.law/statutes/tex._penal_code_section_21.11. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. 1415, Sec. Second, you should get an attorney immediately. The typical reaction is to know that youre innocent. In addition, Acts 2009, 81st Leg., R.S., Ch. 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. (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. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 1, eff. September 1, 2007. The US Department of Justice announced its decision to not seek Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. (c) An offense under this section is a Class C misdemeanor. 685 (H.B. There are many reasons why a witness would make false accusations. Confidential or time-sensitive information should not be sent through this form. (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. If your crime consists of touching: Lifetime sex offender registry. 1, eff. (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. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. The exact circumstances of this crime are found under. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. He kept me updated with all details throughout the process. The second category is called Indecency with a Child by Exposure. There is the also the offense of continuous sexual abuse of a child.. Texas law considers a person under age 17 to be a child. 631 (H.B. Amended by Acts 2003, 78th Leg., ch. 1, eff. (3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. entrepreneurship, were lowering the cost of legal services and 178 (S.B. INDECENCY WITH A CHILD. 2009). 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 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. Which Behaviors Are Considered Child Abuse Under Texas Law? 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. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. 955 (S.B. 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. Please contact us to obtain counsel pertaining to your specific situation. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. But those who are falsely accused can get into big trouble. (2) "Sexual conduct" has the meaning assigned by Section 43.25. 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. The information on this website is for informational purposes only. Home > Blog > Understanding Texas Law: Indecency With a Child. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. Child Protective Services and anyone involved in the Sept. 1, 1981; Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Sex crimes involving children are among the most serious crimes. 761 (H.B. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. Sec. 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. To I would refer him to anyone in need., Law Office of Nathaniel Pitoniak Amended by Acts 1981, 67th Leg., p. 472, ch. 399, Sec. Most importantly, you should know that indecency with a child is a felony crime. 1, eff. I have read and understand the Disclaimer and Privacy Policy. But you must do your best to clear your name and salvage your reputation. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 Many times, those accusers have a vendetta, or are simply looking for attention. 260 (H.B. Every case is different and individual results may vary depending on the facts of a case. 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. Go the extra mile to seek the support of your spouse and family. Added by Acts 2003, 78th Leg., ch. 24.001(35), eff. 858 (H.B. (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. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. (B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim; (2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and. , 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. 2552), 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. 1, eff. But many times, the legal system has no intention of being fair. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. 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. Upon conviction, the punishment for such a crime is a prison sentence of 2 to 20 years, a fine of as much as $10,000, or both. 23, eff. June 18, 2015. Essentially, the offense may occur in two forms- by contact and by exposure. To a child 3 ) the actor is an important decision and should be... Than three years older than the victim and the offender are married, offender! 123 S.Ct false charge of indecency with a sex crime can leave person. Only on your reputation reaction is to know that youre innocent sure what do! 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A knowledgeable attorney is better able to be charged with a child by exposure charges Houston.
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