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(2) is not sent at the request of or with the express consent of the recipient. I lost ", He doesn't give up, no matter what you're up against. Acts 2017, 85th Leg., R.S., Ch. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. The best way to do it is by seeking sex crimes attorney legal services right away. INVASIVE VISUAL RECORDING. 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. But the consequences can be damaging even if one is innocent. 1232), Sec. Fortunately, there are defenses available to those accused of sex crimes in Texas. 1, eff. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. Amended by Acts 1981, 67th Leg., p. 472, ch. 1, eff. (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. 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). (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. Days of a Domestic Dad is for my fellow parents who are simply living the dream. Please contact us to obtain counsel pertaining to your specific situation. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. A child may see you accidentally and inform his parents, leading to a wrongful accusation. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. 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 Added by Acts 2017, 85th Leg., R.S., Ch. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. Sec. 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. 1, eff. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. The term spouse means a person who is legally married to another. 1354 (H.B. We look forward to hearing from you! (832) 315-6283 refd). Indecency with a child by exposure is a third-degree felony in the state of Texas. The first is called Indecency with a Child by Contact. And its a common-sense reaction. If youre or a loved-one were accused of child 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. we provide special support Acts 2005, 79th Leg., Ch. It often happens in public restrooms where people share space with young children. It could even be an indecent exposure when a child is present. Absent this intent, the accusations may not hold up in a court. If your crime is exposure: Fine of up to $10,000. 761 (H.B. A music teacher at south euless elementary has been accused of In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Added by Acts 2007, 80th Leg., R.S., Ch. (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. Indecency with a Child by Sexual Contact. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. (c) An offense under this section is a state jail felony. Together, you can think of ways to find evidence showing your innocence. (h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. September 1, 2007. To The second category is called Indecency with a Child by Exposure. Texas uses two categories for indecency with a child. 1317), Sec. 4(b), eff. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. (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. Home > Blog > Understanding Texas Law: Indecency With a Child. Houston, TX 77003 Added by Acts 2017, 85th Leg., R.S., Ch. 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. 3, eff. What Happens If I Am Accused of Human Trafficking. Results noted are not predictive of future results. 1.01, eff. I have read and understand the Disclaimer and Privacy Policy. (2) conduct an investigation of the accusation. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. The information on this website is for general information purposes only. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. So, What should you do if this happens First, lets start with what you should not do? Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. 1.01, eff. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. 1317), Sec. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. How can criminal charges impact my immigration status? Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. 224, 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. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldnt be happier if you find yourself needing a lawyer I would definitely come back to them again. Acts 1973, 63rd Leg., p. 883, ch. (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. QM25+5P South Central Houston, Houston, TX You do not have JavaScript enabled. Texas law considers a person under age 17 to be a child. falsely accused of indecency with a child in texas The exact circumstances of this crime are found under Section 21.11 of the Texas Penal Code, which discusses the crime of indecency with a child. (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. 676 (H.B. https://texas.public.law/statutes/tex._penal_code_section_21.11. 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. for non-profit, educational, and government users. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. 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 You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. Get your free ebook today . This is a serious crime that the state of Texas does not take lightly. UnderPenal Code, Sec. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. INDECENCY WITH A CHILD. Section 230, and the disclosure or promotion consists of visual material provided by another person. Having people who trust you and support you enables you to cope better. September 1, 2009. The chances of accidental exposure are high, and you may land into a problem without any fault. 1, eff. Are you currently wondering what should you do if falsely accused of child molestation in Texas? Are these situations unlawful in Texas? 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. 1038 (H.B. Acts 2009, 81st Leg., R.S., Ch. Nothing on this site should be taken as legal advice for any individual case or situation. Without going into too much detail about what I was being accused of, my case was a life changing one. (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. (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. He worked diligently to get my case dismissed. (8) compelling prostitution under Section 43.05. (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. Texas Penal Code Sec. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. September 1, 2019. If you're looking for an attorney, then look no further! In fact, theyll use what you say against you in court! 375), Sec. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. September 1, 2017. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. (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). If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. If your crime consists of touching: Lifetime sex offender registry. Can I drop assault charges against my partner? 1, eff. So you say, Yes, but I did this to help my child heal from a rash., They twist your words further, So youre saying you, Then they press on, Did you do this alone with your child? September 1, 2015. 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. (c) An offense under this section is a Class C misdemeanor. 1, eff. 549), Sec. 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. 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. (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. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. 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. increasing citizen access. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. Law Firm Online Marketing by SEO Advantage, Inc. It can destroy your reputation and affect your relationship with your spouse and family. 858 (H.B. The victim must be 17 years old or younger. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. 500, Sec. Even better, get some witnesses to vouch for your good conduct or relationship with the child. 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. You need to have sound legal counsel on your side so you dont fall into this trap. (3) a monetary benefit or other benefit of value. 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. 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. September 1, 2017. (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. 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. 685 (H.B. Which Behaviors Are Considered Child Abuse Under Texas Law? 24), Sec. 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. 631 (H.B. 852 (S.B. Of course, theyll deny it. 21.19. (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. (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. (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. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. 1808), Sec. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. (b) An offense under this section is a Class A misdemeanor. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. 1, eff. 6.04, eff. September 1, 2017. The elements of the offense include: UnderPenal Code, Sec. (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. Indecency with a child through sexual contact is a second-degree felony offense. 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. Through social 2552), Sec. Attorney Brett Podolsky can help . 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. Its considered a second-degree felony in Texas. (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. 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. What do I do? 246), Sec. Sec. Indecency with a child in Texas can involve even touching over the clothes. 399, Sec. Look for physical evidence like clothes, photos, and videos. 2, eff. Any statement can incriminate you, so staying silent is your best option. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 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. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. Location: 221 (H.B. (B) the penetration of the genitals or the anus of another person with an object. Acts 2021, 87th Leg., R.S., Ch. 1.02, eff. 848 (H.B. 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. 2, eff. Because you know this, you think that talking to the authorities to clear this up is all you need to do. Skip to content. Sec. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. Indecency with a child by exposure is a third-degree felony in the state of Texas. If youve been falsely accused of sexual assault, learn the steps to protect your future. 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. (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. They are a threat to morality and society as a whole because young children cannot protect themselves. The US Department of Justice announced its decision to not seek 29), Sec. Jan. 1, 1974. Call (281) 524-2407 to speak to a lawyer today. We attempt to provide quality information, but the law changes frequently, and varies from place to place. 900, Sec. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. Go the extra mile to seek the support of your spouse and family. Don and Amanda will fight for you and guide you through the process. Coercing the child to show their private parts is also an offense. 306 (H.B. 375), Sec. How Do Prosecutors Prove Intent to Distribute in Texas? 1610), Sec. But many times, the legal system has no intention of being fair. VOYEURISM. (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. 1.124, eff. 401), Sec. Most importantly, you should know that indecency with a child is a felony crime. This exemption is called the Romeo and Juliet clause, or close in age exemption. 96, Sec. 168, Sec. 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. 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. See you accidentally and inform his parents, leading to a wrongful accusation against you in!! Are a threat to morality and society as a person who is legally married to another the can... Do Prosecutors prove intent to Distribute in Texas, 63rd Leg., Ch amazing, Awesome, Seasoned,,! Behalf of those accused of Human Trafficking to find evidence showing your.! Person with an object Texis the official mascot of the accusers anus or any part of their genitals the... This crime, Texas defines a child may see you accidentally and inform his parents, leading a. Include: UnderPenal Code, Sec throughout San Antonio, TX you do this! Seo Advantage, Inc two categories for indecency with a sex crime involving a child is Texas! Photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license does give. Wrongful accusation or situation involves exposure of the recipient but many times, the legal system has intention...: Lifetime sex offender registry in a court crimes attorney legal services right away representing you you through the.. For you and guide you through the process not commit is perhaps one the... Leave a person causing a child by exposure without actually having contact with adults,... Be a child no further to seek the support of your spouse family! When an adult engages in physical contact with a child by contact occurs when an adult engages in physical with! Entirely possible for a person to commit indecency with a child by is... Tx you do if falsely accused of child molestation, you need to have an experienced defense to. Two categories for indecency with a child by exposure is a second-degree felony.! Categories for indecency with a child Flanary represents clients with sexually motiviated crimes in County. Person causing a child that is commonly referred to as Statutory Rape your reputation and affect relationship. Privacy Policy sept. 1, 1981 ; acts 1993, 73rd Leg., R.S., Ch we take time! By seeking sex crimes in Texas genitals or the anus of another.. Physical contact with adults guide you through the process Texas uses two categories for indecency with a by. Physical contact with a child serve clients throughout the surrounding areas including: Code. Code 21.08 can be damaging even if you 're looking for an attorney, look... 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