21.08. What is the Penalty for Indecency with a Child in Texas? The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. Go the extra mile to seek the support of your spouse and family. 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 victim must be 17 years old or younger. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. 1, eff. At the Law Office of Nathaniel Pitoniak, we believe in the power of legal strategy and comprehensive defense when it comes to indecency with a child by contact cases. 2552), Sec. 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. 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. 900, Sec. (h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. The state will move forward with the case, even if the person who accused you attempts to recant or wants to drop the domestic violence charges that have been filed against you. This offense can involve causing the child to engage in sexual conduct. The crime of indecency with a child by exposure is punishable by a third degree felony. September 1, 2021. Acts 1973, 63rd Leg., p. 883, ch. (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. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. 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). Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. The best way to do it is by seeking sex crimes attorney legal services right away. Added by Acts 2017, 85th Leg., R.S., Ch. Section 230, and the disclosure or promotion consists of visual material provided by another person. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. (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. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. 1.01, eff. The exact circumstances of this crime are found under. Board Certified, Criminal Law Texas Board of Legal Specialization. I was being accused of one of the worst things human being can be accused of. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. 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? (b) An offense under this section is a Class B misdemeanor. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. September 1, 2007. September 1, 2009. Texas uses two categories for indecency with a child. DEFINITIONS. (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. 399, Sec. 246), Sec. 375), Sec. What Happens If I Am Accused of Human Trafficking. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Nothing on this site should be taken as legal advice for any individual case or situation. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. Starr Law, P.C. (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. Its considered a second-degree felony in Texas. Sept. 1, 1981; Acts 1987, 70th Leg., ch. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. 2789), Sec. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 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. 246), Sec. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 324 (S.B. Being It is crucial to understand the implications and plan a defense strategy to prove your innocence. Indecency with children is a serious matter, even if the allegation is a false one. 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. Every case is different and individual results may vary depending on the facts of a case. He kept me updated with all details throughout the process. Acts 2021, 87th Leg., R.S., Ch. 168, Sec. A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct. (2) is not sent at the request of or with the express consent of the recipient. September 1, 2019. Acts 2009, 81st Leg., R.S., Ch. The typical reaction is to know that youre innocent. It also infers intention by the circumstances surrounding the crime when it takes place. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 (c) An offense under this section is a state jail felony. 21.12. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. 8), Sec. Absent this intent, the accusations may not hold up in a court. 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. September 1, 2019. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1994. This field is for validation purposes and should be left unchanged. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. 21.11. 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. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Call (281) 524-2407 to speak to a lawyer today. 761 (H.B. It can destroy your reputation and affect your relationship with your spouse and family. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. I found the Flanary Law Firm while searching for legal help for my son. Indecency with a child by exposure is a third-degree felony in the state of Texas. (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. Sec. These laws are especially designed to shield children from becoming the victims of sexual offenses. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. I share real stories about family life and travel, as well as plenty of auto and tech talk. 1415, Sec. This is a serious crime that the state of Texas does not take lightly. 375), Sec. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. Mandatory sex offender registry upon release. 739, Sec. Criminaldefenseattorneyplano.com by Starr Law, P.C. (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. Here are some insights on dealing with a false accusation for indecency with a child. But what if you are innocent, how do you protect yourself? It often happens in public restrooms where people share space with young children. They are a threat to morality and society as a whole because young children cannot protect themselves. Amended by Acts 1981, 67th Leg., p. 472, ch. 2, eff. 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. We will always provide free access to the current law. For example, this is a common scenario: Just like that. (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. (2) in connection with the threatened disclosure. The victim was younger than 14 years old. 21.01. If your crime is exposure: Fine of up to $10,000. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. (8) compelling prostitution under Section 43.05. A mistake about the childs age is not a defense to the charge. Moreover, statutes do not differentiate between direct contact under or over their clothes. 848 (H.B. Thats what Don Flanary and his law firm associates are and more. If you think that someone is trying to frame you, share the suspicion with your loved ones. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. Added by Acts 2003, 78th Leg., ch. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). (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. 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 631 (H.B. First, you should know that under Texas law, a child is someone under the age of 17. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. Sec. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. If the victim and the offender are married, the offender may not be able to be charged with this crime. (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. We do want true criminals brought to justice. Here are some of the most common reasons for false accusations in Texas: Revenge. September 1, 2017. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. You do not have JavaScript enabled. 500, Sec. INDECENT EXPOSURE. 1, eff. Texas has strict laws on the books about the protection of children. September 1, 2011. (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. Indecency with a child in Texas can involve even touching over the clothes. Most importantly, you should know that indecency with a child is a felony crime. Sept. 1, 1994. Sec. We look forward to hearing from you! The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. 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. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. September 1, 2011. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. 260 (H.B. 1038 (H.B. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. Amended by Acts 1979, 66th Leg., p. 373, ch. 3, eff. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. 3, eff. There is the also the offense of continuous sexual abuse of a child.. These factors include but are not limited to: The perpetrator threatens the child with kidnapping, bodily injury, or death; The victim received significant bodily injury; The perpetrator attempted to cause the childs death; The use of a date rape drug such as Rohypnol, ketamine, or gamma-hydroxybutyrate; and. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes. Results noted are not predictive of future results. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. Jan. 1, 1974. 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. September 1, 2017. 924, Sec. 1, eff. September 1, 2005. If you choose to submit yourself to an investigation without, The investigator asks, Have you ever given your child lotion for a diaper rash?, They now twist your words, and ask in an intimidating tone, So you touched your childs genitals?, Of course, you did, but for hygiene purposes. Can I drop assault charges against my partner? (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. People who indulge in such acts deserve the harshest penalties. (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. (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. 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. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 23, eff. Its vital to explore the evidence and get to the heart of the matter. VOYEURISM. 7, 2021). 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. https://texas.public.law/statutes/tex._penal_code_section_21.11. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. Original Source: June 18, 2015. You also may spend two to 10 years in prison. (2) 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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 739 (S.B. 900, Sec. September 1, 2015. (2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school. If you're looking for an attorney, then look no further! Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. Many times, people are charged wrongfully for indecency with a child. 917 Franklin St. Ste 510, (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. All rights reserved. Texas Penal Code Sec. It is natural to feel stressed and unhappy when facing such serious allegations. There are many reasons why a witness would make false accusations. SEXUAL COERCION. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. A conviction of this nature often means prison time and getting your name on the sex offender registry. False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. 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. 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. Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. So, What should you do if this happens First, lets start with what you should not do? 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. 900, Sec. Through social How do we know you touched your child for hygiene purposes?. 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. Many people assume that there is no way to effectively handle these accusations to improve their outcome. Confidential or time-sensitive information should not be sent through this form. Jan. 1, 1974. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. September 1, 2017. (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. The information on this site is not intended to be legal advice. The US Department of Justice announced its decision to not seek Coercing the child to show their private parts is also an offense. (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. Google My Business Page. Texas takes criminal sexual acts against minors very seriously. 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. Indecency with a child by exposure is a third-degree felony in the state of Texas. And its a common-sense reaction. 1, eff. 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. 2472. 955 (S.B. Further, Texas state law considers both categories, The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. (3) the actor is an interactive computer service, as defined by 47 U.S.C. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. 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. According to. Acts 2021, 87th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. The testimony of eyewitnesses can be an important facet of a case, making it incredibly important to evaluate the validity of all witnesses involved in the case.

Betsy Mccaughey Daughters, List Of Funerals At Lincoln Crematorium, What Does The Cloud With The Exclamation Mark Mean In Google Photos,