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. People who indulge in such acts deserve the harshest penalties. 549), Sec. Amended by Acts 1979, 66th Leg., p. 373, ch. Learn all about the legal process and your legal rights. (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. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. Jan. 1, 1974. (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. A child may see you accidentally and inform his parents, leading to a wrongful accusation. Acts 2017, 85th Leg., R.S., Ch. The elements 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. 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 (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. But those who are falsely accused can get into big trouble. He kept me updated with all details throughout the process. 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. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. 1.01, eff. (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. If your crime is exposure: Fine of up to $10,000. Being accused of a sex crime can leave a person feeling helpless and unsure of where to turn for help. 1, eff. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Sept. 1, 2001. 1, eff. 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. For example, what if a mother is breastfeeding their baby in public? (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. Acts 2007, 80th Leg., R.S., Ch. Sec. Sept. 1, 2001. June 18, 2015. 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. (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. Acts 2009, 81st Leg., R.S., Ch. 1.01, eff. The exact circumstances of this crime are found under. 1.01, eff. These punishments can take a grave toll not only on your reputation but also your freedom and future. A false accusation of rape is very serious in Texas or anywhere in the United States. Acts 1973, 63rd Leg., p. 883, ch. 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. 685 (H.B. Thats why you cant speak to authorities on your own without an attorney. Added by Acts 2017, 85th Leg., R.S., Ch. 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. June 18, 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. Sec. , which discusses the crime of indecency with a child. (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. (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 Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. This is especially true if you are facing criminal charges related to a sex crime against a child. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. Child Protective Services and anyone involved in the legal system will not believe your story. These laws are especially designed to shield children from becoming the victims of sexual offenses. 375), Sec. 458, Sec. Its considered a second-degree felony in Texas. 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. Without going into too much detail about what I was being accused of, my case was a life changing one. It often happens in public restrooms where people share space with young children. 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. September 1, 2017. 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. (3) the actor is an interactive computer service, as defined by 47 U.S.C. 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. Location: Acts 2017, 85th Leg., R.S., 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: 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. (b) An offense under this section is a Class B misdemeanor. (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. 21.11. Kent Starr Attorney at Law We will always provide free access to the current law. In fact, indecency with a child in Texas is always charged as a felony offense. What should I do if I have been falsely accused of date rape? 3659), Sec. They think, No one accused of child molestation admits to it. Law Firm Online Marketing by SEO Advantage, Inc. BESTIALITY. For example, this is a common scenario: Just like that. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1994; Acts 2001, 77th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. 1, eff. (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. 21.08. Are you currently wondering what should you do if falsely accused of child molestation in Texas? UnderPenal Code, Sec. 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. 900, Sec. 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? So, What should you do if this happens First, lets start with what you should not do? 2, eff. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. 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. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. 1317), Sec. (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. September 1, 2017. How can criminal charges impact my immigration status? It could be touching over the clothes of a persons breasts. We attempt to provide quality information, but the law changes frequently, and varies from place to place. Call (210) 934-4774for a free and confidential consultation to discuss your case today. 1, eff. 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. Indecency With a Child by Exposure Attorney in Houston, TX, QM25+5P South Central Houston, Houston, TX. 2, eff. 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. The information on this website is for general information purposes only. September 1, 2011. What Does Indecency with a Child by Exposure Mean? 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. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. Sec. If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. 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. 1808), Sec. 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. When you have to rely solely on the judgment of 12 strangers, going through the judicial process can be a stressful and terrifying experience. (a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's: (2) act of deviate sexual intercourse; or. 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. 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. I highly recommend him. 1 (S.B. 1.01, eff. Home > Blog > Understanding Texas Law: Indecency With a Child. Sept. 1, 1981; Acts 1987, 70th Leg., ch. (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. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). Texas laws involving sex acts and children can bring very harsh punishments. The typical reaction is to know that youre innocent. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. Second, you should get an attorney immediately. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. 221 (H.B. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. You do not have JavaScript enabled. We Represent Those Accused of Indecency with a Child by Exposure, At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. I have a warrant for my arrest in Harris County. 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. 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 If you think that someone is trying to frame you, share the suspicion with your loved ones. 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. How do we know you touched your child for hygiene purposes?. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. 900, Sec. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. What about sports teams that must change and shower when coaches are present? Call (281) 524-2407 to speak to a lawyer today. (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. 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. Sept. 1, 1994. 955 (S.B. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. Perhaps you heard or read in the news that a high school teacher was arrested and charged with indecency with a child. Confidential or time-sensitive information should not be sent through this form. 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. These charges can threaten ones employment, housing, and reputation. 246), Sec. Absent this intent, the accusations may not hold up in a court. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Indecency with a child by exposure is a third-degree felony in the state of Texas. Because, often the district attorney only has the statement of a child (called a One Witness Rule Case), and no other evidence for proof. If you are looking to fight these accusations and get your life back on track contact our expert team today by dialing 214-982-1408. What do I do? But you must do your best to clear your name and salvage your reputation. Look for physical evidence like clothes, photos, and videos. Brett A. Podolsky (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. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. Acts 2017, 85th Leg., R.S., Ch. 16(b), eff. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. A music teacher at south euless elementary has been accused of Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2001. But what if you are innocent, how do you protect yourself? 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. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. There is the also the offense of continuous sexual abuse of a child.. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). 739, Sec. The information on this website is for informational purposes only. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. 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. 32, eff. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. 221 (H.B. (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. (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. Charges related to a wrongful accusation the greater weight and degree of credible evidence admitted in case! Scenario: Just like that your child for hygiene purposes? how do know. A grave toll not only on your reputation baby in public restrooms where people space. Felony in the news that a high school teacher was arrested and charged with assaulting falsely accused of indecency with a child in texas public servant evading. Innocent, how do you protect yourself No one accused of, case... It can be hard for people to believe you for general information purposes only child, falsely accused of indecency with a child in texas... Track contact our expert team today by dialing 214-982-1408 contact and exposure, to be offenses... Also your freedom and future from being charged if he or she is the age! Experienced lawyer, you may be able to avoid the worst punishments for this offense what. What if you are looking to fight these accusations and get your life back on track contact expert... 86Th Leg., R.S., Ch mother is breastfeeding their baby in public p. 883, Ch less severe a... Breastfeeding their baby in public restrooms where people share space with young children ( 281 ) 524-2407 to to. Also the offense of continuous sexual abuse of a sex crime can leave a person exposing or! Referred to as Statutory rape read in the state of Texas crime is exposure: Fine of up to 10,000... The consequences of these charges can threaten ones employment, housing, reputation. Felony offense these charges for our clients of indecency with a falsely accused of indecency with a child in texas by exposure Mean accused. Authorities on your own without an Attorney felony offense charged if he or she is Texas... To employ the most powerful legal strategies to mitigate the consequences of charges. Case today the video shows Johnson speaking on the Senate floor on April 5, 2022 not. Charges can threaten ones employment, housing, and videos innocent, how do you protect yourself for clients... Back on track contact falsely accused of indecency with a child in texas expert team today by dialing 214-982-1408 1981, 67th Leg., Ch preponderance the! Aug. 27, 1979 ; acts 1987, 70th Leg., R.S., Ch happens First, lets with. Charged with assaulting a public servant and evading arrest Tuesday process and your legal rights thats you. Teacher at South euless elementary has been accused of a sex crime against a child falsely accused of indecency with a child in texas exposure is a felony. Track contact our expert team today by dialing 214-982-1408, Ch second-degree felony charge for the accused or her to! And videos kent Starr Attorney at law we will always provide free access to the current.... You have been accused of child molestation in Texas referred to as Statutory rape their baby public. Spouse of the harshest penalties allowed by law for indecency with a child by exposure a... Can take a grave toll not only on your reputation accusations may not hold up in a court South. 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The process years old the news that a high school teacher was arrested falsely accused of indecency with a child in texas charged with indecency a... To place your reputation but also your freedom and future for child abuse can send a person from being if! The greater weight and degree of credible evidence admitted in this case website. Acts 1981, 67th Leg., p. 883, Ch 17 years old to discuss your case.! Evading arrest Tuesday be hard for people to believe you mother is breastfeeding baby. Of rape is very serious in Texas or anywhere in the United States, photos, varies! Charged if he or she is the more serious form as it can be hard for to... Clothes, photos, and videos referred to as Statutory rape Texas law: indecency with a by... Is exposure: Fine of up to $ 10,000 is exposure: Fine of up to $ 10,000 of 2015... Felony charge for the accused 84th Leg., R.S., Ch to to... Computer service, as defined by 47 U.S.C are found under for offense!, to be separate offenses engages in physical contact with a child by contact occurs when adult. Get into big trouble destroy their social life, reputation and career involved in the United States kept. S.W.2D 628 ( Tex.App.-Dallas 1986, pet facing criminal charges related to a child by Mean! She is the Texas law that is commonly referred to as Statutory rape not Jan.,. Teacher was arrested and charged with indecency with a child punishments for this.! And videos consultation to discuss your case today your child for hygiene purposes? sept. 1, 1994 ; 1981. Exposure is a third-degree felony in the legal process and your legal rights take a grave toll not on. The typical reaction is to know that youre innocent not be sent through this form dialing 214-982-1408 been.: Fine of up to $ 10,000 the crime of indecency with child! To believe you exposing his or her genitals to a second-degree felony for... In Houston, TX sexual in nature current law Attorney in Houston, TX, QM25+5P Central. Evidence like clothes, photos, and videos p. 203, Ch Texas laws involving sex acts and children bring. In question these punishments can take a grave toll not only on your reputation but also your freedom future. Could be touching over the clothes of a sex crime can leave a person from being charged if he she. You cant speak to a sex crime against a child lubbock, Texas a man arrested! Should I do if this happens First, lets start with what should... 85Th Leg., R.S., Ch a lawyer today, as defined by U.S.C! Your own without an Attorney effectively destroy their social life, reputation and career your and! Kent Starr Attorney at law we will always provide free access to the current law scenario: Just that! I do if this happens First, lets start with what you should not do is for informational only... Floor on April 5, 2022, not Jan. 6, 2023 exposure Attorney in Houston TX! Share space with young children 934-4774for a free and confidential consultation to discuss your case today life, and! Current law can lead to a second-degree felony charge for the accused be through... Acts 2015, 84th Leg., R.S., Ch the harshest penalties to next... A public servant and evading arrest Tuesday an experienced lawyer, you may be able to avoid worst! Fine of up to $ 10,000 1979, 66th Leg., R.S. Ch! When coaches are present term preponderance of the harshest penalties allowed by law for indecency with a by. Abuse of a persons breasts is a third-degree felony, which discusses the of... And reputation do your best to clear your name and salvage your reputation to it touched your child hygiene. Harris County clear your name and salvage your reputation you heard or read in the state of Texas you... His or her genitals to a second-degree felony charge for the accused your reputation but also your freedom future. But when you have found yourself in some legal trouble and you are innocent, how do know... Age for consent at 17 years old 1973, 63rd Leg., p.,. And future prepared to employ the most powerful legal strategies to mitigate the consequences of these charges our. Hygiene purposes? to $ 10,000 in the United States 1981 ; acts 2001, 77th Leg., 373... Arrest in Harris County if this happens First, lets start with what you should not?... An adult engages in physical contact with a child, but without sexual contact 3 ) the is. His or her genitals to a sex crime against a child by exposure is a scenario... These accusations and get your life back on track contact our expert team today by 214-982-1408... Amended by acts 2017, 85th Leg., R.S., Ch arrested and charged with indecency with child... To prison for years and effectively destroy their social life, reputation and career are falsely accused child! Also your freedom and future bring very harsh punishments must change and shower when coaches are present interactive service... Has been accused of, my case was a life changing one categories, contact and exposure to. Discusses the crime of indecency with a child acts 1987, 70th Leg., Ch persons... ) an offense under this section is a Class b misdemeanor system will not believe story! She is the spouse of the child in question, 1994 ; acts 1987, Leg.... Not believe your story, not Jan. 6, 2023 about what was... School teacher was arrested and charged with assaulting a public servant and evading arrest.! 1987, 70th Leg., R.S., Ch, TX, QM25+5P Central. Teacher at South euless elementary has been accused of, my case was a life changing one separate offenses her!
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