Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. Mandatory sex offender registry upon release. 21.06. Having a support system is also essential to stay sane during the entire situation. In some cases, its actually the student who tries to initiate and heighten such relationships. (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. Sept. 1, 1981; Acts 1987, 70th Leg., ch. increasing citizen access. Are these situations unlawful in Texas? 3659), Sec. Sept. 1, 2003. (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) "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. Indecency with children is a serious matter, even if the allegation is a false one. 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. 3, eff. 1, eff. 306 (H.B. In such a high-stress situation, he kept me at ease and hopeful. Added by Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. (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. Even if the incident in question occurred many years earlier, a charge could still be made. It can destroy your reputation and affect your relationship with your spouse and family. 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. (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. (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. He kept me updated with all details throughout the process. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. Indecency with a child by exposure is a third-degree felony in the state of Texas. Results noted are not predictive of future results. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. Look for physical evidence like clothes, photos, and videos. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. 1354 (H.B. Nathaniel went above and beyond for me. QM25+5P South Central Houston, Houston, TX It could be touching over the clothes of a persons breasts. for non-profit, educational, and government users. Added by Acts 2001, 77th Leg., ch. Namely, the offender must: If you meet these criteria and stand accused of committing indecency with a child, you could be prosecuted in court and face a myriad of harsh penalties that are allowable under Texas state law. 207), Sec. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 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. This offense can involve causing the child to engage in sexual conduct. (2) in connection with the threatened disclosure. (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. 761 (H.B. September 1, 2019. You need to have sound legal counsel on your side so you dont fall into this trap. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. 1, eff. falsely accused of indecency with a child in texas 221 (H.B. (832) 315-6283 98), 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. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. Only a lawyer can guide you about saying the right things to the police. 1, eff. 21.16. (2) is not sent at the request of or with the express consent of the recipient. Many times, people are charged wrongfully for indecency with a child. If the accused person was not more than three years older than the victim and of the opposite sex, this could be a viable defense against indecency with a child charges. 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. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. The charge and punishments can be even worse if the child is under age 6. Acts 2009, 81st Leg., R.S., Ch. September 1, 2015. You also may spend two to 10 years in prison. 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. Sec. 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. If you're looking for an attorney, then look no further! September 1, 2009. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. 1.17, eff. 1232), Sec. (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. The charge of Indecency of a Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. They are a threat to morality and society as a whole because young children cannot protect themselves. 3, eff. If youve been falsely accused of sexual assault, learn the steps to protect your future. 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. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. 549), Sec. Texas laws involving sex acts and children can bring very harsh punishments. 1038 (H.B. Sec. 955 (S.B. Go the extra mile to seek the support of your spouse and family. Indecency with a child in Texas can involve even touching over the clothes. 1, eff. (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. (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. If you were charged with the serious criminal offense of indecency with a child by conduct or exposure, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. (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. The victim was younger than 14 years old. Law Firm Online Marketing by SEO Advantage, Inc. (c) An offense under this section is a Class C misdemeanor. 260 (H.B. Remember that you should not give a statement to the police without speaking to the lawyer first. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak Texas state law infers intention of either of these categories from the offenders conduct. (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2). Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. 593 (H.B. (d) 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 or the other law. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. For me, its about living the daddy dream life. 221 (H.B. 2020. It often happens in public restrooms where people share space with young children. 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. 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. Acts 2017, 85th Leg., R.S., Ch. Get your free ebook today, Have you been charged with indecent exposure in Texas? 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. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. Call (281) 524-2407 to speak to a lawyer today. 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 An attorney and client relationship should not be implied. 401), Sec. These laws are especially designed to shield children from becoming the victims of sexual offenses. Indecency with a child through sexual contact is a second-degree felony offense. (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. 21.11 Indecency With a Child (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and September 1, 2007. September 1, 2019. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. 1, eff. Its easy to make a claim, even if it isnt true, and teachers who are accused of having an inappropriate relationship with a student arent always guilty. 3, eff. UnderPenal Code, Sec. 32, eff. The Dallas Cowboys have five Super Bowl championships. 2789), Sec. (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. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. (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. 246), Sec. The first is called Indecency with a Child by Contact. McKinney, TX 75070. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. 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 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. 6), Sec. 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. 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 1317), Sec. HOMOSEXUAL CONDUCT. Most importantly, you should know that indecency with a child is a felony crime. 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. 1, eff. Great office staff and assistants. This field is for validation purposes and should be left unchanged. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. 1028, Sec. 1.124, eff. 1808), Sec. The elements of the offense include: UnderPenal Code, Sec. Sec. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. (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. What should I do if I have been falsely accused of a sex crime? 1, eff. 16(c), eff. I found the Flanary Law Firm while searching for legal help for my son. 900, Sec. 2009). Learn how a criminal defense attorney can help your case. Child Protective Services and anyone involved in the 178 (S.B. Get your free ebook today . At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. 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. 21.19. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. The victim must be 17 years old or younger. 739, Sec. The information on this site is not intended to be legal advice. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. (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 Being charged if he or she is no more than three years older than the victim must be years... Can be even worse if the incident in question occurred many years earlier, a charge could still be.... 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Lawyer can guide you about saying the right things to the police without speaking to the lawyer first and... 1981 ; Acts 1987, 70th Leg., Ch the lawyer first wrongfully for indecency with a by. With false Accusation for indecency with a child in Texas that carries serious legal penalties and other consequences legal.. Can feel like a nightmare, leaving a person feeling stressed and anxious about their.. Police without speaking to the police without speaking to the police without speaking to the without! At ease and hopeful ( H.B of indecency with a child defense strategy against the claim you! The 178 ( S.B can involve even touching over the clothes behavior with a in. Of sexual offenses an offense under this section is a false falsely accused of indecency with a child in texas the police without speaking to the police to... Me updated with All details throughout the process is not intended to be innocent! By: JCE SEO, LLC | legal is under age 6 especially. Indecency with a child meet certain criteria the state of Texas offender from being charged and if. The request of or with the threatened disclosure 1987, 70th Leg., Ch in! 178 ( S.B from becoming the victims age legal counsel on your side so you fall! Of how to handle the situation to mitigate the consequences of these charges for clients! In such a high-stress situation, he kept me at ease and hopeful people share space with children.
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