848 (H.B. A child may see you accidentally and inform his parents, leading to a wrongful accusation. (2) "Sexual conduct" has the meaning assigned by Section 43.25. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. 21.12. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. This field is for validation purposes and should be left unchanged. (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: (A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or. Sec. 21.15. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. 739, Sec. 955 (S.B. If your crime is exposure: Fine of up to $10,000. What should I do if I have been falsely accused of domestic violence? 593 (H.B. 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. Youve Been Charged With Assaulting a Public Servant: Now What? was not a person who had a reportable conviction or adjudication for indecency with a child offense in accordance with Chapter 62 of the Code of Criminal Procedure. September 1, 2017. (3) the actor is an interactive computer service, as defined by 47 U.S.C. Indecency with a child through sexual contact is a second-degree felony offense. Don and Amanda will fight for you and guide you through the process. (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. And sometimes, innocent Texans like you are falsely accused of child molestation. Being charged with any type of crime can be a shocking and overwhelming experience. (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. It can destroy your reputation and affect your relationship with your spouse and family. How Do Prosecutors Prove Intent to Distribute in Texas? 676 (H.B. 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. 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. 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. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. (2) in connection with the threatened disclosure. Please contact us to obtain counsel pertaining to your specific situation. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. Acts 2007, 80th Leg., R.S., Ch. 500, Sec. Only a lawyer can guide you about saying the right things to the police. Sec. Being , which discusses the crime of indecency with a child. For me, its about living the daddy dream life. Sept. 1, 1994; Acts 1999, 76th Leg., ch. In some cases, its actually the student who tries to initiate and heighten such relationships. 1.01, eff. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. All rights reserved. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. 24.001(35), eff. 1, eff. By Michael Williams. 900, Sec. (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. 852 (S.B. September 1, 2017. Jan. 1, 1974. An honest conversation on the entire statement gives you a good start. 917 Franklin St. Ste 510, Texas Penal Code Sec. (B) the penetration of the genitals or the anus of another person with an object. It is natural to feel stressed and unhappy when facing such serious allegations. (A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or. Sentencing for a Sexual Assault Against a Child Conviction Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal Houston,TX77002, Brett A. Podolsky 917 Franklin St. Ste 510, Houston,TX77002, Understanding Texas Law: Indecency With a Child, Be more than three years older than the victim, Have used force, duress or threat while committing the crime. 2, eff. September 1, 2017. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). (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. Board Certified, Criminal Law Texas Board of Legal Specialization. Second, you should get an attorney immediately. INDECENCY WITH A CHILD. 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. Indecency with a child in Texas can involve even touching over the clothes. Texas state law infers intention of either of these categories from the offenders conduct. They are a threat to morality 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 is a third-degree felony in the state of Texas. This can have a major impact on where a person lives, works, and how they are perceived in their communities. You also may avoid having to register as a sex offender in Texas. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. This means a child who is 17 can legally consent to having sex. 399, Sec. The chances of accidental exposure are high, and you may land into a problem without any fault. In fact, theyll use what you say against you in court! The use of this form does not establish an attorney-client relationship. Learn how a criminal defense attorney can help your case. We Are Well-Versed with Local and National Criminal Laws. 739 (S.B. Sec. 1038 (H.B. 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 (last accessed Jun. Section 21.11 Indecency With a Child, We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 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. 246), Sec. 4(b), eff. (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. 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. 1232), Sec. Indecency with children is a serious matter, even if the allegation is a false one. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. 1, eff. 23, eff. (g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or. Indecency with a child by exposure is a third-degree felony in the state of Texas. Most importantly, you should know that indecency with a child is a felony crime. (e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision. (2) voluntarily transmitted the visual material to the actor. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. 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. (b) An offense under this section is a felony of the second degree. 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. 21.11. Mandatory sex offender registry upon release. (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. 2789), Sec. 1, eff. 306 (H.B. 1.01, eff. September 1, 2009. September 1, 2017. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. Acts 2015, 84th Leg., R.S., Ch. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. Sept. 1, 2003. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. It involves any touching by the accused under, through and over clothing of the victims anus, breast or any part of the victims genitals for the arousal or gratification of the accused persons sexual desire. Law Firm Online Marketing by SEO Advantage, Inc. 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. 207), Sec. September 1, 2007. September 1, 2007. increasing citizen access. (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. 900, Sec. These charges can threaten ones employment, housing, and reputation. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. Together, you can think of ways to find evidence showing your innocence. 21.16. Essentially, the offense may occur in two forms- by contact and by exposure. Learn all about the legal process and your legal rights. We do want true criminals brought to justice. Acts 1973, 63rd Leg., p. 883, ch. Years old Ste 510, Texas Penal Code Sec been charged with type! Does not establish an attorney-client relationship the student who tries to initiate and heighten such relationships to the police avoid. Scheduling a free consultation with an experienced attorney at the law Office Nathaniel. 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