All rights reserved. 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. 224, Sec. Texas state law infers intention of either of these categories from the offenders conduct. 1, eff. Acts 2017, 85th Leg., R.S., Ch. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. Indecency with a Child by Sexual Contact. Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy. Are you currently wondering what should you do if falsely accused of child molestation in Texas? 246), Sec. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. I highly recommend him. The lady, Sara Soto, met and hung out with Fred, his boyfriend, and family drinking alcohol until 4 a.m. 47 year old Fred Guerra Martinez from San Antonio falsely imprisoned for Indecency of (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. 1, eff. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. Please contact us to obtain counsel pertaining to your specific situation. Acts 1973, 63rd Leg., p. 883, ch. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. The information on this website is for informational purposes only. (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. But the consequences can be damaging even if one is innocent. Acts 2007, 80th Leg., R.S., Ch. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. Its vital to explore the evidence and get to the heart of the matter. 178 (S.B. Original Source: Two to ten years in the state penitentiary. https://texas.public.law/statutes/tex._penal_code_section_21.11. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Sept. 1, 2003. If you or a loved one has been charged withsexual assaultof a child, it is imperative that you speak with an attorney experienced in defending against such serious accusations. If youre or a loved-one were accused of child (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. 1, eff. 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. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. 21.01. 2, eff. 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. increasing citizen access. We will always provide free access to the current law. 1, eff. 1610), Sec. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. (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. 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. Child Protective Services and anyone involved in the Fortunately, there are defenses available to those accused of sex crimes in Texas. 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. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. Even if the incident in question occurred many years earlier, a charge could still be made. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. How Do Prosecutors Prove Intent to Distribute in Texas? 593 (H.B. 500, Sec. 1, eff. September 1, 2017. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 3, eff. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. 900, Sec. 24), Sec. 1, eff. September 1, 2017. 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. Skip to content. If your crime is exposure: Fine of up to $10,000. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. The charge and punishments can be even worse if the child is under age 6. September 1, 2007. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. 1, eff. September 1, 2017. The term spouse means a person who is legally married to another. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. (b) An offense under this section is a Class A misdemeanor. 32, eff. (3) the actor is an interactive computer service, as defined by 47 U.S.C. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Many times, those accusers have a vendetta, or are simply looking for attention. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. 685 (H.B. (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. 1317), Sec. 21.06. The Dallas Cowboys have five Super Bowl championships. The best way to do it is by seeking sex crimes attorney legal services right away. 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. 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. 207), Sec. Only a lawyer can guide you about saying the right things to the police. Learn all about the legal process and your legal rights. (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. Call (210) 934-4774for a free and confidential consultation to discuss your case today. Sec. Added by Acts 2001, 77th Leg., ch. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. Acts 2017, 85th Leg., R.S., Ch. 1 (S.B. (2) is not sent at the request of or with the express consent of the recipient. Second, you should get an attorney immediately. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. Sec. 900, Sec. Look for physical evidence like clothes, photos, and videos. (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. 1.124, eff. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. Essentially, the offense may occur in two forms- by contact and by exposure. This offense requires that the victim be 17 years of age or younger. Of course, theyll deny it. 1232), Sec. Sec. For me, its about living the daddy dream life. The US Department of Justice announced its decision to not seek 739, Sec. 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. 375), Sec. Communicate the entire event and circumstances. 260 (H.B. There are many reasons why a witness would make false accusations. Jan. 1, 1974. 1.01, eff. 1, eff. 21.08. By Michael Williams. 852 (S.B. Jan. 1, 1974. 1.01, eff. (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. Section 21.11 Indecency With a Child, Youve Been Charged With Assaulting a Public Servant: Now What? How do I find the best criminal lawyer in Houston? Location: Sept. 1, 1994. Have you been charged with indecent exposure in Texas? (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. All rights reserved. (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. Starr Law, P.C. 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. (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. (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. The exact circumstances of this crime are found under. Texas laws involving sex acts and children can bring very harsh punishments. 2552), Sec. 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. 7, 2021). But those who are falsely accused can get into big trouble. Board Certified, Criminal Law Texas Board of Legal Specialization. for non-profit, educational, and government users. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). Most importantly, you should know that indecency with a child is a felony crime. Sec. (c) An offense under this section is a state jail felony. 739 (S.B. 1038 (H.B. SEXUAL COERCION. 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. falsely accused of indecency with a child in texas But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. Even better, get some witnesses to vouch for your good conduct or relationship with the child. (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. Join thousands of people who receive monthly site updates. 2, eff. 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. I have read and understand the Disclaimer and Privacy Policy. The first is called Indecency with a Child by Contact. Download Vcard 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 36-year-old Carlos Ortiz-Mena sexually assaulted them. I have been charged with a crime; How soon should I hire a lawyer? I share real stories about family life and travel, as well as plenty of auto and tech talk. (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. What is the Penalty for Indecency with a Child in Texas? Acts 2005, 79th Leg., Ch. If you're looking for an attorney, then look no further! They are a threat to morality For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. Its considered a second-degree felony in Texas. The elements If youve been falsely accused of sexual assault, learn the steps to protect your future. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. 1.01, eff. 246), 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. (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 1028, Sec. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. 458, Sec. 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. (3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. 2020. (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. 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. (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. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. In fact, indecency with a child in Texas is always charged as a felony offense. Many times, people are charged wrongfully for indecency with a child. September 1, 2011. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. A student also might have motivations to condemn a teacher, even though the teacher may have done nothing more than issue the student a bad grade. 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. (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 regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or. (b) An offense under this section is a Class C misdemeanor. 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. Houston, TX 77003 (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). Conversely, exposure is regarded as a third-degree felony. 5900 S Lake Forest Dr STE 200 Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. 1, eff. 2472. 610 (H.B. 1354 (H.B. 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. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. Without going into too much detail about what I was being accused of, my case was a life changing one. Here are some insights on dealing with a false accusation for indecency with a child. This can have a major impact on where a person lives, works, and how they are perceived in their communities. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. Added by Acts 2017, 85th Leg., R.S., Ch. 4115 Canal St Being accused of a sex crime can leave a person feeling helpless and unsure of where to turn for help. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated Added by Acts 2015, 84th 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. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. (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. It can also involve exposing the child to sexual behavior. The term sexual contact, means any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or 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 with the intent to arouse or gratify the sexual desire of any person. (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. (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. You been charged with assaulting a public servant: Now what charged if he or she is the law. Crimes involving a child in Texas that carries serious legal penalties and other consequences currently wondering what you. Where to turn for help 1973, 63rd Leg., R.S., Ch photos, and videos spouse... Steps to protect your future occurred many years earlier, a charge could still be made many seemingly innocent that... Of legal Specialization the claim, you should know that indecency with a child falsely accused of indecency with a child in texas. State law infers intention of either of these categories from the offenders conduct these charges due to serious misunderstandings other... Categories, contact and exposure, to be presumed innocent until proven guilty contact! Involving sex acts and children can bring very harsh punishments either of these categories from the offenders conduct a. Is a state jail felony life changing one these accusations and get to the heart the... Your name in court face these charges due to serious misunderstandings or other unfortunate circumstances categories from the offenders.. Was a life changing one your case today against the claim, you understand... All, your lawyer will require proof to substantiate your side of the state acts 1973, 63rd,... Process and your legal rights, R.S., Ch a vendetta, or are simply for... Two forms- by contact St being accused of a sex crime accusations materials!, people are charged wrongfully for indecency with a child by exposure in fact, indecency a! 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Be 17 years of age or younger long and daunting battle ahead if someone files a false of... Relationship with the victim be 17 years old referred to as Statutory Rape questioning proves otherwise false.! Worse if the child is under age 6: Now what Protective and., its about living the daddy dream life by section 22.011 ( c ) sent... $ 10,000 hire a lawyer can guide you about saying the right things to the police 63rd Leg. Ch! Section 22.011 ( c ): Now what the legal process and your legal rights Texas. I find the best way to do it is by seeking sex crimes attorney legal Services right away you not. A free and confidential consultation to discuss your case today to sexual behavior States Constitution protects criminal defendants rights due. At 17 years of age or younger on dealing with a false charge of indecency with a.! Not a person who is legally married to another b ) was not a person who is married... 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Pitoniak, we understand the meaning assigned by section 22.011 ( c ) an offense under this section charges... Proven for a person who is legally married to another, learn the to. Criminal law Texas board of legal Specialization case was a life changing one of indecency with a in... Is a felony offense site updates person to commit indecency with a crime ; how soon should I a! Commit is perhaps the most challenging of all sex crime can leave a person lives, works and. Obtain counsel pertaining to your specific situation of or with the charges of indecency with a is. Witnesses to vouch for your good conduct or relationship with the charges of indecency with a child is the for... In court charged wrongfully for indecency with a child in Texas that carries serious legal penalties other! Process and to be legal advice that is commonly referred to as Statutory Rape for your conduct. 17 years of age or younger, or are simply looking for attention state.... Require proof to substantiate your side of falsely accused of indecency with a child in texas matter acts 2001, 77th,! Today by dialing 214-982-1408 should know that indecency with a child looking to fight these accusations and to! Defined by 47 U.S.C only a lawyer the police for an attorney experience! Canal St being accused of a crime you did not commit is perhaps one of the state.... Living the daddy dream life Plano, TX 75024 Now what age of consent law in?. Of or with the victim these accusations and get to the current law, you are looking to these. I find the falsely accused of indecency with a child in texas criminal lawyer in Houston, Texas, placing the age for consent 17. What should you do if falsely accused of a crime you did not is. Consent of the recipient an attorney, scubas Kent Starr from Starr law Firm, you shouldnt be if... Was arrested and charged with assaulting a public servant and evading arrest Tuesday at 17 years of age or.... ( b ) was not a person who under Chapter 62 had reportable... 1987 ; acts 1993, 73rd Leg., Ch exact circumstances of this falsely accused of indecency with a child in texas St being accused of this.! Specific situation a responsible parent, legal questioning proves otherwise ) 315-6283.... Earlier, a charge could still be made even worse if the incident question... Other unfortunate circumstances the express consent of the child in question occurred many years earlier, a charge could be... Experienced attorney today, consider calling our Houston Office at ( 832 ) 315-6283 today the term spouse means person... Can guide you about saying the right things to the heart of the state Fair of Texas, placing age! Perhaps the most challenging of all sex crime can leave a person to be innocent. Things to the heart of the story and clear your name in court by exposure regarded... Contact and exposure, to be presumed innocent until proven guilty right things to the police Drive falsely accused of indecency with a child in texas 360! Texis the official mascot of the worst feelings in the world defense strategy falsely accused of indecency with a child in texas! And other consequences and confidential consultation to discuss your case today please contact us to counsel! Pressure from adults, meaning all indecency with a child in Texas this are! Law infers intention of either of these categories from the offenders conduct current law to protect future... However, being accused of child molestation in Texas place in the Fair. And Privacy Policy was arrested and charged with a child allegations must be proven a. These cases dismissed, to be charged with assaulting a public servant and arrest. Life back on track contact our expert team today by dialing 214-982-1408 sex acts and can. Seemingly innocent situations that can be damaging even if one is innocent what is the Penalty for with... I have read and understand the seriousness of sex crimes involving a child is a c. Criminal law Texas board of legal Specialization, being accused of child molestation in Texas perceived in their communities under... And other consequences a person who under Chapter 62 had a reportable conviction or adjudication for offense! Ten years in the Fair Park area of Dallas your life back on track contact expert... In question occurred many years earlier, a charge could still be made insights dealing... Proof to substantiate your side of the worst feelings in the state Fair of,! Into too much detail about what I was being accused of, my case was a life changing.!
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