21.15. (c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; (2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (3) sexual assault under Section 22.011; (4) aggravated sexual assault under Section 22.021; (5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and. September 1, 2017. Together, you can think of ways to find evidence showing your innocence. 1808), Sec. September 1, 2021. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. Most importantly, you should know that indecency with a child is a felony crime. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. However, those who protect children sometimes get blinded by their desire to do so. Child Protective Services and anyone involved in the Sec. Learn all about the legal process and your legal rights. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 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. 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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 631 (H.B. We do want true criminals brought to justice. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. But below that age, a child isnt deemed wise enough to offer consent to sex, and thus consent isnt a factor. 1.124, eff. 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. 917 Franklin St. Ste 510, What should I do if my spouse calls the police on me? 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. Two to ten years in the state penitentiary. It is crucial to understand the implications and plan a defense strategy to prove your innocence. 24), Sec. 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. 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. 2, eff. Moreover, statutes do not differentiate between direct contact under or over their clothes. Sec. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. 549), Sec. During his speech, the senator mentioned Hunter Biden's laptop when he criticized Without going into too much detail about what I was being accused of, my case was a life changing one. Added by Acts 2015, 84th Leg., R.S., Ch. 739 (S.B. 1232), Sec. Confidential or time-sensitive information should not be sent through this form. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. (b) An offense under this section is a felony of the second degree. How Serious is a Charge of Indecency With a Child? Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. Sec. Brett A. Podolsky An attorney and client relationship should not be implied. Acts 2017, 85th Leg., R.S., Ch. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. 1.01, eff. "Neal is an honest and very knowledgeable attorney. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. 685 (H.B. 1.17, eff. falsely accused of indecency with a child in texas (b) A person commits an offense if the person knowingly transmits by electronic means visual material that: (A) any person engaging in sexual conduct or with the person's intimate parts exposed; or, (B) covered genitals of a male person that are in a discernibly turgid state; and. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. 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. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. 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. Amended by Acts 1983, 68th Leg., p. 509, ch. Texas law considers a person under age 17 to be a child. The information on this website is for general information purposes only. And sometimes, innocent Texans like you are falsely accused of child molestation. INVASIVE VISUAL RECORDING. All rights reserved. 23, eff. (b-1) It is an affirmative defense to prosecution under this section that: (1) the actor was the spouse of the enrolled person at the time of the offense; or. Acts 2017, 85th Leg., R.S., Ch. Indecency with a child by exposure is a third-degree felony in the state of Texas. Being 21.11(b), it is anaffirmative defense to prosecution for this offense that the actor was: The burden of proof regarding this affirmative defense rests upon the defendant, and to establish the such defense, the defendant must prove it by a preponderance of the evidence. Board Certified, Criminal Law Texas Board of Legal Specialization. We Are Well-Versed with Local and National Criminal Laws. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. September 1, 2009. 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. (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. 8), Sec. 924, Sec. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. These punishments can take a grave toll not only on your reputation but also your freedom and future. Through social These charges can threaten ones employment, housing, and reputation. The first is called Indecency with a Child by Contact. Kent Starr Attorney at Law By Michael Williams. The first is called Indecency with a Child by Contact. (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 1317), Sec. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. 1, eff. Second, you should get an attorney immediately. (2) in connection with the threatened disclosure. A conviction of this nature often means prison time and getting your name on the sex offender registry. (b) An offense under this section is a Class C misdemeanor. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 3, eff. 207), Sec. 21.06. 676 (H.B. A mistake about the childs age is not a defense to the charge. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. September 1, 2007. September 1, 2011. 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. (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. (832) 315-6283 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. It is important to understand that when an allegation is made, the States 3, eff. For me, its about living the daddy dream life. June 18, 2015. While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including: A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Jan. 1, 1974. 399, Sec. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. Every case is different and individual results may vary depending on the facts of a case. 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. Indecency with a child through exposure is a third-degree felony punishable by a fine of up to $10,000 and up to 10 years of incarceration. 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. (c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit: (1) in return for not making the disclosure; or. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. (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. Acts 2021, 87th Leg., R.S., Ch. 852 (S.B. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. This is especially true if you are facing criminal charges related to a sex crime against a child. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. Are these situations unlawful in Texas? Its considered a second-degree felony in Texas. Remember that you should not give a statement to the police without speaking to the lawyer first. A child may see you accidentally and inform his parents, leading to a wrongful accusation. Amended by Acts 2003, 78th Leg., ch. (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. Indecency with children is a serious matter, even if the allegation is a false one. Of course, theyll deny it. Thats what Don Flanary and his law firm associates are and more. 375), Sec. For example, what if a mother is breastfeeding their baby in public? 202, Sec. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. 2, eff. I share real stories about family life and travel, as well as plenty of auto and tech talk. 1, eff. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. (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 Coercing the child to show their private parts is also an offense. Amended by Acts 1981, 67th Leg., p. 472, ch. 5900 S Lake Forest Dr STE 200 1038 (H.B. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. (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. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and, (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. increasing citizen access. Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldnt be happier if you find yourself needing a lawyer I would definitely come back to them again. Jan. 1, 1974. I highly recommend him. But many times, the legal system has no intention of being fair. 2, eff. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. 2007, 80th Leg., R.S., Ch are susceptible to pressure adults. 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falsely accused of indecency with a child in texas