1232), Sec. And sometimes, innocent Texans like you are falsely accused of child molestation. (2) 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. You need to have sound legal counsel on your side so you dont fall into this trap. (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. 2, eff. Sec. 306 (H.B. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. 31, eff. Essentially, the offense may occur in two forms- by contact and by exposure. (3) the actor is an interactive computer service, as defined by 47 U.S.C. 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. This field is for validation purposes and should be left unchanged. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. 6.04, eff. Acts 2017, 85th Leg., R.S., Ch. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. Even if the incident in question occurred many years earlier, a charge could still be made. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. Acts 2021, 87th Leg., R.S., Ch. 24), Sec. 1, eff. The elements of the offense include: UnderPenal Code, Sec. (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. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. 21.15. 1, eff. We will always provide free access to the current law. 1, eff. In addition, Texas has no statute of limitations restricting the time in which a person can be charged with the crime of indecency with a child. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. 955 (S.B. 2789), Sec. (3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. This is especially true if you are facing criminal charges related to a sex crime against a child. 21.17. Indecency with a Child by Sexual Contact. Texas takes criminal sexual acts against minors very seriously. Acts 2021, 87th Leg., R.S., Ch. Remember that you should not give a statement to the police without speaking to the lawyer first. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. The first is called Indecency with a Child by Contact. This means a child who is 17 can legally consent to having sex. 7, 2021). (B) causes the child to expose the child's anus or any part of the child's genitals. You also may spend two to 10 years in prison. Here are some insights on dealing with a false accusation for indecency with a child. How can criminal charges impact my immigration status? , which discusses the crime of indecency with a child. 399, Sec. 739 (S.B. Home > Blog > Understanding Texas Law: Indecency With a Child. Most importantly, you should know that indecency with a child is a felony crime. Results noted are not predictive of future results. But many times, the legal system has no intention of being fair. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. Jan. 1, 1974. 268 (S.B. 98), Sec. That is, the offender can meet the required criteria for exposing himself or herself to the victim or having the victim expose himself or herself to the offender without either ever having physical contact with each other. (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. Acts 1973, 63rd Leg., p. 883, ch. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. Added by Acts 2003, 78th Leg., ch. September 1, 2017. Jan. 1, 1974. Enjuris Texas personal injury guide. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Added by Acts 2001, 77th Leg., ch. 1135), 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. Sept. 1, 2003. 260 (H.B. Acts 2017, 85th Leg., R.S., Ch. 549), Sec. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. September 1, 2017. How do I find the best criminal lawyer in Houston? 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. (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. (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. He kept me updated with all details throughout the process. Don Flanary is experienced fighting criminal charges for sexually motivated crimes throughout San Antonio, TX, and the surrounding areas in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest. All rights reserved. 1, eff. 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. Children are innocent and would never lie like this. 1, eff. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. 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. If youve been falsely accused of sexual assault, learn the steps to protect your future. If, at the time of the offense, the accused person was not a registered sex offender or had a reportable conviction or adjudication for a sexual offense, the penalties associated with the crime may be lessened. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. Added by Acts 2015, 84th Leg., R.S., Ch. 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 can have a major impact on where a person lives, works, and how they are perceived in their communities. 1, eff. If the victim was under six years old at the time of the crime, or the victim was under age 14 and serious bodily harm was caused or there was an attempt to cause death, the minimum prison sentence is 25 years. Amended by Acts 1979, 66th Leg., p. 373, ch. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. (832) 315-6283 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. September 1, 2017. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. 848 (H.B. QM25+5P South Central Houston, Houston, TX entrepreneurship, were lowering the cost of legal services and Here are some of the most common reasons for false accusations in Texas: Revenge. 739, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. (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. Sec. Criminaldefenseattorneyplano.com by Starr Law, P.C. 1, eff. Two to ten years in the state penitentiary. 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. DEFINITIONS. Jan. 1, 1974. 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. These punishments can take a grave toll not only on your reputation but also your freedom and future. The charge and punishments can be even worse if the child is under age 6. 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. Child Protective Services and anyone involved in the Many times, those accusers have a vendetta, or are simply looking for attention. 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. 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 The victim was younger than 14 years old. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. (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. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. Acts 2017, 85th Leg., R.S., Ch. 2552), Sec. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. Acts 2015, 84th Leg., R.S., Ch. September 1, 2021. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. (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. (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. I have read and understand the Disclaimer and Privacy Policy. (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. Indecency with a child in Texas can involve even touching over the clothes. September 1, 2007. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. What Makes a Child Pornography Charge a Federal Case? (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. Conversely, exposure is regarded as a third-degree felony. Texas state law infers intention of either of these categories from the offenders conduct. (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. Skip to content. 1038 (H.B. These charges can threaten ones employment, housing, and reputation. 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. 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. 1808), Sec. Sec. 1232), Sec. 610 (H.B. Great office staff and assistants. 401), Sec. September 1, 2017. Sec. Indecency with children is a serious matter, even if the allegation is a false one. (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. 676 (H.B. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. September 1, 2007. Mandatory sex offender registry upon release. 21.18. Skip to content. 1317), Sec. (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. Acts 1973, 63rd Leg., p. 883, ch. 7), Sec. https://texas.public.law/statutes/tex._penal_code_section_21.11. 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