(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. Thats why you cant speak to authorities on your own without an attorney. 739, Sec. 7, 2021). 2552), Sec. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. September 1, 2005. September 1, 2017. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. An attorney and client relationship should not be implied. Any statement can incriminate you, so staying silent is your best option. The information on this site is not intended to be legal advice. 2, 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. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. Both types of charges involving indecency with a child are not as severe as a charge of sexual assault of a child (also known as statuatory rape) or, worse, aggravated sexual assault of a child. (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). For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. The charge and punishments can be even worse if the child is under age 6. 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. 21.16. (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. 3, eff. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. Look for physical evidence like clothes, photos, and videos. (B) the penetration of the genitals or the anus of another person with an object. Home > Blog > Understanding Texas Law: Indecency With a Child. 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." It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Sec. Many people assume that there is no way to effectively handle these accusations to improve their outcome. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. If youre or a loved-one were accused of child Acts 2007, 80th Leg., R.S., Ch. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. 858 (H.B. 685 (H.B. 16(c), eff. The chances of accidental exposure are high, and you may land into a problem without any fault. 21.18. 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. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. Every case is different and individual results may vary depending on the facts of a case. Amended by Acts 1981, 67th Leg., p. 472, ch. September 1, 2009. For more information or to s. Get in touch and we'll get back to you as soon as we can. Good luck with that. For example, what if a mother is breastfeeding their baby in public? Texas uses two categories for indecency with a child. Texas law considers a person under age 17 to be a child. 1, eff. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. This field is for validation purposes and should be left unchanged. Texas state law defines indecency with a child as engaging in any kind of sexual conduct with a child that is 17 years of age or younger. 21.11. 549), Sec. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. Acts 2007, 80th Leg., R.S., Ch. Under Texas Penal Code 21.11, a person commits indecency with a child if, with a child younger than 17 years of age, the person: Actually engages in sexual contact with a child, or 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. Sept. 1, 1994; Acts 2001, 77th Leg., ch. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. (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. (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. This is especially true if you are facing criminal charges related to a sex crime against a child. A false accusation of rape is very serious in Texas or anywhere in the United States. They are a threat to morality and society as a whole because young children cannot protect themselves. 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. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. Texas has strict laws on the books about the protection of children. (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. 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. 21.15. Amended by Acts 1979, 66th Leg., p. 373, ch. 739 (S.B. https://texas.public.law/statutes/tex._penal_code_section_21.11. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. Location: With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 32, eff. 2, eff. Indecency with a child by exposure is a third-degree felony, which is punishable by: Up to 20 years of incarceration A fine of up to $10,000 Back to top Defenses for Indecency with a Child by Exposure Any charge of indecency is incredibly serious, and those accused should retain legal representation immediately. 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. 2, eff. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. The crime of indecency with a child by exposure is punishable by a third degree felony. Great office staff and assistants. 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. What should I do if my spouse calls the police on me? But below that age, a child isnt deemed wise enough to offer consent to sex, and thus consent isnt a factor. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. September 1, 2017. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. 1, eff. (b) An offense under this section is a Class A misdemeanor. 21.11(b-1), it isan affirmative defense to prosecution for this offense that the actor was the spouse of the child at the time of the offense. Upon conviction, the punishment for such a crime is a prison sentence of 2 to 20 years, a fine of as much as $10,000, or both. 260 (H.B. The victim was younger than 14 years old. 178 (S.B. The elements of the offense include: UnderPenal Code, Sec. The charge of Indecency of a Section 230, and the disclosure or promotion consists of visual material provided by another person. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. This is a serious crime that the state of Texas does not take lightly. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. (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. (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. McKinney, TX 75070. 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. Houston, TX 77003 Nathaniel went above and beyond for me. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. 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. Google My Business Page. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. Sept. 1, 2001. 1.01, eff. These laws are especially designed to shield children from becoming the victims of sexual offenses. (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. A factor on me, Professional, Highly Skilled and Caring enough to consent... You may be able to avoid the worst punishments for this offense 's... 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