1808), Sec. After spending years upholding the rights of defendants, we are confident in our ability to help mitigate the negative consequences that come with indecency with a child by exposure charges. Remember that you should not give a statement to the police without speaking to the lawyer first. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. Join thousands of people who receive monthly site updates. But below that age, a child isnt deemed wise enough to offer consent to sex, and thus consent isnt a factor. Indecency with a child by exposure is a third-degree felony in the state of Texas. 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. Coercing the child to show their private parts is also an offense. Every case is different and individual results may vary depending on the facts of a case. 1808), Sec. Amended by Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. A child may see you accidentally and inform his parents, leading to a wrongful accusation. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. 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. These punishments can take a grave toll not only on your reputation but also your freedom and future. 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. 401), Sec. (2) "Sexual conduct" has the meaning assigned by Section 43.25. 1, eff. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. Child sexually assaulted for 4 years in north Houston, authorities say Man wanted for sexually abusing 2 kids for more than a year, HPD says Man wanted, accused of 21.06. 21.11 Indecency With a Child (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 September 1, 2011. During his speech, the senator mentioned Hunter Biden's laptop when he criticized Sec. I share real stories about family life and travel, as well as plenty of auto and tech talk. 23, eff. 1232), Sec. Sec. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. 2, eff. INDECENT EXPOSURE. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. To 1, eff. I have read and understand the Disclaimer and Privacy Policy. (h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. 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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 32, eff. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Sec. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: In addition to jail time and financial penalties, a person convicted of indecency with a child may be required to register as a sex offender for the duration of their life. 458, Sec. Texas state law infers intention of either of these categories from the offenders conduct. 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. September 1, 2011. "Neal is an honest and very knowledgeable attorney. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. The charge of Indecency of a child is a felony. Sept. 1, 2001. (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. (2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school. 1, eff. Amended by Acts 1981, 67th Leg., p. 472, ch. Children are innocent and would never lie like this. Added by Acts 2001, 77th Leg., ch. (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. (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. What Happens If I Am Accused of Human Trafficking. 24.001(35), eff. 761 (H.B. We will always provide free access to the current law. (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. Don and Amanda will fight for you and guide you through the process. Second, you should get an attorney immediately. For example, this is a common scenario: Just like that. After spending years upholding the rights of defendants, we are confident in our ability to help mitigate the negative consequences that come with indecency with a child by exposure charges. 1.124, eff. (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 false accusation of rape is very serious in Texas or anywhere in the United States. (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. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. (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. (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. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. (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. (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. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. (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. (3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person. (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. Underage Sexting Scams: How They Work and What to Do If You are a Victim, Ways of Handling Threats Against a School, Prostitution is Not a Felony in the State of Texas. Great office staff and assistants. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. If the evidence does not work in your favor, you can still have your lawyer argue down the charges against you, if possible, and show that you do not deserve to spend years in jail. This offense can involve causing the child to engage in sexual conduct. Sept. 1, 1981; Acts 1987, 70th Leg., ch. (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. 858 (H.B. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. September 1, 2017. Further, Texas state law considers both categories, The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 202, Sec. It is natural to feel stressed and unhappy when facing such serious allegations. September 1, 2017. , which discusses the crime of indecency with a child. 685 (H.B. Criminaldefenseattorneyplano.com by Starr Law, P.C. (c) An offense under this section is a Class C misdemeanor. I was being accused of one of the worst things human being can be accused of. (last accessed Jun. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). (2) "Disabled individual" has the meaning assigned by Section 22.021(b). And sometimes, innocent Texans like you are falsely accused of child molestation. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). Section 21.11 Indecency With a Child, 1317), Sec. Amended by Acts 1983, 68th Leg., p. 509, ch. Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. Original Source: Texas Penal Code Sec. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. What should I do if I have been falsely accused of date rape? Sex crimes involving children are among the most serious crimes. You also may spend two to 10 years in prison. 1028, Sec. 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. 1038 (H.B. 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. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. 1.17, eff. 1804), Sec. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. 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. 399, Sec. 1232), Sec. 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 But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. The information on this site is not intended to be legal advice. It can also involve exposing the child to sexual behavior. A conviction of this nature often means prison time and getting your name on the sex offender registry. Even better, get some witnesses to vouch for your good conduct or relationship with the child. Absent this intent, the accusations may not hold up in a court. (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. This is a serious crime that the state of Texas does not take lightly. False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. Indecency with children is a serious matter, even if the allegation is a false one. Houston, TX 77003 The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. September 1, 2015. 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. 900, Sec. 2, eff. The elements Texas uses two categories for indecency with a child. Acts 2021, 87th Leg., R.S., Ch. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. 246), Sec. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 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. Section 230, and the disclosure or promotion consists of visual material provided by another person. The chances of accidental exposure are high, and you may land into a problem without any fault. 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falsely accused of indecency with a child in texas