(3) a monetary benefit or other benefit of value. September 1, 2007. Notably the jury does not have to agree on Sept. 1, 2001. 8), Sec. 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. (832) 315-6283 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 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. Results noted are not predictive of future results. 98), Sec. Sec. Alternatively, one must have caused a child who is 17 years of age and younger to expose any part of their genitals or anus for the sole purpose of the adult becoming sexually aroused or gratifying their own sexual desire. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. Indecency with a child through sexual contact is a second-degree felony offense. It can also involve exposing the child to sexual behavior. But what if you are innocent, how do you protect yourself? (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. Even if the incident in question occurred many years earlier, a charge could still be made. The first is called Indecency with a Child by Contact. Sept. 1, 2003. HOMOSEXUAL CONDUCT. Its vital to explore the evidence and get to the heart of the matter. 7), Sec. (2) in connection with the threatened disclosure. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Starr Law, P.C. 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. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. Added by Acts 2015, 84th Leg., R.S., Ch. 1038 (H.B. 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. 375), Sec. For more information or to s. Get in touch and we'll get back to you as soon as we can. 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. (g) An offense under this section is a state jail felony. If your crime is exposure: Fine of up to $10,000. The first is called Indecency with a Child by Contact. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. A child under the age of 17 (so that is a 16 year old or below) cannot consent to any sexual acts with an adult, except under a few narrowly defined exceptions. Sec. 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, 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. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. How Do Prosecutors Prove Intent to Distribute in Texas? (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. (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. Sec. Acts 2017, 85th Leg., R.S., Ch. (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. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 When you find yourself the target of an investigation of committing a sexual offense against a child, you need to know how to defend yourself. 260 (H.B. 2, eff. (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. It is natural to feel stressed and unhappy when facing such serious allegations. SEXUAL COERCION. Fortunately, there are defenses available to those accused of sex crimes in Texas. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. September 1, 2017. In fact, theyll use what you say against you in court! 3, 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. 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. Sec. The charge of Indecency of a With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 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. 1028, Sec. Its considered a second-degree felony in Texas. 306 (H.B. 1, 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. 549), Sec. Skip to content. People who indulge in such acts deserve the harshest penalties. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. This exemption is called the Romeo and Juliet clause, or close in age exemption. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. In fact, indecency with a child in Texas is always charged as a felony offense. 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. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. (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. INVASIVE VISUAL RECORDING. 21.01. 268 (S.B. (2) conduct an investigation of the accusation. Join thousands of people who receive monthly site updates. June 18, 2015. What should I do if my spouse calls the police on me? Perhaps you have found yourself in some legal trouble and you are not sure what to do next. What about sports teams that must change and shower when coaches are present? A conviction of this nature often means prison time and getting your name on the sex offender registry. (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. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. 1232), Sec. 772 (H.B. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1.02, eff. Child Protective Services and anyone involved in the Coercing the child to show their private parts is also an offense. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. Indecency with a child by exposure is a third-degree felony in the state of Texas. If you choose to submit yourself to an investigation without, The investigator asks, Have you ever given your child lotion for a diaper rash?, They now twist your words, and ask in an intimidating tone, So you touched your childs genitals?, Of course, you did, but for hygiene purposes. The information on this website is for informational purposes only. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. Acts 1973, 63rd Leg., p. 883, ch. VOYEURISM. The victim must be 17 years old or younger. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. 6.04, eff. (4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through: (A) any accompanying or subsequent information or material related to the visual material; or. (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). Great office staff and assistants. 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 And sometimes, innocent Texans like you are falsely accused of child molestation. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. (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. Home > Blog > Understanding Texas Law: Indecency With a Child. 21.17. It is crucial to understand the implications and plan a defense strategy to prove your innocence. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. 1.01, eff. If the victim and the offender are married, the offender may not be able to be charged with this crime. 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. 399, Sec. 1, eff. Mandatory sex offender registry upon release. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. 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. (10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4). However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. We attempt to provide quality information, but the law changes frequently, and varies from place to place. (B) the penetration of the genitals or the anus of another person with an object. (2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above. September 1, 2005. 1488), Sec. 24.001(35), eff. 260 (H.B. 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. (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. September 1, 2007. (e) It is not a defense to prosecution under this section that the depicted person: (1) created or consented to the creation of the visual material; or. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. Sept. 1, 1981; Acts 1987, 70th Leg., ch. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. I lost ", He doesn't give up, no matter what you're up against. 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. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Texas Penal Code Sec. 900, Sec. (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. What is the Penalty for Indecency with a Child in Texas? Two to ten years in the state penitentiary. September 1, 2007. September 1, 2021. Sec. These charges can threaten ones employment, housing, and reputation. This offense requires that the victim be 17 years of age or younger. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. The US Department of Justice announced its decision to not seek (2) "Sexual conduct" has the meaning assigned by Section 43.25. A mistake about the childs age is not a defense to the charge. Sec. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. 739 (S.B. 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. 955 (S.B. 21.08. 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. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. (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). The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. 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. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). All rights reserved. September 1, 2009. 2789), Sec. McKinney, TX 75070. Acts 2011, 82nd Leg., R.S., Ch. (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). How do we know you touched your child for hygiene purposes?. falsely accused of indecency with a child in texas I was being accused of one of the worst things human being can be accused of. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. 21.16. We do want true criminals brought to justice. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless. These punishments can take a grave toll not only on your reputation but also your freedom and future. Download Vcard If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. Any statement can incriminate you, so staying silent is your best option. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. 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. Jan. 1, 1974. September 1, 2017. (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. 3, eff. Section 230, and the disclosure or promotion consists of visual material provided by another person. 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." Because you know this, you think that talking to the authorities to clear this up is all you need to do. 96, Sec. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. (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. 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