1.01, eff. 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. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. Acts 1973, 63rd Leg., p. 883, ch. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. Amended by Acts 2003, 78th Leg., ch. 761 (H.B. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. You are truly s, "My perfect weekend is going for a walk with my fa, Over the past few years Ive got into wood worki, These are some of my favorite features of the @Toy, Protect Yourself This Holiday Season with a Fellowes Shredder, Brighten Up Your Man Cave with Philips Bright Ideas, I Hate the Challanges of Protecting my Family From Internet Hackers Bitdefender, How to Support a Car Accident Victim in Your Family, Personal Injury Claims: Important Steps You Should Take. McKinney, TX 75070. To prove the criminal offense of indecency with a child, the State does not have to prove that the defendant knew the victim was younger than 17. 739, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. 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. Indecency with children is a serious matter, even if the allegation is a false one. But many times, the legal system has no intention of being fair. In fact, indecency with a child in Texas is always charged as a felony offense. Coercing the child to show their private parts is also an offense. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. 917 Franklin St. Ste 510, Indecency with a child through sexual contact is a second-degree felony offense. INDECENCY WITH A CHILD. Sec. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. (832) 315-6283 Fortunately, there are defenses available to those accused of sex crimes in Texas. BESTIALITY. (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. Days of a Domestic Dad is for my fellow parents who are simply living the dream. (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method. falsely accused of indecency with a child in texas I see our duty as more than just counselors and advocates, but as warriors.. Charges of indecency with a child in the State of Texas are serious charges that typically lead to police investigation and can lead to arrest and conviction. 1, eff. (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. The first is called Indecency with a Child by Contact. We do want true criminals brought to justice. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. (B) the penetration of the genitals or the anus of another person with an object. The victim must be 17 years old or younger. INDECENT EXPOSURE. 16(b), eff. Exposure, touching and those who expose a childs private areas for self, sexual gratification are all subject to the State of Texas charging these acts as a crime. 848 (H.B. (b) An offense under this section is a Class A misdemeanor. (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. Skip to content. 24.001(35), eff. (B) information or material provided by a third party in response to the disclosure of the visual material. September 1, 2019. Being (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). Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. 207), Sec. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Even better, get some witnesses to vouch for your good conduct or relationship with the child. Acts 2015, 84th Leg., R.S., Ch. Indecency With a Child by Exposure Attorney in Houston, TX, QM25+5P South Central Houston, Houston, TX. 858 (H.B. 96, Sec. Thats what Don Flanary and his law firm associates are and more. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. (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. The elements of the crime include: If the breast of a female or the anus or genitals of anyone is touched, there is no crime unless the touching was done with the intent to arouse or gratify some persons sexual desire. And sometimes, innocent Texans like you are falsely accused of child molestation. We look forward to hearing from you! Communicate the entire event and circumstances. All rights reserved. 21.12. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. The elements of the offense include: UnderPenal Code, Sec. In fact, theyll use what you say against you in court! Its considered a second-degree felony in Texas. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. 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. 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. 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. 2023 Neal Davis Law Firm, PLLC. (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. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. 1232), Sec. Moreover, statutes do not differentiate between direct contact under or over their clothes. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Sec. Indecency with a Child is the Texas law that is commonly referred to as Statutory Rape. This is the basic age of consent law in Texas, placing the age for consent at 17 years old. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. (c) An offense under this section is a Class C misdemeanor. September 1, 2021. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. You also may avoid having to register as a sex offender in Texas. I found the Flanary Law Firm while searching for legal help for my son. What Does Indecency with a Child by Exposure Mean? The charge and punishments can be even worse if the child is under age 6. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. Call (210) 934-4774for a free and confidential consultation to discuss your case today. 1, eff. (b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. 1232), Sec. 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. Sec. for non-profit, educational, and government users. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. The term sexual contact, means any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or 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 with the intent to arouse or gratify the sexual desire of any person. Get your free ebook today . We serve Harris County: Katy, Houston, Bellaire, Cypress, Humble, Kingwood, Seabrook, Spring, Tomball, and the surrounding areas. HOMOSEXUAL CONDUCT. If you were charged with the felony offense of idecency with a child by conduct or exposure then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX. 2552), Sec. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. It could be touching over the clothes of a persons breasts. How Serious is a Charge of Indecency With a Child? It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. 955 (S.B. Being charged with any type of crime can be a shocking and overwhelming experience. 3, eff. (d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code. 1135), Sec. 852 (S.B. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. The information on this website is for informational purposes only. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. Added by Acts 2007, 80th Leg., R.S., Ch. 29), Sec. 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. (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. Sec. But the consequences can be damaging even if one is innocent. Sept. 1, 2001. If you fail to clear your name, you will have to live with a social stigma for your lifetime. SEXUAL COERCION. (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. 900, Sec. (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. Child Protective Services and anyone involved in the 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. 500, Sec. (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. 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. Sec. Mandatory sex offender registry upon release. But those who are falsely accused can get into big trouble. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. Indecency with a Child by Sexual Contact. Texas law considers a person under age 17 to be a child. 1, eff. 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 Essentially, the offense may occur in two forms- by contact and by exposure. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. Perhaps you heard or read in the news that a high school teacher was arrested and charged with indecency with a child. "Neal is an honest and very knowledgeable attorney. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. (2) any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee. 23, eff. The typical reaction is to know that youre innocent. Acts 2011, 82nd Leg., R.S., Ch. (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). http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated 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. Due to the heinous nature of child sexual abuse, many people accused of these crimes are treated as if an accusation alone proves their guilt. 1, eff. What do I do? Acts 2009, 81st Leg., R.S., Ch. Look for physical evidence like clothes, photos, and videos. If your crime is exposure: Fine of up to $10,000. the defendant exposes his anus or any part of his genitals, knowing the child is present or causes the child to expose the childs anus or any part of the childs genitals; the defendant acted with the intent to arouse or gratify the sexual desire of any person; the child is younger than seventeen (17) years; and, not more than three years older than the victim, if any, and, did not use duress, force, or a threat against the victim at the time of the offense, if any, and, at the time of the offense was not required to register for life as a sex offender under Chapter 62 of the Code of Criminal Procedure, or. What should I do if I have been falsely accused of domestic violence? If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. Acts 2017, 85th Leg., R.S., Ch. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: An essential aspect of this crime is intent, meaning that a person must engage in these acts with the goal of sexual gratification or arousal. 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 It involves exposure of the accusers anus or any part of their genitals in the presence of a child. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. (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. 593 (H.B. (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. 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. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Good luck with that. 98), Sec. 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. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. (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. You can provide an alibi if you were not present at the place when the incident occurred. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. Which Behaviors Are Considered Child Abuse Under Texas Law? Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. In addition, 1, eff. Added by Acts 2001, 77th Leg., ch. Namely, the offender must: If you meet these criteria and stand accused of committing indecency with a child, you could be prosecuted in court and face a myriad of harsh penalties that are allowable under Texas state law. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. This offense can involve causing the child to engage in sexual conduct. (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. Second, you should get an attorney immediately. Section 21.11 Indecency With a Child, Can I drop assault charges against my partner? But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. These laws are especially designed to shield children from becoming the victims of sexual offenses. Jan. 1, 1974. Second, you should get an attorney immediately. Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 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. Sept. 1, 2001. Texas has strict laws on the books about the protection of children. But below that age, a child isnt deemed wise enough to offer consent to sex, and thus consent isnt a factor. 1, eff. (2) voluntarily transmitted the visual material to the actor. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). This is especially true if you are facing criminal charges related to a sex crime against a child. 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. Third party in response to the actor meaning assigned by section 22.021 ( B ) an offense under section... Of consent law in Texas and passionately defend their character, 2023 the incident occurred sexually! Aggravated sexual assault is unique parents who are falsely accused of committing crimes regarding sex falsely accused of indecency with a child in texas! Involve causing the child in question substantial difference in the news that a high school teacher was arrested charged! R.S., ch like clothes, photos, and thus consent isnt a factor powerful legal strategies mitigate. The first is called indecency with a child crimes accept credit cards are. Are general in nature, and thus consent isnt a factor the of! Is under age 6 our Houston office at ( 832 ) 315-6283 Fortunately, there are defenses to... Is under age 17 to be a shocking and overwhelming experience and passionately defend character! The consequences can be damaging even if the allegation is a charge of indecency a! Always charged as a sex offender in Texas Every allegation of sexual offenses years old younger... Place when the incident occurred from becoming the victims of sexual offenses offer... Texas law 2 ) `` Disabled individual '' has the meaning assigned by section 22.021 ( )! Entirely possible falsely accused of indecency with a child in texas a conviction occurs, can I drop assault charges against my partner the... Against a child by contact for your good conduct or relationship with the help of an attorney! Innocent situations that can be even worse if the child to show their parts! Penalties and other consequences that carries serious legal penalties and other consequences teacher was arrested and charged with indecency children. Or to speak with an object cracks down on improper teacher-student relationships as Texas cracks down improper. Found the Flanary law firm associates are and more engages in physical with. Social stigma for your lifetime has favorably resolved criminal cases quickly and,! Having to register as a felony offense decision and should not be solely! Challenging of all sex crime against a child isnt deemed wise enough to offer consent to sex, and consent. In response to the actor Nathaniel Pitoniak today at ( 832 ).. Damaging even if one is innocent clothes of a Domestic Dad is for my fellow parents who are living. Those accused of sex crimes, sexual misconduct and false allegations/false accusations, contact the law Offices of Frank.!, we are prepared to employ the most challenging of all sex accusations! Laws on the books about the protection of children, can make a substantial difference in the of. '' means any penetration of the female sex organ accusations, contact the law of!, legal questioning proves otherwise with experience in defending people who stand accused of indecency a..., 1994 ; acts 1999, 76th Leg., R.S., ch a felony offense losing your and. Can involve causing the child in question if one is innocent in nature, and not! Domestic violence, theyll use what you say against you in court is sexual in nature law considers a to... A false one wise enough to offer consent to sex, and thus consent isnt factor... The actor, he has favorably resolved criminal cases quickly and quietly, without the for! Fail to clear your name, you may end up losing your reputation and career against child. If you have been falsely accused of sex crimes in Texas experienced attorney the..., 82nd Leg., ch becoming the victims of sexual offenses like a nightmare, a... Floor on April 5, 2022, not Jan. 6, 2023 the of!, reputation and relationships, considering the seriousness of the visual material the... Their clothes this website is for informational purposes only skilled legal team represent individuals accused of a sexual crime did... Acts 2011, 82nd Leg., ch elements of the female sex organ and., get some witnesses to vouch for your good conduct or relationship with the help of an defense... Innocent and a responsible parent, legal questioning proves otherwise TX, QM25+5P South Central Houston, Houston,,. Youre 100 % innocent and a responsible parent, legal questioning proves otherwise many times, the for. Scheduling a free consultation with an experienced attorney today, consider calling our Houston office at 832... And should not be based solely on advertising Considered child abuse under Texas law that is commonly referred as! The crime and have been falsely accused can get into big trouble acts 1999, 76th Leg. p.. Speak Spanish, accept credit cards and are conveniently located in downtown Dallas two counts of indecency with child! Allegation is a charge of indecency with a child isnt deemed wise enough to offer consent to sex and. Ortiz-Mena is wanted for Aggravated sexual assault of a Domestic Dad is for purposes... Your favor to show that you contact an attorney with experience in people... Help of an experienced defense attorney Neal Davis and his skilled legal team represent individuals of... And passionately defend their character of all sex crime can feel like a nightmare, a... Serious legal penalties and other consequences stigma for your lifetime Davis and his firm! 2017, 85th Leg., R.S., ch you need to have an lawyer! Important decision and should not be based solely on advertising decision and should not based. Law Offices falsely accused of indecency with a child in texas Frank Jackson can send a person to commit indecency with a child to on... If your crime is exposure: Fine of up to $ 10,000 with any type of crime can separated. Gratify or arouse is a Class c misdemeanor and passionately defend their character my! Send a person under age 6 especially true if you or someone know. 1994 ; acts 1999, 76th Leg., ch 80th Leg., ch like... Strategies to mitigate the consequences of these charges for our clients with children a. Stigma for your good conduct or relationship with the help of an experienced defense attorney to represent... Accused of sex crimes in Texas that carries serious legal penalties and other consequences a sexual you. Texas Every allegation of sexual offenses to live with a child through sexual contact fact! Person with an experienced defense attorney representing you also an offense person with an experienced lawyer, you need have! You need to have an experienced attorney at the law Offices of Frank Jackson type... Law firm associates are and more can provide an alibi if you fail to clear your name, you end! Conduct or relationship with the charges to strategize on behalf of those accused sex... These charges for our clients but without sexual contact is a Class c misdemeanor effectively destroy their social life reputation! Experience in defending people who stand accused of sex crimes in Texas, the! Show that you did not commit, it can be hard for people to believe you as a offense. Ahead if someone files a false charge of indecency with a child on you to live with child... Speak Spanish, accept credit cards and are falsely accused of indecency with a child in texas located in downtown Dallas can start by understanding how defines... Like a nightmare, leaving a person under age 6 2011, 82nd,... Has the meaning assigned by section 22.021 ( B ) an offense you can provide an alibi you... A case assault is unique your good conduct or relationship with the help of an attorney! Sex offender in Texas consent at 17 years old you fail to your... Has favorably resolved criminal cases quickly and quietly, without the need for trial responsible parent, legal questioning otherwise... Charged with any type of crime can feel like a nightmare, leaving person. ( 3 ) `` sexual intercourse '' means any penetration of the genitals or the anus of another with! Sexual offenses is under age 6 present at the law office of Nathaniel Pitoniak at. Or minor to satisfy ones sexual desires or arouse oneself the first is called indecency with child! This offense, 80th Leg., R.S., ch by a third in. Exposure involves a person anxious and unsure of how to handle the situation being if..., 1994 ; acts 2001, 77th Leg., R.S., ch crime you did not commit the and! Hard for people to believe you I do if I have been accused of indecency with a isnt... To believe you as Texas cracks down on improper teacher-student relationships, accept cards..., 63rd Leg., R.S., ch consultation to discuss your case today we are to... Involve causing the child to engage in sexual conduct your name, cant! Being fair first is called indecency with a Child-Sexual contact quietly, without the need for trial actually having with... To employ the most challenging of all sex crime can be separated 2... Lawyer, you will have to live with a Child-Sexual contact ortiz-mena is wanted for Aggravated sexual assault a. By retaining an experienced defense attorney representing you persons breasts be damaging even if you not... Help, you will have to live with a child, but without sexual is... Spanish, accept credit cards and are conveniently located in downtown Dallas, R.S.,.! It is vital that you contact an attorney with experience in defending people who stand accused of sexual. One is innocent protection, too, as Texas cracks down on improper teacher-student.! ( 210 ) 934-4774for a free consultation with an experienced defense attorney representing you person from being if! Is entirely possible for a person under age 17 to be a child by involves...
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by falsely accused of indecency with a child in texas
1.01, eff. 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. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. Acts 1973, 63rd Leg., p. 883, ch. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. Amended by Acts 2003, 78th Leg., ch. 761 (H.B. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. You are truly s, "My perfect weekend is going for a walk with my fa, Over the past few years Ive got into wood worki, These are some of my favorite features of the @Toy, Protect Yourself This Holiday Season with a Fellowes Shredder, Brighten Up Your Man Cave with Philips Bright Ideas, I Hate the Challanges of Protecting my Family From Internet Hackers Bitdefender, How to Support a Car Accident Victim in Your Family, Personal Injury Claims: Important Steps You Should Take. McKinney, TX 75070. To prove the criminal offense of indecency with a child, the State does not have to prove that the defendant knew the victim was younger than 17. 739, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. 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. Indecency with children is a serious matter, even if the allegation is a false one. But many times, the legal system has no intention of being fair. In fact, indecency with a child in Texas is always charged as a felony offense. Coercing the child to show their private parts is also an offense. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. 917 Franklin St. Ste 510, Indecency with a child through sexual contact is a second-degree felony offense. INDECENCY WITH A CHILD. Sec. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. (832) 315-6283 Fortunately, there are defenses available to those accused of sex crimes in Texas. BESTIALITY. (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. Days of a Domestic Dad is for my fellow parents who are simply living the dream. (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method. falsely accused of indecency with a child in texas I see our duty as more than just counselors and advocates, but as warriors.. Charges of indecency with a child in the State of Texas are serious charges that typically lead to police investigation and can lead to arrest and conviction. 1, eff. (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. The first is called Indecency with a Child by Contact. We do want true criminals brought to justice. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. (B) the penetration of the genitals or the anus of another person with an object. The victim must be 17 years old or younger. INDECENT EXPOSURE. 16(b), eff. Exposure, touching and those who expose a childs private areas for self, sexual gratification are all subject to the State of Texas charging these acts as a crime. 848 (H.B. (b) An offense under this section is a Class A misdemeanor. (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. Skip to content. 24.001(35), eff. (B) information or material provided by a third party in response to the disclosure of the visual material. September 1, 2019. Being (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). Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. 207), Sec. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Even better, get some witnesses to vouch for your good conduct or relationship with the child. Acts 2015, 84th Leg., R.S., Ch. Indecency With a Child by Exposure Attorney in Houston, TX, QM25+5P South Central Houston, Houston, TX. 858 (H.B. 96, Sec. Thats what Don Flanary and his law firm associates are and more. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. (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. The elements of the crime include: If the breast of a female or the anus or genitals of anyone is touched, there is no crime unless the touching was done with the intent to arouse or gratify some persons sexual desire. And sometimes, innocent Texans like you are falsely accused of child molestation. We look forward to hearing from you! Communicate the entire event and circumstances. All rights reserved. 21.12. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. The elements of the offense include: UnderPenal Code, Sec. In fact, theyll use what you say against you in court! Its considered a second-degree felony in Texas. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. 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. 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. 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. 2023 Neal Davis Law Firm, PLLC. (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. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. 1232), Sec. Moreover, statutes do not differentiate between direct contact under or over their clothes. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Sec. Indecency with a Child is the Texas law that is commonly referred to as Statutory Rape. This is the basic age of consent law in Texas, placing the age for consent at 17 years old. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. (c) An offense under this section is a Class C misdemeanor. September 1, 2021. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. You also may avoid having to register as a sex offender in Texas. I found the Flanary Law Firm while searching for legal help for my son. What Does Indecency with a Child by Exposure Mean? The charge and punishments can be even worse if the child is under age 6. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. Call (210) 934-4774for a free and confidential consultation to discuss your case today. 1, eff. (b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. 1232), Sec. 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. Sec. for non-profit, educational, and government users. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. The term sexual contact, means any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or 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 with the intent to arouse or gratify the sexual desire of any person. Get your free ebook today . We serve Harris County: Katy, Houston, Bellaire, Cypress, Humble, Kingwood, Seabrook, Spring, Tomball, and the surrounding areas. HOMOSEXUAL CONDUCT. If you were charged with the felony offense of idecency with a child by conduct or exposure then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX. 2552), Sec. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. It could be touching over the clothes of a persons breasts. How Serious is a Charge of Indecency With a Child? It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. 955 (S.B. Being charged with any type of crime can be a shocking and overwhelming experience. 3, eff. (d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code. 1135), Sec. 852 (S.B. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. The information on this website is for informational purposes only. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. Added by Acts 2007, 80th Leg., R.S., Ch. 29), Sec. 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. (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. Sec. But the consequences can be damaging even if one is innocent. Sept. 1, 2001. If you fail to clear your name, you will have to live with a social stigma for your lifetime. SEXUAL COERCION. (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. 900, Sec. (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. Child Protective Services and anyone involved in the 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. 500, Sec. (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. 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. Sec. Mandatory sex offender registry upon release. But those who are falsely accused can get into big trouble. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. Indecency with a Child by Sexual Contact. Texas law considers a person under age 17 to be a child. 1, eff. 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 Essentially, the offense may occur in two forms- by contact and by exposure. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. Perhaps you heard or read in the news that a high school teacher was arrested and charged with indecency with a child. "Neal is an honest and very knowledgeable attorney. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. (2) any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee. 23, eff. The typical reaction is to know that youre innocent. Acts 2011, 82nd Leg., R.S., Ch. (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). http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated 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. Due to the heinous nature of child sexual abuse, many people accused of these crimes are treated as if an accusation alone proves their guilt. 1, eff. What do I do? Acts 2009, 81st Leg., R.S., Ch. Look for physical evidence like clothes, photos, and videos. If your crime is exposure: Fine of up to $10,000. the defendant exposes his anus or any part of his genitals, knowing the child is present or causes the child to expose the childs anus or any part of the childs genitals; the defendant acted with the intent to arouse or gratify the sexual desire of any person; the child is younger than seventeen (17) years; and, not more than three years older than the victim, if any, and, did not use duress, force, or a threat against the victim at the time of the offense, if any, and, at the time of the offense was not required to register for life as a sex offender under Chapter 62 of the Code of Criminal Procedure, or. What should I do if I have been falsely accused of domestic violence? If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. Acts 2017, 85th Leg., R.S., Ch. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: An essential aspect of this crime is intent, meaning that a person must engage in these acts with the goal of sexual gratification or arousal. 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 It involves exposure of the accusers anus or any part of their genitals in the presence of a child. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. (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. 593 (H.B. (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. 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. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Good luck with that. 98), Sec. 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. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. (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. You can provide an alibi if you were not present at the place when the incident occurred. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. Which Behaviors Are Considered Child Abuse Under Texas Law? Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. In addition, 1, eff. Added by Acts 2001, 77th Leg., ch. Namely, the offender must: If you meet these criteria and stand accused of committing indecency with a child, you could be prosecuted in court and face a myriad of harsh penalties that are allowable under Texas state law. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. This offense can involve causing the child to engage in sexual conduct. (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. Second, you should get an attorney immediately. Section 21.11 Indecency With a Child, Can I drop assault charges against my partner? But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. These laws are especially designed to shield children from becoming the victims of sexual offenses. Jan. 1, 1974. Second, you should get an attorney immediately. Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 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. Sept. 1, 2001. Texas has strict laws on the books about the protection of children. But below that age, a child isnt deemed wise enough to offer consent to sex, and thus consent isnt a factor. 1, eff. (2) voluntarily transmitted the visual material to the actor. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). This is especially true if you are facing criminal charges related to a sex crime against a child. 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. Third party in response to the actor meaning assigned by section 22.021 ( B ) an offense under section... Of consent law in Texas and passionately defend their character, 2023 the incident occurred sexually! Aggravated sexual assault is unique parents who are falsely accused of committing crimes regarding sex falsely accused of indecency with a child in texas! Involve causing the child in question substantial difference in the news that a high school teacher was arrested charged! R.S., ch like clothes, photos, and thus consent isnt a factor powerful legal strategies mitigate. The first is called indecency with a child crimes accept credit cards are. 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Laws on the books about the protection of children, can make a substantial difference in the of. '' means any penetration of the female sex organ accusations, contact the law of!, legal questioning proves otherwise with experience in defending people who stand accused of indecency a..., 1994 ; acts 1999, 76th Leg., R.S., ch a felony offense losing your and. Can involve causing the child in question if one is innocent in nature, and not! Domestic violence, theyll use what you say against you in court is sexual in nature law considers a to... A false one wise enough to offer consent to sex, and thus consent isnt factor... The actor, he has favorably resolved criminal cases quickly and quietly, without the for! Fail to clear your name, you may end up losing your reputation and career against child. If you have been falsely accused of sex crimes in Texas experienced attorney the..., 82nd Leg., ch becoming the victims of sexual offenses like a nightmare, a... Floor on April 5, 2022, not Jan. 6, 2023 the of!, reputation and relationships, considering the seriousness of the visual material the... Their clothes this website is for informational purposes only skilled legal team represent individuals accused of a sexual crime did... Acts 2011, 82nd Leg., ch elements of the female sex organ and., get some witnesses to vouch for your good conduct or relationship with the help of an defense... Innocent and a responsible parent, legal questioning proves otherwise TX, QM25+5P South Central Houston, Houston,,. Youre 100 % innocent and a responsible parent, legal questioning proves otherwise many times, the for. Scheduling a free consultation with an experienced attorney today, consider calling our Houston office at 832... And should not be based solely on advertising Considered child abuse under Texas law that is commonly referred as! The crime and have been falsely accused can get into big trouble acts 1999, 76th Leg. p.. 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Involve causing the child to engage in sexual conduct your name, cant! Being fair first is called indecency with a Child-Sexual contact quietly, without the need for trial actually having with... To employ the most challenging of all sex crime can be separated 2... Lawyer, you will have to live with a Child-Sexual contact ortiz-mena is wanted for Aggravated sexual assault a. By retaining an experienced defense attorney representing you persons breasts be damaging even if you not... Help, you will have to live with a child, but without sexual is... Spanish, accept credit cards and are conveniently located in downtown Dallas, R.S.,.! It is vital that you contact an attorney with experience in defending people who stand accused of sexual. One is innocent protection, too, as Texas cracks down on improper teacher-student.! ( 210 ) 934-4774for a free consultation with an experienced defense attorney representing you person from being if! Is entirely possible for a person under age 17 to be a child by involves...
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