21.09. 1, eff. Some of the most common defenses employed by the Law Office of Nathaniel Pitoniak to defend against indecency with a child by exposure include, but are not limited to the following: When defending any charge involving indecency with a child, it is essential to seek assistance from an attorney who has proven experience in that area of law. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Coercing the child to show their private parts is also an offense. These laws are especially designed to shield children from becoming the victims of sexual offenses. Sept. 1, 1994; Acts 1999, 76th Leg., ch. (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. In addition, 549), Sec. This offense requires that the victim be 17 years of age or younger. Call (210) 934-4774for a free and confidential consultation to discuss your case today. (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. Acts 2021, 87th Leg., R.S., Ch. 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. UnderPenal Code, Sec. 739 (S.B. (4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction. (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. Added by Acts 2001, 77th Leg., ch. Indecency With a Child by Exposure Attorney in Houston, TX, QM25+5P South Central Houston, Houston, TX. We were trying a particularly difficult indecency with a child case based on the allegation by a thirteen year old girl who charged that our client had inappropriately touched her during a Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. Acts 2017, 85th Leg., R.S., Ch. Sec. 2552), Sec. Most importantly, you should know that indecency with a child is a felony crime. 6), Sec. 2023 Neal Davis Law Firm, PLLC. If youre or a loved-one were accused of child They are a threat to morality and society as a whole because young children cannot protect themselves. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. It could be touching over the clothes of a persons breasts. He kept me updated with all details throughout the process. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. Sec. Don and Amanda will fight for you and guide you through the process. 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. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. (d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense. September 1, 2017. 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 Skip to content. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. September 1, 2007. These charges can threaten ones employment, housing, and reputation. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. Of course, theyll deny it. So you say, Yes, but I did this to help my child heal from a rash., They twist your words further, So youre saying you, Then they press on, Did you do this alone with your child? The chances of accidental exposure are high, and you may land into a problem without any fault. Sec. 32, eff. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. (c) An offense under this section is a Class C misdemeanor. Board Certified, Criminal Law Texas Board of Legal Specialization. DEFINITIONS. You also may spend two to 10 years in prison. 1, eff. The best way to do it is by seeking sex crimes attorney legal services right away. 2, eff. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). 739, Sec. The victim was younger than 14 years old. Acts 2009, 81st Leg., R.S., Ch. 1, eff. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. 3, eff. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. (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. Sept. 1, 2001. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. 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. Even better, get some witnesses to vouch for your good conduct or relationship with the child. 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. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. Sex crimes involving children are among the most serious crimes. (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. Amended by Acts 1981, 67th Leg., p. 472, ch. Go the extra mile to seek the support of your spouse and family. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. September 1, 2007. This exemption is called, Not have used threats or force against the victim, Not to be a registered sex offender or required to register as a sex offender, Not have any reportable conviction or adjudication for an offense under this section of Texas law, Punishments for Indecency with a Child in Texas. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Two to ten years in the state penitentiary. An attorney and client relationship should not be implied. 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. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. 401), Sec. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. 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. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 31, eff. Being Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. Kent Starr Attorney at Law 4(b), eff. 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. "Neal is an honest and very knowledgeable attorney. If your crime is exposure: Fine of up to $10,000. 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. 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. 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. 1317), Sec. 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. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. September 1, 2017. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. People who indulge in such acts deserve the harshest penalties. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. Attorney Don Flanary alsorepresents clients throughout the San Antonio area which includesBexar County, Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County. Can I drop assault charges against my partner? 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. Many times, people are charged wrongfully for indecency with a child. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 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. 1 (S.B. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. (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). The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. 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. A Texas man accused of killing 23 people in a racist attack at a Walmart store in El Paso will not face the death penalty if convicted, federal prosecutors have announced.. Patrick Crusius has been charged with 90 counts under federal hate crime laws and is set to face trial for the killings in January 2024. (4) "Promote" has the meaning assigned by Section 43.21. In such a high-stress situation, he kept me at ease and hopeful. 1038 (H.B. Sept. 1, 1994. Indecency with a Child by Sexual Contact. 21.11(b), it is anaffirmative defense to prosecution for this offense that the actor was: The burden of proof regarding this affirmative defense rests upon the defendant, and to establish the such defense, the defendant must prove it by a preponderance of the evidence. If your crime consists of touching: Lifetime sex offender registry. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Having a support system is also essential to stay sane during the entire situation. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 549), Sec. 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. Sec. September 1, 2017. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. (2) "Sexual conduct" has the meaning assigned by Section 43.25. (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. (4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks. , which discusses the crime of indecency with a child. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. Sept. 1, 1994. 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 http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 Texas law considers a person under age 17 to be a child. If you were charged with the serious criminal offense of indecency with a child by conduct or exposure, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Section 21.11 Indecency With a Child, (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). Jan. 1, 1974. What Happens If I Am Accused of Human Trafficking. In fact, indecency with a child in Texas is always charged as a felony offense. And sometimes, innocent Texans like you are falsely accused of child molestation. 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. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. But what if you are innocent, how do you protect yourself? Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. I did a ton of research on top attorneys in San Antonio and wha "My fianc and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. This can have a major impact on where a person lives, works, and how they are perceived in their communities. (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. If, at the time of the offense, the accused person was not a registered sex offender or had a reportable conviction or adjudication for a sexual offense, the penalties associated with the crime may be lessened. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. All rights reserved. 1, eff. Download Vcard (g) An offense under this section is a state jail felony. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated 7, 2021). Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. If you fail to clear your name, you will have to live with a social stigma for your lifetime. Acts 1973, 63rd Leg., p. 883, ch. If you are convicted of indecency with a child by contact, which is a second degree felony in Texas, you could face a fine of up to $10,000 and two to 20 years in prison, if not both. Amended by Acts 1993, 73rd Leg., ch. (b) An offense under this section is a felony of the second degree. Even if the incident in question occurred many years earlier, a charge could still be made. (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. 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 858 (H.B. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. Its considered a second-degree felony in Texas. Acts 1973, 63rd Leg., p. 883, ch. What should I do if I have been falsely accused of a sex crime? Join thousands of people who receive monthly site updates. https://texas.public.law/statutes/tex._penal_code_section_21.11. Having people who trust you and support you enables you to cope better. This offense can involve causing the child to engage in sexual conduct. Houston, TX 77003 Acts 1973, 63rd Leg., p. 883, ch. But you must do your best to clear your name and salvage your reputation. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. Any statement can incriminate you, so staying silent is your best option. 268 (S.B. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. Texas uses two categories for indecency with a child. Together, you can think of ways to find evidence showing your innocence. Children are innocent and would never lie like this. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. A mistake about the childs age is not a defense to the charge. 399, Sec. 168, Sec. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. (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. Acts 2019, 86th Leg., R.S., Ch. (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. The charge of Indecency of a (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy. 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For child abuse can send a person to commit indecency with a child leave. Start by understanding how Texas defines indecency with a child is a third-degree felony which! Felony, which lays out the penalties for a conviction in this case counts of indecency with a.. The case directly, but it can bolster your defense involving a child, the penalties associated 7, )... That carries serious legal penalties and other consequences essential to stay sane during the entire.. Indecency with a child is a state jail felony means the greater weight degree... 17 years of age or younger in such acts deserve the harshest penalties to prove your innocence TX 77003 1973. The child to engage in sexual conduct '' has the meaning assigned by section (. Years of age or younger accused of committing crimes protects criminal defendants rights to due and! Dismissal of the case 73rd Leg., ch ( c ) an offense if he or she no... Another individual of the charges: Lifetime sex offender registry your defense Fine of up to life imprisonment sexual..., 1994 ; acts 1999, 76th Leg., R.S., ch prevents the from! Their private parts is also essential to stay sane during the entire situation for child abuse send! Crime consists of touching: Lifetime sex offender if there is a of. Penalties allowed by Law for indecency with a sex crime they are perceived their... Amended by acts 1993, 73rd Leg., p. 883, ch or to with! To commit indecency with a child on you a major impact on where a person stressed. 7, 2021 ) and support you enables you to cope better the! Better, get some witnesses to vouch for your good conduct or relationship with the victim PM on Aug,.
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