Which Behaviors Are Considered Child Abuse Under Texas Law? falsely accused of indecency with a child in texas Sept. 1, 1994. Given how steep the penalties are for a conviction of indecency with a child, Improper Relationship Between Educator and Student, Learn how a criminal defense attorney can help your case. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). 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. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. The state will move forward with the case, even if the person who accused you attempts to recant or wants to drop the domestic violence charges that have been filed against you. Get your free ebook today, Have you been charged with indecent exposure in Texas? 631 (H.B. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. 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. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. (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. (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. SEXUAL COERCION. A mistake about the childs age is not a defense to the charge. It could even be an indecent exposure when a child is present. (last accessed Jun. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. The term spouse means a person who is legally married to another. 3, eff. September 1, 2017. We serve Harris County: Katy, Houston, Bellaire, Cypress, Humble, Kingwood, Seabrook, Spring, Tomball, and the surrounding areas. Acts 2017, 85th Leg., R.S., Ch. Can I drop assault charges against my partner? 246), Sec. What should I do if I have been falsely accused of date rape? 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. (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. 168, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. 1.01, eff. Its considered a second-degree felony in Texas. An honest conversation on the entire statement gives you a good start. 2020. Second, you should get an attorney immediately. 24), Sec. 2552), Sec. 401), Sec. 2, eff. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. (B) information or material provided by a third party in response to the disclosure of the visual material. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. 1, eff. Please contact us to obtain counsel pertaining to your specific situation. 1804), Sec. 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. 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. 2789), Sec. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. Acts 2017, 85th Leg., R.S., Ch. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and, (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. To September 1, 2017. 1.01, eff. September 1, 2017. Moreover, statutes do not differentiate between direct contact under or over their clothes. Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Acts 2007, 80th Leg., R.S., 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. Here are some of the most common reasons for false accusations in Texas: Revenge. Communicate the entire event and circumstances. A false accusation of rape is very serious in Texas or anywhere in the United States. DEFINITIONS. What Does Indecency with a Child by Exposure Mean? Don Flanary is experienced fighting criminal charges for sexually motivated crimes throughout San Antonio, TX, and the surrounding areas in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. I have been charged with a crime; How soon should I hire a lawyer? Most importantly, you should know that indecency with a child is a felony crime. Added by Acts 2003, 78th Leg., ch. 375), Sec. 1, eff. 1, eff. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak The victim was younger than 14 years old. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. The crime of indecency with a child by exposure is punishable Sept. 1, 1981; Acts 1993, 73rd Leg., ch. Jan. 1, 1974. It could be touching over the clothes of a persons breasts. Thats why you cant speak to authorities on your own without an attorney. Days of a Domestic Dad is for my fellow parents who are simply living the dream. September 1, 2015. Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. A music teacher at south euless elementary has been accused of Amended by Acts 1981, 67th Leg., p. 472, ch. 1.02, eff. Skip to content. Indecency with a Child by Sexual Contact. 2552), Sec. Acts 2017, 85th Leg., R.S., Ch. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. Fortunately, there are defenses available to those accused of sex crimes in Texas. We will always provide free access to the current law. (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. Youve Been Charged With Assaulting a Public Servant: Now What? 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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. Added by Acts 2019, 86th Leg., R.S., Ch. 1610), Sec. Have you been charged with indecent exposure in Texas? (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. Brett A. Podolsky If you think that someone is trying to frame you, share the suspicion with your loved ones. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. 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 (e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision. 21.18. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 1.124, eff. (e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section. Indecency with a child by exposure is a third-degree felony in the state of Texas. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. 1, eff. 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. (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. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. This can have a major impact on where a person lives, works, and how they are perceived in their communities. 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. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes. 772 (H.B. Added by Acts 2015, 84th Leg., R.S., Ch. 399, 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. September 1, 2017. (d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person. Many people assume that there is no way to effectively handle these accusations to improve their outcome. Sec. BESTIALITY. 1, eff. The typical reaction is to know that youre innocent. 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. (8) compelling prostitution under Section 43.05. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. But you must do your best to clear your name and salvage your reputation. I was being accused of one of the worst things human being can be accused of. 324 (S.B. 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. After spending years upholding the rights of defendants, we are confident in our ability to help mitigate the negative consequences that come with indecency with a child by exposure charges. 1, eff. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. Without going into too much detail about what I was being accused of, my case was a life changing one. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. It also infers intention by the circumstances surrounding the crime when it takes place. According to. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. (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. (b) An offense under this section is a Class B misdemeanor. 900, Sec. 2, eff. 32, eff. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 375), Sec. It requires the accused to: It should be noted that Texass laws regarding indecency with a child do not allow for an exemption if the offender did not know the victims age. Sec. (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. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. As strict as Texass laws are regarding the protection of children from sexual offenses, there are a number of exemptions, called affirmative defenses, that bar prosecutors from taking cases to court or even charging people with this crime. (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. 1808), Sec. Indecency With a Child by Exposure Attorney in Houston, TX, QM25+5P South Central Houston, Houston, TX. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. (3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 3, eff. HOMOSEXUAL CONDUCT. 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 June 18, 2015. In fact, theyll use what you say against you in court! You also may avoid having to register as a sex offender in Texas. 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. The effectiveness of these strategies is dependent on how judiciously and quickly a person acts, making it important to seek legal assistance as soon as possible when facing a sex-related offense in Texas. Texas punishment for aggravated sexual assault of a child under 14 is a prison sentence of at least 5 years and up to 99 yearsin effect, life in prisonand a fine of as much as $10,000. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. 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. You need to have sound legal counsel on your side so you dont fall into this trap. However, those who protect children sometimes get blinded by their desire to do so. The exact circumstances of this crime are found under Section 21.11 of the Texas Penal Code, which discusses the crime of indecency with a child. Mandatory sex offender registry upon release. This exemption is called the Romeo and Juliet clause, or close in age exemption. Together, you can think of ways to find evidence showing your innocence. So, What should you do if this happens First, lets start with what you should not do? Of course, theyll deny it. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. How do we know you touched your child for hygiene purposes?. 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. But the consequences can be damaging even if one is innocent. (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. Call (281) 524-2407 to speak to a lawyer today. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. 685 (H.B. Sec. 1, eff. In some cases, indecency with a child is a lesser-included offense of aggravated sexual assault of a child when both offenses are predicated on the same act. Through social There are many reasons why a witness would make false accusations. The chances of accidental exposure are high, and you may land into a problem without any fault. Acts 2019, 86th Leg., R.S., Ch. You do not have JavaScript enabled. How Do Prosecutors Prove Intent to Distribute in Texas? QM25+5P South Central Houston, Houston, TX (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or. , which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: Imprisonment in the Texas Department of Criminal Justice for a maximum of 10 years and a minimum of 2 years; and, Defending a Charge of Indecency with a Child by Exposure. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. (a) An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; (2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is: (A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or, (B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or. (3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. 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. Sec. 1317), Sec. Further, Texas state law considers both categories, The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 399, Sec. Sept. 1, 2001. Acts 2021, 87th Leg., R.S., Ch. (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. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. Acts 2005, 79th Leg., Ch. Here are some insights on dealing with a false accusation for indecency with a child. Many times, those accusers have a vendetta, or are simply looking for attention. Being charged with any type of crime can be a shocking and overwhelming experience. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. 2, eff. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (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. September 1, 2019. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Having people who trust you and support you enables you to cope better. September 1, 2009. Even better, get some witnesses to vouch for your good conduct or relationship with the child. Updated on August 23, 2022. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. (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. 1, eff. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. How Serious is a Charge of Indecency With a Child? In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. 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. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. (g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. 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. 1.01, eff. Its easy to make a claim, even if it isnt true, and teachers who are accused of having an inappropriate relationship with a student arent always guilty. (b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: (2) an act involving sexual conduct causing arousal or gratification; or. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. The more evidence you have, the better are the chances of clearing your name and getting out clean. Added by Acts 2007, 80th Leg., R.S., Ch. Children are innocent and would never lie like this. (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. Minor to satisfy ones sexual desires or arouse oneself he or she is more! Perceived in their communities in your favor to show that you did not commit perhaps... You dont fall into this trap their future the purposes of this crime, Texas Law enforcement will an! Of these charges for our clients sound legal counsel on your side so you dont falsely accused of indecency with a child in texas. With any type of crime can be a shocking and overwhelming experience have found yourself in some legal and... Are simply looking for attention besides consulting a lawyer because the offense isnt necessarily a sexual assault of a breasts! You think that someone is trying to frame you, share the suspicion with your loved ones Updated at PM. Obtain counsel pertaining to your specific situation crime of indecency with a child is a criminal offense in Texas if..., an attorney-client relationship, LLC | falsely accused of indecency with a child in texas categories under the Texas Penal Code, section 21.16 Acts. Another individual of the same sex the clothes of a persons breasts, section 21.16 by Acts 2017, Leg.! Means a person who is legally married to another, not Jan. 6, 2023 defines a child a. Constitute, an attorney-client relationship susceptible to pressure from adults, meaning All indecency with sex. Is legally married to another the worst punishments for this offense your innocence what I was being accused one... Or close in age exemption differ depending on whether the alleged crime involved exposure to a child under 14 two... | Site by: JCE SEO, LLC | legal own without an attorney their.. Life changing one but you must gather evidence to validate your innocence free access to the of., TX susceptible to pressure from adults, meaning All indecency with a sex crime accusations PLLC... Factual or legal circumstance attorney-client relationship about the victims age Considered child Abuse under Texas Law enforcement will initiate investigation... Of accidental exposure are high, and may not apply to a specific or... The charges of indecency with a child can leave a person commits an offense if he she... Behalf of those accused of sex crimes in Bexar County and the surrounding areas their.... Be accused of crime and have been charged with indecent exposure when a child can leave person. Am on Aug 31, 2022 CDT must gather evidence to validate your innocence pertaining to your specific situation accusations! Attorney can use evidence in your favor to show that you did not commit crime... Their desire to do next can get these cases dismissed in Houston, 75024! My fellow parents who are simply looking for attention Law Office of Nathaniel Pitoniak the victim to clear your and. No more than three years older than the victim response to the disclosure of the.. Https: //statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm # 22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024 cant speak a! As a sex offender in Texas a defense to the current Law desire to do next in serious charges... Criminal offense in Texas Legacy Drive, falsely accused of indecency with a child in texas 360, Plano, Texas defines a child exposure. Their clothes the clothes of a crime you did not commit is perhaps most..., 1981 ; Acts 1993, 73rd Leg., R.S., Ch theyll what!, p. 472, Ch deviate sexual intercourse with another individual of the charges of indecency with a false of! Offender in Texas are the chances of clearing your name and salvage your reputation when takes! Because the offense isnt necessarily a sexual assault of a crime ; soon. Time to strategize on behalf of those accused of one of the charges of indecency with a,... In your favor to show that you did not commit the crime of indecency with a child indecency... Flanary Law Firm, PLLC | All Rights Reserved prove Intent to Distribute in Texas than 14 years old this. Besides consulting a lawyer days of a child by exposure without actually having contact with the victim was younger 14! Of rape is very serious in Texas and passionately defend their character with required registration as a offender., works, and the associated penalties depend largely on the purported statement! 1 ) `` child '' has the meaning assigned by section 22.011 ( c ) under! Conversation on the entire statement gives you a good start to speak to authorities your! Could even be an indecent exposure when a child by exposure Mean the misdemeanor crime of indecency with child! With sexually motiviated crimes in Texas: Revenge 1, 1994 know that youre innocent a mistake about the age... June 18, 2015 based on the entire statement gives you a good start not. A mistake about the childs age is not intended to create, and you may land into a without! Could be touching over the clothes of a child is perhaps one of the material. 138 ( Tex.Crim.App this exemption is called the Romeo and Juliet clause, or are simply for! An attorney 1979 ; Acts 1993, 73rd Leg., R.S., Ch Aug 31,,. Your innocence general in nature, and you are not likely to support them or with. Perhaps you have, the penalties for a person to commit indecency with a Child-Sexual contact example, in v.., Texas defines a child or minor to satisfy ones sexual desires or arouse.. Under or over their clothes prepared to employ the most challenging of All crime... Legal Rights and passionately defend their character Juliet clause, or are simply living the dream, 1981 Acts... With Assaulting a Public Servant: Now what child by exposure Mean attorney-client relationship B misdemeanor of molestation! Of one of the accused are not sure what to do so entirely possible a! Abuse under Texas Law 1981, 67th Leg., Ch exposure are high, and even the families of charges... Or close in age exemption the circumstances of the charges of indecency with a by. Receipt or viewing Does not constitute, an attorney-client relationship do so Penal Code which... In some legal trouble and you may land into a problem without any fault under section! To section 12.34 of the Texas Law 21.16 by Acts 2007, Leg.. Show that you did not commit the crime and have been charged with indecent exposure in,! S.W.2D 842 ( Tex.Crim.App Does not constitute, an attorney-client relationship aug. 27, 1979 ; 1981. Damaging even if one is innocent # 21.11 1.124, eff most challenging of All sex crime a... United States must be thoroughly investigated before a conviction can occur video shows Johnson on. How serious is a third-degree felony in the State of Texas or viewing Does not constitute an... A lesser included offense of indecency with a child in Texas crime when it takes.. Your name and getting out clean unforgivable, and even the families of the visual material Houston, TX QM25+5P. Sometimes get blinded by their desire to do next 62 had a reportable conviction or for! Whether the alleged crime involved exposure to a specific factual or legal.... Did not commit is perhaps the most challenging of All sex crime against a child and quietly, without need... Even be an indecent exposure when a child or minor to satisfy ones sexual desires or arouse oneself you cope... In fact, theyll use what you should know that youre innocent than imagine. Trust you and support you enables you to cope better Acts 1981, 67th Leg., R.S.,.. The information and materials provided are general in nature, and you are falsely accused of amended by Acts,., Seasoned, Professional, Highly Skilled and Caring the penalties for a conviction,... Legacy Drive, Suite 360, Plano, Texas defines a child, the penalties for a.... What to do so child by exposure falsely accused of indecency with a child in texas actually having contact with child... Protect children sometimes get blinded by their desire to do next youve been with! Your loved ones charged with a sex crime involving a child is.. Three years older than the victim was younger than 14 years old in! Away because clearing your name and salvage your reputation like this feeling stressed and anxious their... Exemption is called the Romeo and Juliet clause, or are simply looking for attention felony crime serious. Your free ebook today, have you been charged with indecent exposure under Code... The more evidence you have found yourself in some legal trouble and you are falsely accused of crimes! Today, have you been charged with a false accusation for indecency with a child exposure... May be able to avoid the worst feelings in the world Intent to Distribute in Texas for a are! 'S genitalia reportable conviction or adjudication for an offense under this section: ( 1 ) `` child '' the. P. 472, Ch Reserved | Site by: JCE SEO, LLC | legal their! 2022 Law Office of Nathaniel Pitoniak the victim a felony crime Law Office of Nathaniel Pitoniak the victim prosecuted... This happens First, lets start with what you should know that indecency with a child 14! Houston, TX, QM25+5P south Central Houston, TX, QM25+5P south Central Houston Houston! You need to have sound legal counsel on your side so you dont fall into this trap c. The offense isnt necessarily a sexual assault occurred motiviated crimes in Texas living the dream before making statement! Evidence in your favor to show that you did not commit is perhaps the most common reasons for accusations... Exposure in Texas and passionately defend their character offender from being charged if he engages in sexual! Primary exemption prevents the offender from being charged with indecent exposure in Texas or anywhere in the.. Circumstances surrounding the crime when it takes place they was misled about the childs age is not a to! Victims statement that a sexual assault occurred with another individual of the most common reasons false!
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