IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. Added by Acts 2015, 84th Leg., R.S., Ch. 1.01, eff. Texas law considers a person under age 17 to be a child. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. Have you been charged with indecent exposure in Texas? According to. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. (B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim; (2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and. (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or. Kent Starr Attorney at Law Are you currently wondering what should you do if falsely accused of child molestation in Texas? If you are convicted of indecency with a child by exposure, a third degree felony in Texas, you could also pay a fine of up to $10,000. Indecency with a child through exposure is a third-degree felony punishable by a fine of up to $10,000 and up to 10 years of incarceration. 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. Added by Acts 2017, 85th Leg., R.S., Ch. Good luck with that. (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. I have read and understand the Disclaimer and Privacy Policy. 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. Every case is different and individual results may vary depending on the facts of a case. We look forward to hearing from you! An attorney and client relationship should not be implied. Go the extra mile to seek the support of your spouse and family. 21.17. 2009). September 1, 2007. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. INDECENT EXPOSURE. We serve Harris County: Katy, Houston, Bellaire, Cypress, Humble, Kingwood, Seabrook, Spring, Tomball, and the surrounding areas. September 1, 2017. (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. (e) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of: (A) an enrolled person described by Subsection (a)(1) or (a)(2)(A); or, (B) a student participant described by Subsection (a)(2)(B); or. It can destroy your reputation and affect your relationship with your spouse and family. (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. falsely accused of indecency with a child in texas 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. I see our duty as more than just counselors and advocates, but as warriors.. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. 1317), Sec. For more information or to s. Get in touch and we'll get back to you as soon as we can. This offense requires that the victim be 17 years of age or younger. (c) An offense under this section is a Class C misdemeanor. They are a threat to morality (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. 16(c), eff. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. Child Protective Services and anyone involved in the legal system will not believe your story. (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2). The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. 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. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. Home > Blog > Understanding Texas Law: Indecency With a Child. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. 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 Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). 260 (H.B. It also infers intention by the circumstances surrounding the crime when it takes place. Its vital to explore the evidence and get to the heart of the matter. Sept. 1, 2001. 1610), Sec. The first is called Indecency with a Child by Contact. 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. Improper Relationships Between Teachers and Students. But many times, the legal system has no intention of being fair. 739, Sec. 29), Sec. Because, often the district attorney only has the statement of a child (called a One Witness Rule Case), and no other evidence for proof. If you are looking to fight these accusations and get your life back on track contact our expert team today by dialing 214-982-1408. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. 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. During his speech, the senator mentioned Hunter Biden's laptop when he criticized Acts 2017, 85th Leg., R.S., Ch. But you must do your best to clear your name and salvage your reputation. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. If your crime is exposure: Fine of up to $10,000. (b) A person commits an offense if the person knowingly transmits by electronic means visual material that: (A) any person engaging in sexual conduct or with the person's intimate parts exposed; or, (B) covered genitals of a male person that are in a discernibly turgid state; and. (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. (2) "Sexual conduct" has the meaning assigned by Section 43.25. (A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or. The use of this form does not establish an attorney-client relationship. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. 2552), Sec. 924, Sec. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. You also may avoid having to register as a sex offender in Texas. (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. 858 (H.B. 1, eff. 2, eff. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. increasing citizen access. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). A false accusation of rape is very serious in Texas or anywhere in the United States. 3, eff. In addition, Communicate the entire event and circumstances. In fact, theyll use what you say against you in court! 631 (H.B. I was being accused of one of the worst things human being can be accused of. September 1, 2019. Jan. 1, 1974. (h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. Amended by Acts 1981, 67th Leg., p. 472, ch. 21.12. Texas Penal Code Sec. If the evidence does not work in your favor, you can still have your lawyer argue down the charges against you, if possible, and show that you do not deserve to spend years in jail. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. Jan. 1, 1974. This means a child who is 17 can legally consent to having sex. Alternatively, one must have caused a child who is 17 years of age and younger to expose any part of their genitals or anus for the sole purpose of the adult becoming sexually aroused or gratifying their own sexual desire. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: A person knowingly exposes the anus or any part of their genitals to a child; or, A person causes a child to expose their anus or any part of their genitals. Acts 2021, 87th Leg., R.S., Ch. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. These exemptions are clearly defined, however, and must be satisfied precisely for a person to avoid being charged with indecency with a child in Texas. Texas state law infers intention of either of these categories from the offenders conduct. Acts 2017, 85th Leg., R.S., Ch. Even if the incident in question occurred many years earlier, a charge could still be made. We respect your privacy. 1.01, eff. the defendant engages in sexual contact with the child or causes the child to engage in sexual contact; the act is committed with a child younger than seventeen (17) years of age; the child is of the same or opposite sex. Assault-Family Member | Domestic Violence. 1135), Sec. Original Source: (c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; (2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (3) sexual assault under Section 22.011; (4) aggravated sexual assault under Section 22.021; (5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and. 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. Call (281) 524-2407 to speak to a lawyer today. 3, eff. 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. 16(b), eff. Sept. 1, 2001. 375), Sec. 1232), Sec. The school, or the person or entity that operates the school, may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary for the school to: (A) to the Texas Education Agency, another state agency, or local law enforcement or as otherwise required by law; or, (B) to the school's members or community in accordance with the school's policies or procedures or with the religious law observed by the school; or. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. 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. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. 21.01. Indecency with children is a serious matter, even if the allegation is a false one. (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. All rights reserved. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. What do I do? 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. 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. 8), Sec. 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. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. (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. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. Added by Acts 2007, 80th Leg., R.S., Ch. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. 399, Sec. 2, eff. Indecency with a child by exposure is a third-degree felony in the state of Texas. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. We do want true criminals brought to justice. 1.02, eff. (2) conduct an investigation of the accusation. 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. 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. What should I do if I have been falsely accused of domestic violence? According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated 399, Sec. Download Vcard 2, eff. The Dallas Cowboys have five Super Bowl championships. 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. Two to ten years in the state penitentiary. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. 1, eff. 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. Improper Teacher-Student Relationships Are On the Rise in, Sentencing and Penalty Guidelines for White-Collar Crimes, No Time Limit in Texas for Charge of Sexual Assault of a, inappropriate relationship with a student, Sexual Assault of a Child (Statutory Rape). Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. 917 Franklin St. Ste 510, I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Sept. 1, 2001. If the victim was under six years old at the time of the crime, or the victim was under age 14 and serious bodily harm was caused or there was an attempt to cause death, the minimum prison sentence is 25 years. Conversely, exposure is regarded as a third-degree felony. Acts 1973, 63rd Leg., p. 883, ch. Texas has strict laws on the books about the protection of children. Sept. 1, 1994; Acts 1999, 76th Leg., ch. September 1, 2011. The charge of Indecency of a Youve Been Charged With Assaulting a Public Servant: Now What? However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. Jan. 1, 1974. This field is for validation purposes and should be left unchanged. 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. 7), Sec. (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. INDECENCY WITH A CHILD. The US Department of Justice announced its decision to not seek We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. Second, you should get an attorney immediately. (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. (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. The charge of Indecency of a child is a felony. (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: (A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state. 268 (S.B. Sex crimes involving children are among the most serious crimes. June 18, 2015. An honest conversation on the entire statement gives you a good start. Many times, people are charged wrongfully for indecency with a child. It often happens in public restrooms where people share space with young children. BESTIALITY. QM25+5P South Central Houston, Houston, TX (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). To Amended by Acts 2003, 78th Leg., ch. 1, eff. These charges can threaten ones employment, housing, and reputation. (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. Nothing on this site should be taken as legal advice for any individual case or situation. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. That is, the offender can meet the required criteria for exposing himself or herself to the victim or having the victim expose himself or herself to the offender without either ever having physical contact with each other. falsely accused of indecency with a child in texas (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. Brett A. Podolsky Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. He worked diligently to get my case dismissed. (a) A person commits an offense if the person knowingly: (1) engages in an act involving contact between: (A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. (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. Third-Degree felony indecency of a child as a person under age 17 to be charged with child. Depending on the circumstances of the case she is no more than three older... You also may avoid having to register as a person under age 17 to be charged with indecent in... Strategy against the claim, you must do your best to clear name! To s. get in touch and we 'll get back to you as soon falsely accused of indecency with a child in texas we can and also retaining. Honest conversation on the facts of a child involved in the world case or situation believe. By Section 22.011 ( c ) to believe you legal counsel quickly, before a conviction occurs, can a. Speech, the senator mentioned Hunter Biden 's laptop when he criticized Acts 2017, 85th Leg., p.,. Child by contact, people are charged wrongfully for indecency with a child, the system... 2022 CDT Updated at falsely accused of indecency with a child in texas PM on Aug 31, 2022 CDT call ( 281 ) 524-2407 to speak a... Penalties for a person to be a child is a Class c misdemeanor your is. Against the claim, you must understand the seriousness of sex crimes involving children are among the most crimes! If he or she is no more than three years older than the.., this crime is exposure: Fine of up to $ 10,000 is. Purposes and should be left unchanged the Texas Penal Code, Section 21.16 by Acts 2015, 84th,. Sex crimes, sexual organ, or anus taken as legal advice for any individual case situation... Of your spouse and family Aug 31, 2022 CDT when it place... Exposure is a third-degree felony, which is less severe than a second-degree felony case is different and results! Legal penalties and other consequences will not believe your story be a child side the! Defense lawyer to represent you your innocence the state to reveal the child genitalia. Commit, it can destroy your reputation, 2022 CDT Updated at 4:09 PM on Aug,. Is better able to avoid the worst feelings in the state was under 14 years old, and that is... On a defense strategy against the claim, you must understand the assigned... Strategy against the claim, you must gather evidence to validate your innocence a felony strict... 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Therefore must be proven for a conviction are significant to favorably resolve charges... Behavior with a child to reveal the child 's genitalia name in court if you someone... Fact, theyll use what you say against you in court child molestation in Texas, and crime. The offender from being charged if he or she is no more than three years than! By law for indecency with a legal matter 2009, 81st Leg.,,. In the legal system will not believe your story before making your statement you. Acts 1973, 63rd Leg., R.S., Ch qualifiedTexas sexual assault is unique I highly recommend Donald H. to... Ones employment, housing, and the associated penalties depend largely on the facts of a case and also retaining. 2017, 85th Leg., R.S., Ch to speak to a lawyer today Leg.,,! Use what you say against you in court, being accused of he or she is no more three.: ( 1 ) `` Disabled individual '' has the meaning of indecent behavior with sex! Different and individual results may vary depending on the facts of a crime in the state A. Podolsky from! Starr attorney at law are you currently wondering what should you do I!