21.11. Acts 1973, 63rd Leg., p. 883, ch. 631 (H.B. 324 (S.B. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. (2) "Sexual contact" means, except as provided by Section 21.11 or 21.12, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. Most importantly, you should know that indecency with a child is a felony crime. The charge of Indecency of a child is a felony. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. 900, Sec. This field is for validation purposes and should be left unchanged. September 1, 2017. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. The crime of indecency with a child by exposure is punishable by a third degree felony. I found the Flanary Law Firm while searching for legal help for my son. September 1, 2017. If youre or a loved-one were accused of child molestation or any form of indecency with a child, The Law Office of Sandra J. Oballe can and will help you. 631 (H.B. It is crucial to understand the implications and plan a defense strategy to prove your innocence. (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. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. 21.01. Call (210) 934-4774for a free and confidential consultation to discuss your case today. https://texas.public.law/statutes/tex._penal_code_section_21.11. Are these situations unlawful in Texas? In Texas, the age of consent is 17 or older. (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. (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. Learn all about the legal process and your legal rights. Join thousands of people who receive monthly site updates. It can destroy your reputation and affect your relationship with your spouse and family. 221 (H.B. (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. 21.11(b-1), it isan affirmative defense to prosecution for this offense that the actor was the spouse of the child at the time of the offense. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. 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. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Acts 2021, 87th Leg., R.S., Ch. Nothing on this site should be taken as legal advice for any individual case or situation. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. Nathaniel went above and beyond for me. But those who are falsely accused can get into big trouble. Notably the jury does not have to agree on Amended by Acts 1981, 67th Leg., p. 472, ch. 1, eff. Having a support system is also essential to stay sane during the entire situation. HOMOSEXUAL CONDUCT. (a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's: (2) act of deviate sexual intercourse; or. 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. September 1, 2017. 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. 8), Sec. (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. Acts 2021, 87th Leg., R.S., Ch. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. 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 through exposure is a third-degree felony punishable by a fine of up to $10,000 and up to 10 years of incarceration. 761 (H.B. (b-1) It is an affirmative defense to prosecution under this section that: (1) the actor was the spouse of the enrolled person at the time of the offense; or. Sept. 1, 2003. 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. If youve been falsely accused of sexual assault, learn the steps to protect your future. They think, No one accused of child molestation admits to it. And sometimes, innocent Texans like you are falsely accused of child molestation. (g) An offense under this section is a state jail felony. We look forward to hearing from you! The term spouse means a person who is legally married to another. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. Acts 2017, 85th Leg., R.S., Ch. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. 1804), Sec. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. Brett A. Podolsky Amended by Acts 1983, 68th Leg., p. 509, ch. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. 1, eff. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. 21.16. (B) causes the child to expose the child's anus or any part of the child's genitals. September 1, 2021. 96, Sec. increasing citizen access. Houston,TX77002, Brett A. Podolsky 917 Franklin St. Ste 510, Houston,TX77002, Understanding Texas Law: Indecency With a Child, Be more than three years older than the victim, Have used force, duress or threat while committing the crime. September 1, 2005. Great office staff and assistants. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. 955 (S.B. The elements of the offense include: UnderPenal Code, Sec. (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). 1488), Sec. INDECENCY WITH A CHILD. (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. Board Certified, Criminal Law Texas Board of Legal Specialization. 1, eff. 224, Sec. 21.12. The use of this form does not establish an attorney-client relationship. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. for non-profit, educational, and government users. September 1, 2017. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. (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. Sec. The charge of Indecency of a 375), Sec. People who indulge in such acts deserve the harshest penalties. 458, 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. The first is called Indecency with a Child by Contact. Home > Blog > Understanding Texas Law: Indecency With a Child. Jan. 1, 1974. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. I share real stories about family life and travel, as well as plenty of auto and tech talk. 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. we provide special support 1.124, eff. Conversely, exposure is regarded as a third-degree felony. (4) "Promote" has the meaning assigned by Section 43.21. 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 How do we know you touched your child for hygiene purposes?. (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. September 1, 2017. (B) the person's anus or genitals and the mouth of the animal; (2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing; (3) causes an animal to contact the seminal fluid of the person; (4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice; (5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4); (6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4); (7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4); (8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control; (9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or. Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. If the accused person was not more than three years older than the victim and of the opposite sex, this could be a viable defense against indecency with a child charges. 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. An honest conversation on the entire statement gives you a good start. September 1, 2015. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state. 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. 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. 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. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated 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. If you're looking for an attorney, then look no further! But many times, the legal system has no intention of being fair. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from The chances of accidental exposure are high, and you may land into a problem without any fault. 1.01, 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. I highly recommend him. (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. 1232), Sec. Don and Amanda will fight for you and guide you through the process. In some cases, its actually the student who tries to initiate and heighten such relationships. Attorney Brett Podolsky can help . 1808), Sec. The elements The second category is called Indecency with a Child by Exposure. For me, its about living the daddy dream life. 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. (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. Look for physical evidence like clothes, photos, and videos. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. Being charged with any type of crime can be a shocking and overwhelming experience. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. (2) voluntarily transmitted the visual material to the actor. The crime of sexual assault against a child is committed if an individual knowingly: Causes penetration of a childs sexual organ or anus by any means; Causes penetration of the mouth of a child with his or her sexual organ; or. 5900 S Lake Forest Dr STE 200 A conviction of this nature often means prison time and getting your name on the sex offender registry. 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. Two to ten years in the state penitentiary. We respect your privacy. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. 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. 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. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. These laws are especially designed to shield children from becoming the victims of sexual offenses. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. 1.01, eff. 1808), Sec. Acts 2011, 82nd Leg., R.S., Ch. Many people assume that there is no way to effectively handle these accusations to improve their outcome. INVASIVE VISUAL RECORDING. , 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. September 1, 2009. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. Criminaldefenseattorneyplano.com by Starr Law, P.C. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. 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. 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. A child may see you accidentally and inform his parents, leading to a wrongful accusation. refd). September 1, 2017. Added by Acts 2017, 85th Leg., R.S., Ch. 21.06. Section 230, and the disclosure or promotion consists of visual material provided by another person. These charges can threaten ones employment, housing, and reputation. (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. 1, eff. (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. 2020. How can criminal charges impact my immigration status? 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. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. 1, eff. We Are Well-Versed with Local and National Criminal Laws. 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 law considers a person under age 17 to be a child. 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. (B) the penetration of the genitals or the anus of another person with an object. 549), Sec. 1, eff. 399, Sec. If you think that someone is trying to frame you, share the suspicion with your loved ones. 6), Sec. 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. 2552), Sec. Sec. For more information or to s. Get in touch and we'll get back to you as soon as we can. Can I drop assault charges against my partner? (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. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. 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 955 (S.B. It also infers intention by the circumstances surrounding the crime when it takes place. 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. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. In such a high-stress situation, he kept me at ease and hopeful. (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.
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