Sec. 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. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. Sec. Added by Acts 2003, 78th Leg., ch. 1, eff. INVASIVE VISUAL RECORDING. And its a common-sense reaction. Section 21.11 Indecency With a Child, 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 gratification of the accused persons sexual desire. Added by Acts 2015, 84th Leg., R.S., Ch. I found the Flanary Law Firm while searching for legal help for my son. 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. 246), Sec. Criminaldefenseattorneyplano.com by Starr Law, P.C. (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. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. Second, you should get an attorney immediately. If youre or a loved-one were accused of child (832) 315-6283 Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 1, eff. 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. (2) conduct an investigation of the accusation. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. This means a child who is 17 can legally consent to having sex. 2, 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. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 3, eff. (b) An offense under this section is a felony of the second degree. refd). (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. The victim must be 17 years old or younger. 3659), Sec. 1, eff. During his speech, the senator mentioned Hunter Biden's laptop when he criticized 3, eff. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. Please contact us to obtain counsel pertaining to your specific situation. 1, eff. Given how steep the penalties are for a conviction of indecency with a child, you need to have an experienced defense attorney representing you. 1, eff. 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. September 1, 2017. The Dallas Cowboys have five Super Bowl championships. (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. 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. Texas has strict laws on the books about the protection of children. 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. Texas law considers a person under age 17 to be a child. 1, eff. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. June 18, 2015. 1317), Sec. 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. This field is for validation purposes and should be left unchanged. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 1, eff. (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. Sept. 1, 2003. The US Department of Justice announced its decision to not seek (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. There are many reasons why a witness would make false accusations. September 1, 2007. 2552), Sec. Law Firm Online Marketing by SEO Advantage, Inc. 858 (H.B. entrepreneurship, were lowering the cost of legal services and September 1, 2021. (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. In addition, Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. Are these situations unlawful in Texas? Location: VOYEURISM. 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 Sex crimes involving children are among the most serious crimes. (4) "Promote" has the meaning assigned by Section 43.21. Sentencing for a Sexual Assault Against a Child Conviction Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal Through social As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. 399, Sec. Learn all about the legal process and your legal rights. The elements A mistake about the childs age is not a defense to the charge. 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. It is crucial to understand the implications and plan a defense strategy to prove your innocence. These punishments can take a grave toll not only on your reputation but also your freedom and future. Sec. 610 (H.B. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. The charge of Indecency of a Kent Starr Attorney at Law Download Vcard Texas laws involving sex acts and children can bring very harsh punishments. This exemption is called the Romeo and Juliet clause, or close in age exemption. 16(b), eff. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak (c) 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 a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. Sept. 1, 1981; Acts 1987, 70th Leg., ch. Remember that you should not give a statement to the police without speaking to the lawyer first. Many times, those accusers have a vendetta, or are simply looking for attention. Essentially, the offense may occur in two forms- by contact and by exposure. 260 (H.B. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 2, eff. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. I have read and understand the Disclaimer and Privacy Policy. Absent this intent, the accusations may not hold up in a court. 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. (c) An offense under this section is a Class C misdemeanor. 1135), Sec. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. Results noted are not predictive of future results. 24), Sec. 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. I lost ", He doesn't give up, no matter what you're up against. If the victim and the offender are married, the offender may not be able to be charged with this crime. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. (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. INDECENT EXPOSURE. Acts 2011, 82nd Leg., R.S., Ch. 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.
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