These punishments can take a grave toll not only on your reputation but also your freedom and future. Acts 2021, 87th Leg., R.S., Ch. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. Conversely, exposure is regarded as a third-degree felony. 2, eff. Only a lawyer can guide you about saying the right things to the police. Sec. 21.16. Days of a Domestic Dad is for my fellow parents who are simply living the dream. Sexual assault of a child is a second-degree felony punishable by up to 20 years in prison and a fine of up to $10,000. September 1, 2009. 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. Jan. 1, 1974. Added by Acts 2017, 85th Leg., R.S., Ch. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree. (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. Indecency with a child in Texas can involve even touching over the clothes. Second, you should get an attorney immediately. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated 2472. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. 246), Sec. (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. 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. (d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense. SEXUAL COERCION. 260 (H.B. In such a high-stress situation, he kept me at ease and hopeful. (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. 21.09. What should I do if my spouse calls the police on me? 3, eff. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. But the consequences can be damaging even if one is innocent. 399, Sec. Being accused of a sex crime can leave a person feeling helpless and unsure of where to turn for help. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. (b) An offense under this section is a Class A misdemeanor. Get your free ebook today, Have you been charged with indecent exposure in Texas? 2, eff. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. 1, eff. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. We will always provide free access to the current law. 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. Essentially, the offense may occur in two forms- by contact and by exposure. 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. 1.01, eff. A conviction of this nature often means prison time and getting your name on the sex offender registry. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. Acts 2019, 86th Leg., R.S., Ch. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. It is natural to feel stressed and unhappy when facing such serious allegations. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. Most importantly, you should know that indecency with a child is a felony crime. The information on this website is for general information purposes only. The best way to do it is by seeking sex crimes attorney legal services right away. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. 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. (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. (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. (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. Attorney Don Flanary alsorepresents clients throughout the San Antonio area which includesBexar County, Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County. So you say, Yes, but I did this to help my child heal from a rash., They twist your words further, So youre saying you, Then they press on, Did you do this alone with your child? I found the Flanary Law Firm while searching for legal help for my son. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. 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. Fortunately, there are defenses available to those accused of sex crimes in Texas. Nothing on this site should be taken as legal advice for any individual case or situation. (8) compelling prostitution under Section 43.05. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 399, Sec. The typical reaction is to know that youre innocent. Texas uses two categories for indecency with a child. (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. 1038 (H.B. For me, its about living the daddy dream life. 739, Sec. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. Moreover, statutes do not differentiate between direct contact under or over their clothes. (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. Acts 2021, 87th Leg., R.S., Ch. 21.11 Indecency With a Child (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 September 1, 2005. An honest conversation on the entire statement gives you a good start. 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. 24.001(35), eff. Of course, theyll deny it. Kent Starr Attorney at Law The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. 21.12. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. This exemption is called the Romeo and Juliet clause, or close in age exemption. The term spouse means a person who is legally married to another. 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. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. A music teacher at south euless elementary has been accused of 1804), Sec. Thats why you cant speak to authorities on your own without an attorney. He worked diligently to get my case dismissed. You can provide an alibi if you were not present at the place when the incident occurred. The charge of Indecency of a child is a felony. (832) 315-6283 September 1, 2021. 2789), Sec. Two to ten years in the state penitentiary. 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. 6), Sec. 1.02, eff. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. September 1, 2007. We do want true criminals brought to justice. (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. This is a serious crime that the state of Texas does not take lightly. 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. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. What do I do? If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. This can have a major impact on where a person lives, works, and how they are perceived in their communities. Acts 2017, 85th Leg., R.S., Ch. I was being accused of one of the worst things human being can be accused of. https://texas.public.law/statutes/tex._penal_code_section_21.11. Results noted are not predictive of future results. 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