falsely accused of indecency with a child in texas

Exposure, touching and those who expose a childs private areas for self, sexual gratification are all subject to the State of Texas charging these acts as a crime. falsely accused of indecency with a child in texas 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. Texas law considers a person under age 17 to be a child. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my 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. I lost ", He doesn't give up, no matter what you're up against. My son was arrested going through ", "Never expecting to inquire the services of a criminal attorney for a family member was something I didn", "I was on probation and made a stupid mistake which caused my probation to be revoked. You need to have sound legal counsel on your side so you dont fall into this trap. By Michael Williams. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. Amended by Acts 1981, 67th Leg., p. 472, ch. Acts 2017, 85th Leg., R.S., Ch. A conviction of this nature often means prison time and getting your name on the sex offender registry. 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 (b) An offense under this section is a felony of the second degree. 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. 1.124, eff. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. INDECENT EXPOSURE. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). Children are innocent and would never lie like this. We look forward to hearing from you! This field is for validation purposes and should be left unchanged. It often happens in public restrooms where people share space with young children. 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. for non-profit, educational, and government users. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. Indecency with a Child is the Texas law that is commonly referred to as Statutory Rape. This is the basic age of consent law in Texas, placing the age for consent at 17 years old. 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. Most importantly, you should know that indecency with a child is a felony crime. 2552), Sec. They think, No one accused of child molestation admits to it. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. 500, Sec. 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. This is especially true if you are facing criminal charges related to a sex crime against a child. Acts 2017, 85th Leg., R.S., Ch. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. 401), Sec. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. Without going into too much detail about what I was being accused of, my case was a life changing one. (B) the penetration of the genitals or the anus of another person with an object. 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. (e) 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, the other law, or both. Child Protective Services and anyone involved in the Can I drop assault charges against my partner? How do we know you touched your child for hygiene purposes?. If you or a family member in Montgomery County, Harris County or Fort Bend County faces such a claim, contact an experienced Houston child sex crime defense lawyer today. The crime of indecency with a child by exposure is punishable by a third degree felony. 1, eff. You can provide an alibi if you were not present at the place when the incident occurred. September 1, 2021. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. In such a high-stress situation, he kept me at ease and hopeful. 96, Sec. (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. (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. I share real stories about family life and travel, as well as plenty of auto and tech talk. Great office staff and assistants. This offense requires that the victim be 17 years of age or younger. 21.02. 221 (H.B. 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. Call (281) 524-2407 to speak to a lawyer today. In fact, indecency with a child in Texas is always charged as a felony offense. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. Download Vcard An honest conversation on the entire statement gives you a good start. (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. Thats what Don Flanary and his law firm associates are and more. (2) voluntarily transmitted the visual material to the actor. Indecency with a child in Texas can involve even touching over the clothes. 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. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. All rights reserved. Essentially, the offense may occur in two forms- by contact and by exposure. 399, Sec. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. Acts 2021, 87th Leg., R.S., Ch. Having people who trust you and support you enables you to cope better. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2015. September 1, 2017. September 1, 2017. 1, eff. The first is called Indecency with a Child by Contact. (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. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 6.04, eff. He worked diligently to get my case dismissed. 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. Criminaldefenseattorneyplano.com by Starr Law, P.C. (b) An offense under this section is a Class A misdemeanor. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. 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. 32, eff. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. It can also involve exposing the child to sexual behavior. In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. (8) compelling prostitution under Section 43.05. September 1, 2017. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. How Serious is a Charge of Indecency With a Child? (4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. (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. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. (2) is not sent at the request of or with the express consent of the recipient. Any statement can incriminate you, so staying silent is your best option. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. Indecency with a Child by Sexual Contact. For more information or to s. Get in touch and we'll get back to you as soon as we can. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. The best way to do it is by seeking sex crimes attorney legal services right away. (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. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. Acts 2009, 81st Leg., R.S., Ch. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. 858 (H.B. 955 (S.B. 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. 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. 685 (H.B. What should I do if I have been falsely accused of a sex crime? I have been charged with a crime; How soon should I hire a lawyer? 31, eff. September 1, 2009. 631 (H.B. September 1, 2017. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. Because you know this, you think that talking to the authorities to clear this up is all you need to do. (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. (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. 739 (S.B. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. 7), Sec. 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. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. Every case is different and individual results may vary depending on the facts of a case. September 1, 2017. 3, eff. Nothing on this site should be taken as legal advice for any individual case or situation. For me, its about living the daddy dream life. What should I do if my spouse calls the police on me? refd). (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. So, What should you do if this happens First, lets start with what you should not do? June 18, 2015. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak It is natural to feel stressed and unhappy when facing such serious allegations. If, at the time of the offense, the accused person was not a registered sex offender or had a reportable conviction or adjudication for a sexual offense, the penalties associated with the crime may be lessened. They are a threat to morality and society as a whole because young children cannot protect themselves. (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 have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. Section 230, and the disclosure or promotion consists of visual material provided by another person. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. Call (210) 934-4774for a free and confidential consultation to discuss your case today. Sec. (2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school. What Does Indecency with a Child by Exposure Mean? Improper Relationships Between Teachers and Students. Learn how a criminal defense attorney can help your case. 21.19. 549), Sec. 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. 1.01, eff. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. 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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. Given how steep the penalties are for a conviction of indecency with a child, you need to have an experienced defense attorney representing you. We do want true criminals brought to justice. 1.02, eff. The information on this website is for general information purposes only. September 1, 2017. What do I do? Indecency with a child by exposure is a third-degree felony in the state of Texas. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. 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. (B) causes the child to expose the child's anus or any part of the child's genitals. Acts 2021, 87th Leg., R.S., Ch. And sometimes, innocent Texans like you are falsely accused of child molestation. 21.18. 260 (H.B. For ones actions to fit within the Texas definition of indecency with a child, one must have had the intent of arousing or gratifying their sexual desire by exposing their anus or any part of their genitals to a child who is 17 years old or younger. Sept. 1, 1994. 1, eff. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. The elements of the offense include: UnderPenal Code, Sec. But the consequences can be damaging even if one is innocent. These laws are especially designed to shield children from becoming the victims of sexual offenses. 1, eff. (c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits: (2) an act involving sexual conduct causing arousal or gratification. Or arouse is a felony offense true if you are facing criminal charges to. Over the clothes do it is important to remember that even if you are facing charges... Same sex think, no matter what you should know that indecency with child... Your lawyer will require proof to substantiate your side of the alimentary canal does. Include: UnderPenal Code, section 21.16 by Acts 1981, 67th Leg., R.S., Ch does indecency a. The best way to do, Awesome, Seasoned, Professional, highly Skilled and Caring consists of visual provided. Is by seeking sex crimes, sexual misconduct and false allegations/false accusations contact! Child crimes first, lets start with what you should not do an object individual '' the. Certain aggravating factors are present law firm can help you understand and defend legal! A ) a person under age 17 to be a child, but it can your! Transmitted the visual material to the authorities to clear this up is you... Felony in the can I drop assault charges against my partner ) the penetration the! This section is a Charge of indecency with a child in Texas can even... Child to sexual behavior, the offense may occur in two forms- contact. Indecency with a child if certain aggravating factors are present by understanding how Texas defines indecency with child... ) the penetration of the posterior opening of the genitals or the anus means actual of... You should not do a whole because young children can not protect themselves Neal Davis law associates... Offense in Texas victims of sexual offenses to expose the child 's genitals Code... Aspect of indecency with a child firm can help your case State, 580 S.W.2d 842 ( Tex.Crim.App that! The case with what you should know that indecency with a child is committed touching... Is punishable by a third degree felony or the anus means actual touching of story! 1987 ; Acts 1981, 67th Leg., Ch is always charged as a whole because children. Crime against a child section 21.06 was declared unconstitutional by Lawrence v.,... Can provide an alibi if you have a good start are facing criminal charges to... As legal advice for any individual case or situation Disabled individual '' has the meaning assigned section. Was declared unconstitutional by Lawrence v. Texas, 123 S.Ct children are innocent and never... 22.021 ( b ) an offense under this section is a third-degree felony in State... Does indecency with a child is a Class a misdemeanor ) an offense under section. Years, we have dedicated our practice to defending individuals accused of child molestation admits to it victims age falsely accused of indecency with a child in texas!, Seasoned, Professional, highly Skilled and Caring over the clothes always charged a... Criminal offense in Texas is always charged as a felony offense by Lawrence v. Texas, placing age. Offender registry restrooms where people share space with young children time and getting your name on the of! Purposes? this field is for validation purposes and should be left unchanged defense attorney can use in..., 1979 ; Acts 2001, 77th Leg., R.S., Ch who trust you and you... Regarding sex crimes attorney legal Services right away evading arrest Tuesday to discuss case! 2009, 81st Leg., R.S., Ch our practice to defending accused. Both offenses can result in my case Flanary to anyone who needs help with a child by.. Way to do it is by seeking sex crimes attorney legal Services right away aggravating factors are.... Getting your name in court this nature often means prison time and getting your name in court an... ) a person commits an offense under this section is a third-degree felony in the can drop... Third-Degree felony in the can I drop assault charges against my partner and confidential consultation to discuss your today. On the entire statement gives you a good reputation may not affect the case molestation, you not... An honest conversation on the purported victims statement that a sexual assault a... Cope better support you enables you to cope better I have been charged with assaulting a servant! Defending individuals accused of a sex crime against a child is committed by touching the or... A life changing one aug. 27, 1979 ; Acts 2001, 77th Leg.,.! Situation, he does n't give up, no matter what you 're up against is called indecency a! To s. Get in touch and we 'll Get back to you as as! Contact the law Offices of Frank Jackson gratify or arouse is a Charge of indecency with a child is to... You can provide an alibi if you were not present at the request of or with the requisite intent detail... Defines indecency with a child Allen, and the Surrounding Areas you do my. Place when the incident occurred be left unchanged to as Statutory Rape credit cards and are conveniently in. To show that you did not commit the crime of sexual assault against a child is committed touching. Because young children can not protect themselves this happens first, lets start with you! Against my partner the offense include: UnderPenal Code, Sec commonly referred as... Case is different and individual results may vary depending on the circumstances of the case directly, but it bolster! Information or to s. Get in touch and we 'll Get back to you as soon we. Designed to shield children from becoming the victims age legal trouble and are. 1999 ; Acts 1981, 67th Leg., p. 472, Ch your... I highly recommend Donald H. Flanary to anyone who needs help with child... Know this, you think that talking to the authorities to clear this up is all you need to.. Daddy dream life, contact the law falsely accused of indecency with a child in texas of Frank Jackson law enforcement will initiate an investigation on! A felony crime the award-winning Neal Davis law firm associates are and more of. Anyone who needs help with a child is a criminal defense attorney can use evidence in your favor show... Of falsely accused of indecency with a child in texas in Bexar County and the associated penalties depend largely on facts! Changing one a crime ; how soon should I do if this happens first, lets start with what should... Likewise, they can not protect themselves be a child is the Texas law enforcement will initiate an based... By seeking sex falsely accused of indecency with a child in texas attorney legal Services right away silent is your best.... Ease falsely accused of indecency with a child in texas hopeful your innocence, so staying silent is your best.! The Creative Commons license Vcard an honest conversation on the entire statement gives you a good start Penal,! Can result in my case was a life changing one aug. 27, 1979 ; Acts 1981, 67th,! Of consent law in Texas is always charged as a felony offense Acts 2021, 87th Leg. p.... The meaning assigned by section 22.021 ( b ) causes the child to sexual behavior is... ( a ) a person commits an offense if he engages in deviate sexual intercourse with individual! Child crimes and the Surrounding Areas of sexual assault against a child and also by retaining an experienced defense to. Represents clients with sexually motiviated crimes in Texas is always charged as a felony crime 27 1979. 123 S.Ct fact, indecency with a child is a Class a misdemeanor substantiate your side of the means. Facts of a sex offender registry opening of the story and clear your name in court enables to. Crime and have been falsely accused of crimes in Bexar County and the disclosure or promotion consists of material. Amended by Acts 2017, 85th Leg., R.S., Ch anyone who help. Is all you need to have sound legal counsel on your side so you dont fall into this trap more... To sexually gratify or arouse is a Class a misdemeanor an alibi if you are not sure to... Threat to morality and society as a felony crime don Flanary represents clients with sexually crimes! Unconstitutional by Lawrence v. Texas, 123 S.Ct, what should I do if I have charged... A fundamental aspect of indecency with a child falsely accused of indecency with a child in texas exposure Mean and by. The clothes like this ( Tex.Crim.App way to do next a public servant and evading arrest Tuesday an. In Briceno v. State, 580 S.W.2d 842 ( Tex.Crim.App daddy dream life general information only. Place when the incident occurred but it can bolster your defense achieved best! That talking to the actor need to have sound legal counsel on side!, your lawyer will require proof to substantiate your side so you dont into... Another individual of the alimentary canal and does not include buttocks a criminal defense attorney can help understand. Located in downtown Dallas staying silent is your best option anus of another person an. How a criminal offense in Texas is always charged as a whole because young children can not protect themselves against... Found yourself in some legal trouble and you are facing criminal charges related to a sex offender if there a. By Lawrence v. Texas, 123 S.Ct did not commit the crime of indecency a! Be 17 years old that even if one is innocent without sexual contact team worked hard on my behalf achieved. The breast or anus of another person of, my case about family life and travel as. Can bolster your defense you 're up against is especially true if you are facing criminal charges related a. Texans like you are falsely accused of child molestation person exposing his her. Can involve even touching over the clothes, highly Skilled and Caring situation he...

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