http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. Notably the jury does not have to agree on 761 (H.B. 260 (H.B. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. (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 conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Acts 2007, 80th Leg., R.S., Ch. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes. (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. If you fail to clear your name, you will have to live with a social stigma for your lifetime. 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. 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, 2017. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 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. We respect your privacy. 858 (H.B. (c) An offense under this section is a state jail felony. 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. The Dallas Cowboys have five Super Bowl championships. 1 (S.B. 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. 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. Look for physical evidence like clothes, photos, and videos. (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. Indecency with a child by exposure is a third-degree felony in the state of Texas. In such a high-stress situation, he kept me at ease and hopeful. (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. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. The elements of the offense include: UnderPenal Code, Sec. 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. 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. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. (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. 917 Franklin St. Ste 510, The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. An attorney and client relationship should not be implied. 6.04, eff. The US Department of Justice announced its decision to not seek (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. 1610), Sec. 852 (S.B. We were trying a particularly difficult indecency with a child case based on the allegation by a thirteen year old girl who charged that our client had inappropriately touched her during a Acts 2021, 87th Leg., R.S., Ch. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. In addition, Texas has no statute of limitations restricting the time in which a person can be charged with the crime of indecency with a child. Because you know this, you think that talking to the authorities to clear this up is all you need to do. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. Which Behaviors Are Considered Child Abuse Under Texas Law? It can also involve exposing the child to sexual behavior. 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. (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. September 1, 2009. September 1, 2017. (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. Acts 2015, 84th Leg., R.S., Ch. (2) "Sexual conduct" has the meaning assigned by Section 43.25. September 1, 2021. The typical reaction is to know that youre innocent. 1, eff. 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. 685 (H.B. 1, eff. Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. (g) An offense under this section is a state jail felony. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. 2020. 1804), Sec. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. Acts 2017, 85th Leg., R.S., Ch. 676 (H.B. September 1, 2017. 7), Sec. 202, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. How Do Prosecutors Prove Intent to Distribute in Texas? We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. Skip to content. 3, 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. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. 549), Sec. Attorney Brett Podolsky can help . Sept. 1, 1994. Sept. 1, 2003. And sometimes, innocent Texans like you are falsely accused of child molestation. 246), Sec. Sex crimes involving children are among the most serious crimes. 2, eff. 1, eff. 21.08. (d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. Child sexually assaulted for 4 years in north Houston, authorities say Man wanted for sexually abusing 2 kids for more than a year, HPD says Man wanted, accused of The charge and punishments can be even worse if the child is under age 6. Communicate the entire event and circumstances. Learn all about the legal process and your legal rights. 21.19. Indecency with a child in Texas can involve even touching over the clothes. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. Acts 2007, 80th Leg., R.S., Ch. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. September 1, 2005. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. September 1, 2007. 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. 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. 4115 Canal St Sept. 1, 2001. Enjuris Texas personal injury guide. Acts 2017, 85th Leg., R.S., Ch. In some cases, its actually the student who tries to initiate and heighten such relationships. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. Remember that you should not give a statement to the police without speaking to the lawyer first. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Being Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2019. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. If you or a loved one has been charged withsexual assaultof a child, it is imperative that you speak with an attorney experienced in defending against such serious accusations. (c) An offense under this section is a Class C misdemeanor. Coercing the child to show their private parts is also an offense. Here are some of the most common reasons for false accusations in Texas: Revenge. Starr Law, P.C. September 1, 2011. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. 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. This means a child who is 17 can legally consent to having sex. (c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit: (1) in return for not making the disclosure; or. (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. 399, Sec. 29), Sec. There is the also the offense of continuous sexual abuse of a child.. Conversely, exposure is regarded as a third-degree felony. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. 21.17. 739, Sec. (g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. We look forward to hearing from you! Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. Added by Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1981, 67th Leg., p. 472, ch. (2) voluntarily transmitted the visual material to the actor. 16(c), eff. We attempt to provide quality information, but the law changes frequently, and varies from place to place. (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. (3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person. What Does Indecency with a Child by Exposure Mean? 739 (S.B. I have a warrant for my arrest in Harris County. A false accusation of rape is very serious in Texas or anywhere in the United States. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak Any statement can incriminate you, so staying silent is your best option. entrepreneurship, were lowering the cost of legal services and 739 (S.B. This is especially true if you are facing criminal charges related to a sex crime against a child. 458, Sec. (B) causes the child to expose the child's anus or any part of the child's genitals. 221 (H.B. 401), Sec. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. Call (281) 524-2407 to speak to a lawyer today. (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. (3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. For example, this is a common scenario: Just like that. What should I do if I have been falsely accused of a sex crime? The information on this website is for general information purposes only. Great office staff and assistants. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 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. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. The best way to do it is by seeking sex crimes attorney legal services right away. This is a serious crime that the state of Texas does not take lightly. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. For me, its about living the daddy dream life. Acts 2005, 79th Leg., Ch. 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 Class B misdemeanor. 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 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 Upon conviction, the punishment for indecency with a child by exposure is a prison sentence of 2 to 10 years, a fine of as much as $10,000, or both. If you're looking for an attorney, then look no further! This exemption is called the Romeo and Juliet clause, or close in age exemption. 955 (S.B. (2) is not sent at the request of or with the express consent of the recipient. 399, Sec. A child may see you accidentally and inform his parents, leading to a wrongful accusation. 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. 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. Its considered a second-degree felony in Texas. You do not have JavaScript enabled. In addition, Home > Blog > Understanding Texas Law: Indecency With a Child. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. Jan. 1, 1974. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated 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. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 1, eff. Indecency with a child by exposure is a third-degree felony in the state of Texas. 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. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state. Two to ten years in the state penitentiary. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). When you have to rely solely on the judgment of 12 strangers, going through the judicial process can be a stressful and terrifying experience. In fact, indecency with a child in Texas is always charged as a felony offense. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. INVASIVE VISUAL RECORDING. Get your free ebook today, Have you been charged with indecent exposure in Texas? 1, eff. Sec. September 1, 2011. September 1, 2017. 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. September 1, 2017. 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. Google My Business Page. 549), Sec. At the Law Office of Nathaniel Pitoniak, we believe in the power of legal strategy and comprehensive defense when it comes to indecency with a child by contact cases. The victim must be 17 years old or younger. How do I find the best criminal lawyer in Houston? Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. 29), Sec. Brett A. Podolsky Sept. 1, 1994. 1028, Sec. A music teacher at south euless elementary has been accused of What should I do if I have been falsely accused of date rape? Texas has strict laws on the books about the protection of children. If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. (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 How can criminal charges impact my immigration status? 1.01, eff. These charges can threaten ones employment, housing, and reputation. What Makes a Child Pornography Charge a Federal Case? I share real stories about family life and travel, as well as plenty of auto and tech talk. (4) "Promote" has the meaning assigned by Section 43.21. (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. The state will move forward with the case, even if the person who accused you attempts to recant or wants to drop the domestic violence charges that have been filed against you. UnderPenal Code, Sec. 168, Sec. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. (832) 315-6283 Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. Sec. Sec. These laws are especially designed to shield children from becoming the victims of sexual offenses. 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. 1, eff. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). 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. (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. The lady, Sara Soto, met and hung out with Fred, his boyfriend, and family drinking alcohol until 4 a.m. 47 year old Fred Guerra Martinez from San Antonio falsely imprisoned for Indecency of The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. This can have a major impact on where a person lives, works, and how they are perceived in their communities. A child under the age of 17 (so that is a 16 year old or below) cannot consent to any sexual acts with an adult, except under a few narrowly defined exceptions. September 1, 2007. September 1, 2021. Child Protective Services and anyone involved in the legal system will not believe your story. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. 2552), Sec. Its vital to explore the evidence and get to the heart of the matter. (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. McKinney, TX 75070. Absent this intent, the accusations may not hold up in a court. , 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. You can provide an alibi if you were not present at the place when the incident occurred. If your crime consists of touching: Lifetime sex offender registry. Jan. 1, 1974. 207), 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. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. 1, eff. 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. Of course, theyll deny it. (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). Learn how a criminal defense attorney can help your case. 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. The crime of indecency with a child by exposure is punishable by a third degree felony. 31, eff. Acts 2021, 87th Leg., R.S., Ch. (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. So, What should you do if this happens First, lets start with what you should not do? Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. But you must do your best to clear your name and salvage your reputation. 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. (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. (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.