(c) An offense under this section is a state jail felony. Skip to content. What Makes a Child Pornography Charge a Federal Case? Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. 2, eff. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. (e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. 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. It is natural to feel stressed and unhappy when facing such serious allegations. Amended by Acts 1983, 68th Leg., p. 509, ch. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. 1, eff. 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. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). 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. How do I find the best criminal lawyer in Houston? Acts 2015, 84th Leg., R.S., Ch. 21.02. Sept. 1, 2003. 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. It could even be an indecent exposure when a child is present. 202, Sec. These charges can threaten ones employment, housing, and reputation. 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. (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. The first is called Indecency with a Child by Contact. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. Texas uses two categories for indecency with a child. 917 Franklin St. Ste 510, 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. Board Certified, Criminal Law Texas Board of Legal Specialization. Sept. 1, 2001. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. 610 (H.B. SEXUAL COERCION. Join thousands of people who receive monthly site updates. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). First, you should know that under Texas law, a child is someone under the age of 17. 24.001(35), eff. An attorney and client relationship should not be implied. Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. 2023 Neal Davis Law Firm, PLLC. Fortunately, there are defenses available to those accused of sex crimes in Texas. Added by Acts 2015, 84th Leg., R.S., Ch. (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. How can criminal charges impact my immigration status? We attempt to provide quality information, but the law changes frequently, and varies from place to place. 246), Sec. September 1, 2009. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. we provide special support The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. 1, eff. The information on this website is for informational purposes only. (a) An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; (2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is: (A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or, (B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or. Indecency with a child by exposure is a third-degree felony in the state of Texas. Starr Law, P.C. 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 What Happens If I Am Accused of Human Trafficking. The information on this website is for general information purposes only. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. (g) An offense under this section is a state jail felony. Acts 1973, 63rd Leg., p. 883, ch. (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. Sec. Sept. 1, 2001. Added by Acts 2001, 77th Leg., ch. I found the Flanary Law Firm while searching for legal help for my son. 21.11. 1808), Sec. 1, eff. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Nathaniel went above and beyond for me. 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. Amended by Acts 1981, 67th Leg., p. 472, ch. If your crime consists of touching: Lifetime sex offender registry. Remember that you should not give a statement to the police without speaking to the lawyer first. This offense can involve causing the child to engage in sexual conduct. People who indulge in such acts deserve the harshest penalties. Criminaldefenseattorneyplano.com by Starr Law, P.C. September 1, 2017. 1317), Sec. 399, Sec. September 1, 2011. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. Children are innocent and would never lie like this. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. (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. If youre or a loved-one were accused of child 458, Sec. September 1, 2017. A mistake about the childs age is not a defense to the charge. I share real stories about family life and travel, as well as plenty of auto and tech talk. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. These factors include but are not limited to: The perpetrator threatens the child with kidnapping, bodily injury, or death; The victim received significant bodily injury; The perpetrator attempted to cause the childs death; The use of a date rape drug such as Rohypnol, ketamine, or gamma-hydroxybutyrate; and. 549), Sec. In addition, The elements Acts 2017, 85th Leg., R.S., Ch. 1, eff. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. UnderPenal Code, Sec. Having people who trust you and support you enables you to cope better. Jan. 1, 1974. 500, Sec. 246), Sec. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (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 As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. Kent Starr Attorney at Law Days of a Domestic Dad is for my fellow parents who are simply living the dream. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Are you currently wondering what should you do if falsely accused of child molestation in Texas? What about sports teams that must change and shower when coaches are present? 21.01. How Serious is a Charge of Indecency With a Child? We serve Harris County: Katy, Houston, Bellaire, Cypress, Humble, Kingwood, Seabrook, Spring, Tomball, and the surrounding areas. (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. The typical reaction is to know that youre innocent. 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. What should I do if I have been falsely accused of a sex crime? What should I do if I have been falsely accused of domestic violence? Section 230, and the disclosure or promotion consists of visual material provided by another person. In some cases, its actually the student who tries to initiate and heighten such relationships. I highly recommend him. September 1, 2021. 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. Download Vcard Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. In fact, theyll use what you say against you in court! Acts 2019, 86th Leg., R.S., Ch. Sec. Get your free ebook today, Have you been charged with indecent exposure in Texas? Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. September 1, 2017. Together, you can think of ways to find evidence showing your innocence. If you fail to clear your name, you will have to live with a social stigma for your lifetime. 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 the defendant exposes his anus or any part of his genitals, knowing the child is present or causes the child to expose the childs anus or any part of the childs genitals; the defendant acted with the intent to arouse or gratify the sexual desire of any person; the child is younger than seventeen (17) years; and, not more than three years older than the victim, if any, and, did not use duress, force, or a threat against the victim at the time of the offense, if any, and, at the time of the offense was not required to register for life as a sex offender under Chapter 62 of the Code of Criminal Procedure, or. Have you been charged with indecent exposure in Texas? 1.01, eff. What is the Penalty for Indecency with a Child in Texas? What should I do if my spouse calls the police on me? (b) An offense under this section is a Class B misdemeanor. Acts 2017, 85th Leg., R.S., Ch. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. I lost ", He doesn't give up, no matter what you're up against. https://texas.public.law/statutes/tex._penal_code_section_21.11. Even if the incident in question occurred many years earlier, a charge could still be made. Sept. 1, 1981; Acts 1987, 70th Leg., ch. September 1, 2015. 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. He worked diligently to get my case dismissed. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. September 1, 2007. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. 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. Sec. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. If the victim and the offender are married, the offender may not be able to be charged with this crime. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. , which discusses the crime of indecency with a child. 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 Call (281) 524-2407 to speak to a lawyer today. 1038 (H.B. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. 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. Good luck with that. Acts 2007, 80th Leg., R.S., Ch. Results noted are not predictive of future results. (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 chances of accidental exposure are high, and you may land into a problem without any fault. 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. Conversely, exposure is regarded as a third-degree felony. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. 401), Sec. According to. Even better, get some witnesses to vouch for your good conduct or relationship with the child. Acts 2011, 82nd Leg., R.S., Ch. (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. This is especially true if you are facing criminal charges related to a sex crime against a child. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. 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. Acts 2009, 81st Leg., R.S., Ch. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. 3, eff. You do not have JavaScript enabled. Given how steep the penalties are for a conviction of indecency with a child, you need to have an experienced defense attorney representing you. Improper Relationships Between Teachers and Students. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. 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. Acts 2009, 81st Leg., R.S., Ch. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. 852 (S.B. 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. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). 3, eff. Please contact us to obtain counsel pertaining to your specific situation. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. 1232), Sec. (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. (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. Of course, theyll deny it. To 1, eff. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. At The Crowder Law Firm, P.C., we have secured more than 250 not-guilty verdicts and acquittals, and we will fight on your behalf. (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. 7, 2021). For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. Its easy to make a claim, even if it isnt true, and teachers who are accused of having an inappropriate relationship with a student arent always guilty. A music teacher at south euless elementary has been accused of Jan. 1, 1974. Texas takes criminal sexual acts against minors very seriously. 2009). The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. Being The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. (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). 848 (H.B. (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. 96, Sec. (4) "Promote" has the meaning assigned by Section 43.21. Here are some insights on dealing with a false accusation for indecency with a child. 2, eff. 2552), Sec. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. It is crucial to understand the implications and plan a defense strategy to prove your innocence. (c) An offense under this section is a Class C misdemeanor. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. 2, eff. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. Great office staff and assistants. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. Added by Acts 2019, 86th Leg., R.S., Ch. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. 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. 1317), Sec. Learn all about the legal process and your legal rights. 178 (S.B. For more information or to s. Get in touch and we'll get back to you as soon as we can. This means a child who is 17 can legally consent to having sex. If you were charged with the felony offense of idecency with a child by conduct or exposure then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX. June 18, 2015. What Does Indecency with a Child by Exposure Mean? Sec. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. Amended by Acts 2003, 78th Leg., ch. 2020. 858 (H.B. INDECENCY WITH A CHILD. 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. The crime of indecency with a child by exposure is punishable by a third degree felony. Texas law considers a person under age 17 to be a child. (d) 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 or the other law. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated Can I drop assault charges against my partner? He kept me updated with all details throughout the process. Youre lying!. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2). 1488), Sec. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. (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. Upon conviction, the punishment for such a crime is a prison sentence of 2 to 20 years, a fine of as much as $10,000, or both. If your crime is exposure: Fine of up to $10,000. What should I do if I have been falsely accused of date rape? September 1, 2021. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. (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. Through social 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. 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. 2552), Sec. Added by Acts 2015, 84th Leg., R.S., Ch. When you have to rely solely on the judgment of 12 strangers, going through the judicial process can be a stressful and terrifying experience. These punishments can take a grave toll not only on your reputation but also your freedom and future. 2789), Sec. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. And its a common-sense reaction. 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. If you're looking for an attorney, then look no further! (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. 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. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. (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. 739 (S.B. (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. (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. Acts 1973, 63rd Leg., p. 883, ch. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. Sec. (4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction. (2) "Sexual conduct" has the meaning assigned by Section 43.25. Acts 2005, 79th Leg., Ch. Google My Business Page. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. The US Department of Justice announced its decision to not seek 772 (H.B. Houston, TX 77003 Mandatory sex offender registry upon release. 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. Updated on August 23, 2022. (b) An offense under this section is a Class C misdemeanor. (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. (f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim. 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. 1135), Sec. 207), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. The use of this form does not establish an attorney-client relationship. (b) An offense under this section is a felony of the second degree. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. 2, eff. Sec. This field is for validation purposes and should be left unchanged. 21.18. Added by Acts 2017, 85th Leg., R.S., Ch. 739, Sec. The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. Added by Acts 2017, 85th Leg., R.S., Ch. This exemption is called the Romeo and Juliet clause, or close in age exemption. Attorney Brett Podolsky can help . 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. There are many reasons why a witness would make false accusations. 21.08. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2017. Amended by Acts 1993, 73rd Leg., ch. September 1, 2017. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. So, What should you do if this happens First, lets start with what you should not do? Join our newsletter to get the latest news, Humility in Parenting Dad/Daughter Quotes Dad's Love is Powerful Be a Good Dad, Planning a Vacation Vacation Campsites Perfect Campground Best National Parks, Grill Besides Burgers Pancake Mini Muffins Mixed Berry Strudel Bean Quesadilla, Install Solar Panels Clean Your Dryer Vent Make Money Off Land Grilling Tips & Tricks, Youre My Favorite Person To Travel With , Every single day I am thankful for you and the lov, Happy Birthday to My Best Friend. I have a warrant for my arrest in Harris County. 1, eff. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. 549), Sec. Learn how a criminal defense attorney can help your case. 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. 6.04, eff. Communicate the entire event and circumstances. (2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above. Acts 1973, 63rd Leg., p. 883, ch. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. Acts 2011, 82nd Leg., R.S., Ch. Many times, those accusers have a vendetta, or are simply looking for attention. Acts 2017, 85th Leg., R.S., Ch. 98), Sec. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. 260 (H.B. In Texas, the age of consent is 17 or older. 900, Sec. 1.17, eff. This is a serious crime that the state of Texas does not take lightly. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. (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. While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including: A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." 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. Alternatively, one must have caused a child who is 17 years of age and younger to expose any part of their genitals or anus for the sole purpose of the adult becoming sexually aroused or gratifying their own sexual desire.

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