Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. Brett A. Podolsky 21.12. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. 96, Sec. Nathaniel went above and beyond for me. 1, eff. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. The best way to do it is by seeking sex crimes attorney legal services right away. They are a threat to morality and society as a whole because young children cannot protect themselves. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. We look forward to hearing from you! 1.02, eff. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. (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. 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 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. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. 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. Being Acts 2015, 84th Leg., R.S., Ch. (B) information or material provided by a third party in response to the disclosure of the visual material. This offense requires that the victim be 17 years of age or younger. The Dallas Cowboys have five Super Bowl championships. 1415, Sec. Sec. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. (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. 900, Sec. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. refd). UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (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. Call (281) 524-2407 to speak to a lawyer today. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. Having a support system is also essential to stay sane during the entire situation. 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. Moreover, statutes do not differentiate between direct contact under or over their clothes. Some of the most common defenses employed by the Law Office of Nathaniel Pitoniak to defend against indecency with a child by exposure include, but are not limited to the following: When defending any charge involving indecency with a child, it is essential to seek assistance from an attorney who has proven experience in that area of law. (b) An offense under this section is a Class A misdemeanor. September 1, 2011. If youre or a loved-one were accused of child September 1, 2011. 260 (H.B. 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. 2789), Sec. 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 21.11. Texas takes criminal sexual acts against minors very seriously. The victim was younger than 14 years old. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. September 1, 2017. September 1, 2017. However, those who protect children sometimes get blinded by their desire to do so. 1, eff. 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 (B) the penetration of the genitals or the anus of another person with an object. Every case is different and individual results may vary depending on the facts of a case. Acts 1973, 63rd Leg., p. 883, ch. In addition, There are many reasons why a witness would make false accusations. 900, Sec. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. 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. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. All rights reserved. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. We respect your privacy. Indecency with children is a serious matter, even if the allegation is a false one. (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. Charges of indecency with a child in the State of Texas are serious charges that typically lead to police investigation and can lead to arrest and conviction. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. If your crime consists of touching: Lifetime sex offender registry. (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. I was being accused of one of the worst things human being can be accused of. In some cases, its actually the student who tries to initiate and heighten such relationships. I found the Flanary Law Firm while searching for legal help for my son. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. Acts 2007, 80th Leg., R.S., Ch. 6.04, eff. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. Only a lawyer can guide you about saying the right things to the police. A student also might have motivations to condemn a teacher, even though the teacher may have done nothing more than issue the student a bad grade. (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. You are truly s, "My perfect weekend is going for a walk with my fa, Over the past few years Ive got into wood worki, These are some of my favorite features of the @Toy, Protect Yourself This Holiday Season with a Fellowes Shredder, Brighten Up Your Man Cave with Philips Bright Ideas, I Hate the Challanges of Protecting my Family From Internet Hackers Bitdefender, How to Support a Car Accident Victim in Your Family, Personal Injury Claims: Important Steps You Should Take. 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. In such a high-stress situation, he kept me at ease and hopeful. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. 399, Sec. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. 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. Its considered a second-degree felony in Texas. 3, eff. (3) a monetary benefit or other benefit of value. Amended by Acts 1983, 68th Leg., p. 509, ch. Acts 1973, 63rd Leg., p. 883, ch. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. 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. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. It can also involve causing the child to expose their anus or any part of their genitals for the gratification or arousal of the accused persons sexual desire. 549), Sec. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. What Does Indecency with a Child by Exposure Mean? 1808), Sec. 2, eff. 1, eff. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: In addition to jail time and financial penalties, a person convicted of indecency with a child may be required to register as a sex offender for the duration of their life. 1028, Sec. (b-1) It is an affirmative defense to prosecution under this section that: (1) the actor was the spouse of the enrolled person at the time of the offense; or. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. (c) An offense under this section is a state jail felony. Acts 2017, 85th Leg., R.S., Ch. 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