falsely accused of indecency with a child in texasGenel

Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. The crime of sexual assault against a child is committed if an individual knowingly: Causes penetration of a childs sexual organ or anus by any means; Causes penetration of the mouth of a child with his or her sexual organ; or. All rights reserved. (c) An offense under this section is a Class C misdemeanor. Call (210) 934-4774for a free and confidential consultation to discuss your case today. I found the Flanary Law Firm while searching for legal help for my son. First, you should know that under Texas law, a child is someone under the age of 17. Sept. 1, 2003. Having people who trust you and support you enables you to cope better. Namely, the offender must: If you meet these criteria and stand accused of committing indecency with a child, you could be prosecuted in court and face a myriad of harsh penalties that are allowable under Texas state law. Acts 2021, 87th Leg., R.S., Ch. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. 207), Sec. Indecency with a child by exposure is a third-degree felony in the state of Texas. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. September 1, 2009. Updated on August 23, 2022. Notably the jury does not have to agree on (g) An offense under this section is a state jail felony. (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. (f) It is an affirmative defense to prosecution under Subsection (b) or (d) that: (1) the disclosure or promotion is made in the course of: (A) lawful and common practices of law enforcement or medical treatment; (C) a legal proceeding, if the disclosure or promotion is permitted or required by law; (2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of: (B) the person engaging in sexual conduct; or. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. September 1, 2017. (2) "Sexual contact" means, except as provided by Section 21.11 or 21.12, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. 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. For me, its about living the daddy dream life. INDECENT EXPOSURE. (d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code. Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 2, eff. 631 (H.B. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. 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. 1038 (H.B. 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. The typical reaction is to know that youre innocent. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. 739, Sec. (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. (B) information or material provided by a third party in response to the disclosure of the visual material. Amended by Acts 1979, 66th Leg., p. 373, ch. What should I do if I have been falsely accused of a sex crime? Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. How Do Prosecutors Prove Intent to Distribute in Texas? 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. Together, you can think of ways to find evidence showing your innocence. Texas law considers a person under age 17 to be a child. 29), Sec. 7), Sec. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. 3, eff. Sept. 1, 2001. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. (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. You need to have sound legal counsel on your side so you dont fall into this trap. 1, eff. 1.01, eff. (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. (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. September 1, 2017. 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. Sept. 1, 2001. Added by Acts 2015, 84th Leg., R.S., Ch. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 900, Sec. (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. Houston, TX 77003 324 (S.B. They are a threat to morality and society as a whole because young children cannot protect themselves. refd). Acts 2007, 80th Leg., R.S., Ch. What Does Indecency with a Child by Exposure Mean? (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. (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. The information on this site is not intended to be legal advice. The elements of the offense include: UnderPenal Code, Sec. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. 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. 900, Sec. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. (1) 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. Look for physical evidence like clothes, photos, and videos. How Serious is a Charge of Indecency With a Child? You also may avoid having to register as a sex offender in Texas. June 18, 2015. 3, eff. 2, eff. 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 (3) the actor is an interactive computer service, as defined by 47 U.S.C. This offense requires that the victim be 17 years of age or younger. The US Department of Justice announced its decision to not seek Acts 2015, 84th Leg., R.S., Ch. But those who are falsely accused can get into big trouble. I was being accused of one of the worst things human being can be accused of. 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. Get your free ebook today, Have you been charged with indecent exposure in Texas? 96, Sec. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. This offense requires that the victim be 17 years of age or younger. 1610), Sec. 1, eff. Learn all about the legal process and your legal rights. I share real stories about family life and travel, as well as plenty of auto and tech talk. All rights reserved. 21.11. 21.09. (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. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. Given how steep the penalties are for a conviction of indecency with a child, Improper Relationship Between Educator and Student, Learn how a criminal defense attorney can help your case. (2) in connection with the threatened disclosure. (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. These punishments can take a grave toll not only on your reputation but also your freedom and future. 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. 549), Sec. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. 900, Sec. 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. Sept. 1, 1994. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. These exemptions are clearly defined, however, and must be satisfied precisely for a person to avoid being charged with indecency with a child in Texas. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). (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. Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. Sex crimes involving children are among the most serious crimes. I have read and understand the Disclaimer and Privacy Policy. (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. 739, Sec. (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. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. 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. 1488), Sec. (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. 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. 2023 Neal Davis Law Firm, PLLC. 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