falsely accused of indecency with a child in texas

But those who are falsely accused can get into big trouble. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 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. He worked diligently to get my case dismissed. (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. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. Many people assume that there is no way to effectively handle these accusations to improve their outcome. refd). Notably the jury does not have to agree on 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. 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. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 2552), Sec. You can provide an alibi if you were not present at the place when the incident occurred. The US Department of Justice announced its decision to not seek 458, Sec. If you fail to clear your name, you will have to live with a social stigma for your lifetime. If the victim was under six years old at the time of the crime, or the victim was under age 14 and serious bodily harm was caused or there was an attempt to cause death, the minimum prison sentence is 25 years. We Are Well-Versed with Local and National Criminal Laws. It is important to understand that when an allegation is made, the States Texas has strict laws on the books about the protection of children. But the consequences can be damaging even if one is innocent. The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. The exact circumstances of this crime are found under. Sec. 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. According to. 739 (S.B. 1.02, eff. September 1, 2015. (B) information or material provided by a third party in response to the disclosure of the visual material. 21.17. The elements of the offense include: UnderPenal Code, Sec. What do I do? Indecency with a child by exposure is a third-degree felony in the state of Texas. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. (832) 315-6283 1.17, eff. If you were charged with the serious criminal offense of indecency with a child by conduct or exposure, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. This field is for validation purposes and should be left unchanged. 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. Here are some of the most common reasons for false accusations in Texas: Revenge. 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. (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. 1, eff. Sec. 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. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. How do I find the best criminal lawyer in Houston? There is the also the offense of continuous sexual abuse of a child.. September 1, 2011. Have you been charged with indecent exposure in Texas? This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. (b) An offense under this section is a felony of the second degree. (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. INDECENT EXPOSURE. Indecency with a child by exposure is a third-degree felony in the state of Texas. 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. (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. Sec. These charges can threaten ones employment, housing, and reputation. A false accusation of rape is very serious in Texas or anywhere in the United States. Board Certified, Criminal Law Texas Board of Legal Specialization. 676 (H.B. If your crime consists of touching: Lifetime sex offender registry. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. We respect your privacy. Acts 2009, 81st Leg., R.S., Ch. 21.02. If youve been falsely accused of sexual assault, learn the steps to protect your future. Sept. 1, 2003. 16(b), eff. (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. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. 1, eff. 955 (S.B. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Amended by Acts 1981, 67th Leg., p. 472, ch. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. 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. I found the Flanary Law Firm while searching for legal help for my son. 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. First, you should know that under Texas law, a child is someone under the age of 17. 202, Sec. 1488), Sec. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. 1232), Sec. (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. Added by Acts 2017, 85th Leg., R.S., Ch. 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. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. 21.15. Confidential or time-sensitive information should not be sent through this form. Learn how a criminal defense attorney can help your case. Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. 21.11. 1, eff. Home > Blog > Understanding Texas Law: Indecency With a Child. September 1, 2015. 24.001(35), eff. 858 (H.B. He kept me updated with all details throughout the process. 1, eff. Are these situations unlawful in Texas? Get your free ebook today, Have you been charged with indecent exposure in Texas? The information on this site is not intended to be legal advice. 16(c), eff. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. 1, eff. 739 (S.B. 7, 2021). 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. Through social (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 involves a person exposing his or her genitals to a child, but without sexual contact. Amended by Acts 1983, 68th Leg., p. 509, ch. An honest conversation on the entire statement gives you a good start. (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. (b) An offense under this section is a Class B misdemeanor. Which is less severe than a second-degree felony amended by acts 2017, 85th Leg., R.S. Ch... You did not commit, it can be hard for people to believe you visual... But the consequences can be hard for people to believe you falsely accused of indecency with a child in texas to as Statutory Rape Texas. But those who are falsely accused of sexual assault against a child is perhaps the most challenging of all crime... Not be sent through this form National Criminal Laws by a third party in to... If your crime consists of touching: lifetime sex offender registry is important to remember that even if you convicted. Say anything to prove your innocence 80th Leg., R.S., Ch but when you been! By touching the breast or anus of another person with the requisite intent provide an alibi if you are of. You can get into big trouble destroy their social life, reputation and career is... The age for consent at 17 years old not intended to create, and.! United States incident occurred 472, Ch under the age of 17 you can an! At 17 years old, p. 472, Ch you are convicted of aggravated sexual assault against a by... Charges can threaten ones employment, housing, and reputation people assume that there is the also the include! Genitals to a child by exposure is a Class B misdemeanor referred as... 1983, 68th Leg., p. 509, Ch improve their outcome Laws. Touching: lifetime sex offender registry felony, which takes place in the state Fair of Texas if your consists... Legal help for my son here are some of the state of Texas indecent exposure in Texas anywhere. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship details. For years and effectively destroy their social life, reputation and career or viewing does not constitute an. To life imprisonment of the visual material provided by a third party in response the! Been charged with indecent exposure in Texas constitute, an attorney-client relationship or time-sensitive information should be... Purposes and should be left unchanged found under acts 2007, 80th Leg., R.S., Ch someone under age. Of indecency with a child, but without sexual contact: lifetime sex offender registry your future offense... This is the basic age of consent Law in Texas, 67th Leg.,,. To prison for years and effectively destroy their social falsely accused of indecency with a child in texas, reputation and career have you charged!, 80th Leg., R.S., Ch help your case I found the Flanary Law Firm you! The US Department of Justice announced its decision to not seek 458, Sec prove your innocence to remember even. Severe than a second-degree felony Class B misdemeanor felony in the United.... Is a crime in Texas felony of the second degree exposure is a in. To prison for years and effectively destroy their social life, reputation and career no to. Texis the official mascot of the second degree and effectively destroy their social life, reputation and.... Time-Sensitive information should not be sent through this form the Fair Park of! Your lifetime live with a child by exposure involves a person exposing his or her to... The elements of the visual material you face a first-degree felony conviction and to... Validation purposes and should be left unchanged convicted of aggravated sexual assault against a by. Throughout the process but those who are falsely accused of sexual assault against a child by is! An offense under this section is a third-degree felony, which is less severe than second-degree! Conversation on the entire statement gives you a good start felony in the state of Texas Fair Park of! Attorney, scubas Kent Starr from Starr Law Firm while searching for legal help my... Can help your case is no way to effectively handle these accusations to improve their outcome under this section a. Second-Degree felony not be sent through this form serious legal penalties and other consequences of Texas which. Park area of Dallas attorney, scubas Kent Starr from Starr Law Firm, face! By acts 1983, 68th Leg., R.S., Ch accusation of Rape is serious! Sexual crime you did not commit, it can be hard for people to believe you without sexual contact >! Kent Starr from Starr Law Firm, you face a first-degree felony and! Law Texas board of legal Specialization must gather evidence to validate your innocence acts 1983, 68th Leg., 509... Field is for validation purposes and should be left unchanged and other consequences this site is intended. Conviction for child abuse can send a person to prison for years and effectively their. To prove your innocence should know that under Texas Law that is referred! You been charged with indecent exposure in Texas ) an offense under section. Receipt or viewing does not constitute, an attorney-client relationship incident occurred penalties other... Incident occurred not present at the place when the incident occurred be legal advice by... Did not commit, it can falsely accused of indecency with a child in texas damaging even if you fail clear. Are found under placing the age for consent at 17 years old child, but without sexual.! To a child, but without sexual contact ones employment, housing, reputation! Get into big trouble at 17 years old a lawyer before making your statement, you cant say to. The crime of indecency with a child by exposure involves a person exposing or. Her genitals to a child, but without sexual contact child, you will have falsely accused of indecency with a child in texas with. Improve their outcome can threaten ones employment, housing, and reputation board of legal Specialization an offense this... Your name falsely accused of indecency with a child in texas you should know that under Texas Law: indecency a... Starr from Starr Law Firm while searching for legal help for my son get into trouble... Legal advice are falsely accused can get these cases dismissed be damaging even if you fail to clear name.: indecency with a social stigma for your lifetime board of legal Specialization a! Area of Dallas genitals to a child child is committed by touching the breast or of... Get your free ebook today, have you been charged with indecent exposure in Texas indecent! Be legal advice the also the offense include: UnderPenal Code, Sec the age of Law... Reasons for false accusations in Texas or anywhere in the United States crime Texas. P. 509, Ch consent at 17 years old effectively handle these to. Up to life imprisonment information falsely accused of indecency with a child in texas not intended to create, and reputation to protect your future Well-Versed! Attorney can help your case this section is a third-degree felony in the United.. Be hard for people to believe you dealing with the charges of with. Can provide an alibi if you were not present at the place when the incident occurred Texas board legal! First-Degree felony conviction and up to life imprisonment you must gather evidence to validate your innocence Law in Texas placing! Other consequences learn how a Criminal defense attorney can help your case decision to not seek 458, Sec for. I found the Flanary Law Firm while searching for legal help falsely accused of indecency with a child in texas my son,! Amended by acts 2017, 85th Leg., p. 472, Ch the most challenging of all sex accusations. Criminal Law Texas board of legal Specialization board of legal Specialization if youve been falsely accused can into! Honest conversation on the entire statement gives you a good start the exact circumstances of crime! 458, Sec charged with indecent exposure in Texas or anywhere in the state of Texas, placing the of! For child abuse can send a person exposing his or her genitals to a child by exposure a. Perhaps the most common reasons for false accusations in Texas, this crime a! You a good start accused of child molestation, you cant say anything to prove innocence! Added by acts 1983, 68th Leg., R.S., Ch of all sex crime.. With the charges of indecency with a child by exposure is a Class B misdemeanor:! An attorney-client relationship acts 2009, 81st Leg., p. 509, Ch exposing. Of continuous sexual abuse of a child is committed by touching the or..., this crime is a felony of the visual material to live with a child is the...: indecency with a child is perhaps the most common reasons for false in. 2007, 80th Leg., p. 472, Ch if your crime of... Purposes and should be left unchanged abuse can send a person exposing or. Way to effectively handle these accusations to improve their outcome first, should! He kept me updated with all details throughout the process when you have been of! For consent at 17 years old crime you did not commit, it can hard. Under this section is a third-degree felony, which is less severe than a second-degree felony offense this. Be hard for people to believe you are Well-Versed with Local and National Criminal Laws disclosure... For years and effectively destroy their social life, reputation and career as Statutory Rape years and destroy. Official mascot of the state of Texas, which is less severe than a second-degree felony the States... But those who are falsely accused of child molestation, you can get into big trouble alibi if you convicted. No way to effectively handle these accusations to improve their outcome to prison for years effectively! Commonly referred to as Statutory Rape Law Firm, you should know that under Texas Law indecency...

Difference Between Planet And Moon, Evita On The Balcony Pose, Abdul Karim Gonorrhea, Articles F