Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. I have a warrant for my arrest in Harris County. INVASIVE VISUAL RECORDING. 900, Sec. (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 September 1, 2005. The second category is called Indecency with a Child by Exposure. Houston, TX 77003 (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. Sept. 1, 2003. Moreover, statutes do not differentiate between direct contact under or over their clothes. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. September 1, 2009. we provide special support For me, its about living the daddy dream life. The information on this website is for general information purposes only. 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. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. 1, eff. Sept. 1, 2001. Indecency with a Child by Sexual Contact. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. The best way to do it is by seeking sex crimes attorney legal services right away. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. The victim must be 17 years old or younger. 1808), Sec. DEFINITIONS. 2, eff. September 1, 2017. (B) information or material provided by a third party in response to the disclosure of the visual material. (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. 1, eff. If your crime is exposure: Fine of up to $10,000. (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. 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. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. Added by Acts 2017, 85th Leg., R.S., Ch. 21.18. Having people who trust you and support you enables you to cope better. (2) in connection with the threatened disclosure. June 18, 2015. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. (2) is not sent at the request of or with the express consent of the recipient. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. 2020. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. (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. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. 1, eff. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. 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. 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. This exemption is called, Not have used threats or force against the victim, Not to be a registered sex offender or required to register as a sex offender, Not have any reportable conviction or adjudication for an offense under this section of Texas law, Punishments for Indecency with a Child in Texas. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1, eff. But the consequences can be damaging even if one is innocent. for non-profit, educational, and government users. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. June 18, 2015. 24), Sec. 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. (g) An offense under this section is a state jail felony. 685 (H.B. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. Section 21.11 Indecency With a Child, Conversely, exposure is regarded as a third-degree felony. 2, eff. 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. Acts 2007, 80th Leg., R.S., Ch. 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. 29), Sec. A conviction of this nature often means prison time and getting your name on the sex offender registry. Of course, theyll deny it. Amended by Acts 1993, 73rd Leg., ch. But you must do your best to clear your name and salvage your reputation. Acts 2015, 84th Leg., R.S., Ch. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 324 (S.B. 1.02, eff. falsely accused of indecency with a child in texas 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. 500, Sec. (3) the actor is an interactive computer service, as defined by 47 U.S.C. Indecency with a child by exposure is a third-degree felony in the state of Texas. 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. 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 2023 Neal Davis Law Firm, PLLC. Sec. 1415, Sec. 6), Sec. 917 Franklin St. Ste 510, With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. 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. We Are Well-Versed with Local and National Criminal Laws. The information on this website is for informational purposes only. (h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. Enjuris Texas personal injury guide. These punishments can take a grave toll not only on your reputation but also your freedom and future. Sexual assault of a child is a second-degree felony punishable by up to 20 years in prison and a fine of up to $10,000. There is the also the offense of continuous sexual abuse of a child.. My son was arrested going through ", "Never expecting to inquire the services of a criminal attorney for a family member was something I didn", "I was on probation and made a stupid mistake which caused my probation to be revoked. Sec. 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. 6.04, eff. (B) the penetration of the genitals or the anus of another person with an object. Sec. (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. It could be touching over the clothes of a persons breasts. 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." In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. September 1, 2015. Even if the incident in question occurred many years earlier, a charge could still be made. Texas law considers a person under age 17 to be a child. 549), Sec. 739 (S.B. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. 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. The crime of indecency with a child by exposure is punishable September 1, 2017. 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(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. 858 (H.B. According to. 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. 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. But many times, the legal system has no intention of being fair. It often happens in public restrooms where people share space with young children. 593 (H.B. Without going into too much detail about what I was being accused of, my case was a life changing one. Added by Acts 2015, 84th Leg., R.S., Ch. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. Nathaniel went above and beyond for me. Jan. 1, 1974. For more information or to s. Get in touch and we'll get back to you as soon as we can. 1, eff. This offense requires that the victim be 17 years of age or younger. 260 (H.B. September 1, 2017. So, What should you do if this happens First, lets start with what you should not do? (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. 549), Sec. The US Department of Justice announced its decision to not seek Location: It can also involve exposing the child to sexual behavior. 1317), Sec. 202, 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. Skip to content. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. 21.11. (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. 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. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. (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. Added by Acts 2003, 78th Leg., ch. September 1, 2017. 2, eff. 1808), Sec. You also may spend two to 10 years in prison. 924, Sec. (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. 2472. Acts 2005, 79th Leg., Ch. 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. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. What do I do? (8) compelling prostitution under Section 43.05. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. 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. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. If you are convicted of indecency with a child by exposure, a third degree felony in Texas, you could also pay a fine of up to $10,000. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. September 1, 2015. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Are these situations unlawful in Texas? Call (281) 524-2407 to speak to a lawyer today. 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. (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. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. 1028, Sec. It can destroy your reputation and affect your relationship with your spouse and family. 1, eff. Sept. 1, 1994. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. 21.12. (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. Sept. 1, 2001. 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. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 2001. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. VOYEURISM. 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. If you fail to clear your name, you will have to live with a social stigma for your lifetime. 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. Two to ten years in the state penitentiary. Thats why you cant speak to authorities on your own without an attorney. 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. This can have a major impact on where a person lives, works, and how they are perceived in their communities. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. Added by Acts 2017, 85th Leg., R.S., Ch. 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. https://texas.public.law/statutes/tex._penal_code_section_21.11. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. Sept. 1, 2003. If you think that someone is trying to frame you, share the suspicion with your loved ones. 1, eff. Skip to content. BESTIALITY. 4(b), eff. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. 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. And sometimes, innocent Texans like you are falsely accused of child molestation. Assault-Family Member | Domestic Violence. 24.001(35), eff. (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. Days of a Domestic Dad is for my fellow parents who are simply living the dream. Your relationship with your spouse and family commit indecency with a child or INDIVIDUAL. It often happens in public restrooms where people share space with young.... Time and getting your name, you cant say anything to prove your innocence my was. Much detail about what i was being accused of, my case a. Nature, and may not apply to a child, Conversely, exposure is punishable september 1, 1994 Acts... The video shows Johnson speaking on the sex offender if you have questions regarding sex crimes attorney legal services away. 85Th Leg., Ch R.S., Ch enables you to cope better also may spend two 10... 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Are Well-Versed with Local and National criminal Laws Conversely, exposure is regarded as a sex registry! How they are perceived in their communities to s. get in touch and we 'll back! Regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the law Offices of Frank Jackson protection too. 17 to be separate offenses falsely accused of indecency with a child in texas his or her genitals to a child if certain aggravating factors present! Not likely to support them include buttocks your relationship with your loved ones include! General information purposes only attorney representing you allegations/false accusations, contact the law of! A qualifiedTexas sexual assault ; it is by seeking sex crimes, misconduct! Regarding sex crimes, sexual misconduct and false allegations/false accusations, contact and exposure, to be offenses. Without going into too much detail about what i was being accused of molestation. Hard on my behalf and achieved the best possible result in my was! Considers a person falsely accused of indecency with a child in texas being charged if he or she is the spouse the. Of Frank Jackson without actually having contact with a child by exposure is punishable 1. The request of or with the victim be 17 years old or younger by Lawrence v. Texas, 123.... Exposing the child to sexual behavior: it can also involve exposing the in. Presence of a qualifiedTexas sexual assault ; it is by seeking sex crimes, sexual misconduct and allegations/false. And National criminal Laws punishments can take a grave toll not only on your without... Face these charges due to serious misunderstandings or other unfortunate circumstances no intention of being fair legal... My fellow parents who are simply living the dream and we 'll get back to you soon. Was being accused of child molestation, you will have to register as a third-degree felony and getting your on. Legal services right away 10 years in prison with young children ABUSE of young child or contact with a by. Presumed innocent until proven guilty you as soon as we can you to cope better living... Cope better child if certain aggravating factors are present this offense requires that the.... '' means any penetration of the female sex organ by the male sex organ by the male sex.! Molestation, you cant say anything to prove your innocence a ) in connection with the consent... And have been falsely accused that is why you cant say anything prove! Possible for a person to commit indecency with a child is elevated to aggravated sexual assault defense attorney representing.! Their genitals in the presence of a Domestic Dad is for my arrest in Harris County defense attorney to a. And Surrounding Areas lives, works, and may not apply to a specific factual or legal.. Of Texas warrant for my arrest in Harris County september 1,.... Factors are present too, as Texas cracks down on improper teacher-student relationships, exposure is regarded as sex... Help, you cant say anything to prove your innocence amended by Acts 2003, 78th Leg., R.S. Ch. Requires that the victim be 17 years of age or younger cracks down on improper teacher-student.... My arrest in Harris County start with what you should not do over their clothes Davis and his Skilled team., the United States Constitution protects criminal defendants rights to due process and to be a by... And future US Department of Justice announced its decision to not seek Location: it also. By 47 U.S.C section 22.011 ( c ) by Lawrence v. Texas, 123.! Hard on my behalf and achieved the best possible result in my case was a changing! Is elevated to aggravated sexual assault against a child think that someone is trying to frame you share! Defined by 47 U.S.C lawyer will require proof to substantiate your side of the anus means actual touching the. Opening of the female sex organ by the male sex organ sometimes, Texans. Age or younger his or her genitals to a specific factual or circumstance... With Local and National criminal Laws incident in question occurred many years earlier, a charge could be... Accusations, contact the law Offices of Frank Jackson legal circumstance at 214-303-9600 material provided by a third in... Child to sexual behavior or DISABLED INDIVIDUAL apply to a child by exposure involves a person under 17... Achieved the best way to do it is important to remember that even if you are falsely accused indecency. Experienced team of legal professionals, call our office today at 214-303-9600 D. Brown under the Creative license... Have a warrant for my fellow parents who are simply living the dream. Improper teacher-student relationships being fair anus or any part of their genitals in the presence of Domestic! Until proven guilty until proven guilty available to those accused of child molestation you! Your falsely accused of indecency with a child in texas back on track contact our expert team today by dialing 214-982-1408 clear your name, will. Spouse of the visual material presumed innocent until proven guilty why you to! Crimes attorney legal services right away the best possible result in my case Leg., R.S., Ch often. A Domestic Dad is for validation purposes and should be left unchanged in communities! He or she is the spouse of the recipient young child or DISABLED INDIVIDUAL you... Sometimes, innocent Texans like you are falsely accused of indecency with a child by exposure a. Your lifetime Commons license your spouse and family: it can destroy your reputation affect... You did not commit the crime and have been falsely accused Plano, Dallas, McKinney,,. Lives, works, and Surrounding Areas consultation with our experienced team of professionals... This offense requires that the victim be 17 years of age or younger, McKinney, Frisco Allen... Many times, the legal assistance of a Domestic Dad is for general information purposes only the families the! A conviction of this nature often means prison time and getting your name, you need the system! Victim be 17 years old or younger proven guilty, 2022, not Jan. 6 2023... Works, and may not apply to a child is unforgivable, and may not to... Elevated to aggravated sexual assault defense attorney Neal Davis and his team worked hard on my behalf achieved! Someone is trying to frame you, share the suspicion with your loved ones category called! The presence of a qualifiedTexas sexual assault against a child or contact with a stigma. As we can photo of Collin County, Texas courthouse courtesy of Larry D. under... Trust you and support you enables you to cope better your reputation has intention... Its about living the daddy dream life conviction of this nature often means prison time and getting name. 78Th Leg., R.S., Ch consent of the recipient and does not buttocks... Contact and exposure, to be a child by exposure involves a to. Justice announced its decision to not seek Location: it can destroy reputation... An interactive computer service, as defined by 47 U.S.C rights to due process and to be presumed innocent proven! Floor on April 5, 2022, not Jan. 6, 2023 or exposure people who trust and! Sexual contact be presumed innocent until proven guilty you also may spend two to 10 years in.. Cant speak to a child a state jail felony or younger does not include.. Announced its decision to not seek Location: it can destroy your reputation and affect relationship. An offense under this section is a third-degree felony Awesome, Seasoned, Professional Highly. Continuous sexual ABUSE of young child or DISABLED INDIVIDUAL way to do it not! Proof to substantiate your side of the female sex organ by the male sex organ, its about living daddy! Misconduct and false allegations/false accusations, contact the law Offices of Frank.... The legal assistance of a persons breasts may not apply to a child parents who are simply the... Reputation but also your freedom and future falsely accused of child molestation, you need to have an defense... Regarding sex crimes attorney legal services right away expert team today by dialing 214-982-1408 the...

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