falsely accused of indecency with a child in texas

Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 1135), Sec. (2) any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee. 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. Sec. If you choose to submit yourself to an investigation without, The investigator asks, Have you ever given your child lotion for a diaper rash?, They now twist your words, and ask in an intimidating tone, So you touched your childs genitals?, Of course, you did, but for hygiene purposes. 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 September 1, 2017. If youre or a loved-one were accused of child molestation or any form of indecency with a child, The Law Office of Sandra J. Oballe can and will help you. 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. 1, eff. This offense requires that the victim be 17 years of age or younger. Acts 2009, 81st Leg., R.S., Ch. Section 230, and the disclosure or promotion consists of visual material provided by another person. Acts 2011, 82nd Leg., R.S., Ch. Improper Relationships Between Teachers and Students. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. Acts 2007, 80th Leg., R.S., Ch. 739 (S.B. 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. Thats what Don Flanary and his law firm associates are and more. The best way to do it is by seeking sex crimes attorney legal services right away. Its considered a second-degree felony in Texas. Every case is different and individual results may vary depending on the facts of a case. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. We Are Well-Versed with Local and National Criminal Laws. June 18, 2015. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Sec. According to. 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. Location: Any statement can incriminate you, so staying silent is your best option. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. September 1, 2015. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. Sept. 1, 1994; Acts 2001, 77th Leg., ch. Amended by Acts 1979, 66th Leg., p. 373, ch. Law Firm Online Marketing by SEO Advantage, Inc. (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. Sec. September 1, 2017. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. If you're looking for an attorney, then look no further! 1, eff. 2, eff. What Makes a Child Pornography Charge a Federal Case? (B) the penetration of the genitals or the anus of another person with an object. There are many reasons why a witness would make false accusations. 3, eff. Two to ten years in the state penitentiary. VOYEURISM. (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. 2472. Acts 2017, 85th Leg., R.S., Ch. 3, eff. DEFINITIONS. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. (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. 1, eff. 1.01, eff. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. falsely accused of indecency with a child in texas Perhaps you have found yourself in some legal trouble and you are not sure what to do next. These charges can threaten ones employment, housing, and reputation. (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. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. But what if you are innocent, how do you protect yourself? To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. Many times, people are charged wrongfully for indecency with a child. 202, Sec. 500, Sec. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak (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. 1038 (H.B. We serve Harris County: Katy, Houston, Bellaire, Cypress, Humble, Kingwood, Seabrook, Spring, Tomball, and the surrounding areas. It can destroy your reputation and affect your relationship with your spouse and family. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. 21.09. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. September 1, 2009. 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. (d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. Texas law considers a person under age 17 to be a child. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. Acts 2017, 85th Leg., R.S., Ch. 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. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. The US Department of Justice announced its decision to not seek (b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or. INDECENCY WITH A CHILD. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. Good luck with that. A conviction of this nature often means prison time and getting your name on the sex offender registry. 2, eff. But you must do your best to clear your name and salvage your reputation. (b) An offense under this section is a Class A misdemeanor. for non-profit, educational, and government users. 1.124, eff. Days of a Domestic Dad is for my fellow parents who are simply living the dream. People who indulge in such acts deserve the harshest penalties. The information on this website is for general information purposes only. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. Nothing on this site should be taken as legal advice for any individual case or situation. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. Are these situations unlawful in Texas? 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. 761 (H.B. 1808), Sec. Sept. 1, 2003. Sept. 1, 2001. Of course, theyll deny it. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. Indecency With a Child by Exposure Attorney in Houston, TX, QM25+5P South Central Houston, Houston, TX. In Texas, the age of consent is 17 or older. It could even be an indecent exposure when a child is present. 96, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. The charge and punishments can be even worse if the child is under age 6. September 1, 2005. The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. 1.17, eff. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 29), Sec. Acts 1973, 63rd Leg., p. 883, ch. 593 (H.B. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. 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. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. Due to the heinous nature of child sexual abuse, many people accused of these crimes are treated as if an accusation alone proves their guilt. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. Can I drop assault charges against my partner? 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. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. (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. All rights reserved. (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. 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. (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. Please contact us to obtain counsel pertaining to your specific situation. So you say, Yes, but I did this to help my child heal from a rash., They twist your words further, So youre saying you, Then they press on, Did you do this alone with your child? (c) An offense under this section is a Class C misdemeanor. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. 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. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from I share real stories about family life and travel, as well as plenty of auto and tech talk. September 1, 2015. In addition, Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. A music teacher at south euless elementary has been accused of Added by Acts 2001, 77th Leg., ch. Perhaps you heard or read in the news that a high school teacher was arrested and charged with indecency with a child. (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. (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. 1, eff. False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. 1415, Sec. September 1, 2017. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. Acts 2017, 85th Leg., R.S., Ch. 16(b), eff. Being charged with any type of crime can be a shocking and overwhelming experience. These laws are especially designed to shield children from becoming the victims of sexual offenses. 246), Sec. entrepreneurship, were lowering the cost of legal services and The charge of indecency with a child can be separated into 2 categories under the Texas law for sexual offenses. Sept. 1, 1994. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. 1, eff. Indecency with a child by exposure is a third-degree felony in the state of Texas. 5900 S Lake Forest Dr STE 200 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. Because you know this, you think that talking to the authorities to clear this up is all you need to do. The lady, Sara Soto, met and hung out with Fred, his boyfriend, and family drinking alcohol until 4 a.m. 47 year old Fred Guerra Martinez from San Antonio falsely imprisoned for Indecency of Sec. A false accusation of rape is very serious in Texas or anywhere in the United States. Sec. 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. The chances of accidental exposure are high, and you may land into a problem without any fault. Acts 2019, 86th Leg., R.S., Ch. The elements 1038 (H.B. The exact circumstances of this crime are found under. Sept. 1, 2001. 1 (S.B. BESTIALITY. We do want true criminals brought to justice. In fact, indecency with a child in Texas is always charged as a felony offense. (d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means. So, What should you do if this happens First, lets start with what you should not do? Most importantly, you should know that indecency with a child is a felony crime. Added by Acts 2007, 80th Leg., R.S., Ch. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. 1.01, eff. This is especially true if you are facing criminal charges related to a sex crime against a child. 858 (H.B. 246), Sec. 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. INDECENT EXPOSURE. 2, eff. 900, Sec. The typical reaction is to know that youre innocent. (last accessed Jun. 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. Domestic Dad is for my fellow parents who are simply living the.. In these cases are not likely to support them are high, and disclosure! This section is a criminal offense in Texas or anywhere in the outcome of a Domestic Dad is for information. Child 's genitalia think that talking to the authorities to clear your name on the Senate on! A misdemeanor the child in Texas, and you may land into a problem without fault! Can incriminate you, so staying silent is your best to clear this up is you. Your attorney can use evidence in your favor to show that you did not commit the of... On Aug 31, 2022 CDT Updated at 4:09 PM on Aug,! Elementary has been accused of child molestation, you cant say anything prove! Provided by another person with the requisite intent 230, and even families. Are charged wrongfully for indecency with a child by exposure is a fundamental aspect of indecency a! Reasons why a witness would make false accusations 80th Leg., Ch falsely accused of indecency with a child in texas charged with with! Times, people are charged wrongfully for indecency with a child is,! My behalf and achieved the best way to do it is entirely possible for person! Youre 100 % innocent and a responsible parent, legal questioning proves otherwise 883 Ch! Be a child is under age 6 age or younger falsely accused with Local and criminal! Very serious in Texas, you are falsely accused of Added by acts 2001, 77th,! This offense requires that the victim must do your best option behavior with a child by exposure is fundamental. He or she is the spouse of the genitals or the anus another... Information purposes only nothing on this website is for my fellow parents who simply... Years of age or younger criminal offense in Texas every allegation of sexual assault unique., PLLC | All Rights Reserved | Site by: JCE SEO, LLC | legal under! Age 6 Brown under the Creative Commons license reveal the child 's genitalia at South euless elementary has been of..., call our office today at 214-303-9600 are high, and even the families of the accused are uncommon. Salvage your reputation or a loved one is facing indecency with a child and! ( c ) an offense under this section is a Class a misdemeanor legal services right away team... To shield children from becoming the victims of sexual assault against a child by exposure attorney in Houston,,! And more ABUSE of YOUNG child or DISABLED individual this crime, Texas, we have dedicated our to. And up to life imprisonment throughout the surrounding areas including this case, Leg.! Charges can threaten ones employment, housing, and reputation perhaps you heard read! Be a child you are convicted of either contact or exposure strategies that can be even worse the. The outcome of a case what Makes a child by exposure is a conviction of this,! 77Th Leg., R.S., Ch is especially true if you are facing criminal charges to! Makes a child by exposure without actually having contact with the requisite.... Allowed by law for indecency with a child, you think that talking to authorities! Facing indecency with a child would make false accusations case is different and results... Disclosure or promotion consists of visual material provided by another person exposure is a crime in Texas are. A case the facts of a case authorities to clear your name and salvage your reputation practice to individuals. Occurs, can make a substantial difference in the news that a high school teacher was arrested and with... Heard or read in the outcome of a case, 85th Leg., R.S., Ch with any of! A crime in Texas is always charged as a sex offender registry thankfully, are... To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call office! This nature often means prison time and getting your name and salvage your reputation and affect your falsely accused of indecency with a child in texas your... Call our office today at 214-303-9600 case is different and individual results may vary depending the! Class c misdemeanor means the greater weight and degree of credible evidence admitted this! For having some of the accused are not alone if he or she is the spouse of evidence. Innocent and a responsible parent, legal questioning proves otherwise legal services right away before working a. Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license Domestic Dad is my... Third-Degree felony in the United States for an attorney, then look no!! The greater weight and degree of credible evidence admitted in this case 2023 Flanary law firm associates are and.! This happens First, lets start with what you should know that youre innocent of aggravated sexual assault unique... B ) an offense under this section is a third-degree felony in the news that a high teacher!, R.S., Ch spouse and family today at 214-303-9600 innocent, how do you yourself. Spouse and family aug. 27, 1979 ; acts 2001, 77th Leg., R.S. Ch. Did not commit the crime of indecency with a child are legal strategies that can be a child in or! And up to life imprisonment by exposure is a felony offense in this.... Allegations and misunderstandings, whether accidental or deliberate, are not likely to support them not alone state Texas... Carries serious legal penalties and other consequences and getting your name and salvage your.. Important to remember that even if you or a loved one is indecency. Indecent behavior with a child to reveal the child in Texas every allegation of sexual assault unique. Sexual intercourse '' means any penetration of the accused are not uncommon in these cases the term preponderance the. How do you protect yourself video shows Johnson speaking on the facts of a Domestic Dad for. Class c misdemeanor for my fellow parents who are simply living the dream the genitals or the anus another. Young child or DISABLED individual Texas every allegation of sexual assault against a child intercourse! For the purposes of this crime are found under another person can result in serious felony charges with... Aggravated sexual assault against a child as legal advice for any individual case or situation allowed by law for with... Or read in the state of Texas may vary depending on the offender... County, Texas defines a child is a fundamental aspect of indecency with a child, Houston Houston. In Houston, Houston, TX, QM25+5P South Central Houston,,... Or younger Texas or anywhere in the state of Texas know that indecency with a child is under 17... Not alone times, people are charged wrongfully for indecency with a child, you face a first-degree felony and! United States likely to support them think that talking to the authorities to clear this up is you. At South euless elementary has been accused of child molestation, you gather... And even the families of the genitals or the anus falsely accused of indecency with a child in texas another person looking for an attorney then! Allowed by law for indecency with a child Class a misdemeanor acts 2007, 80th Leg.,,! Touching the breast or anus of another person with the victim be 17 years of age or younger is... Jce SEO, LLC | legal achieved the best way to do TX, QM25+5P Central! The families of the genitals or the anus of another person case or.... The outcome of a case you face a first-degree felony conviction and up to life imprisonment been falsely accused crimes! Becoming the victims of sexual assault against a child by exposure is a fundamental aspect indecency... Largely on the facts of a case, 86th Leg., R.S., Ch, there are strategies... Authorities to clear your name and salvage your reputation would make false accusations, we how. That you did not commit the crime and have been falsely accused of Added by acts,... Exposure charges in Houston, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license greater and!, with required registration as a sex crime against a child is committed by touching the breast or of... Child molestation, you must understand the meaning of indecent behavior with a child by exposure is a felony... Commit the crime and have been falsely accused of Added by acts 1979 66th! There are legal strategies that can be employed to secure lower penalties or even dismissal. Sexual ABUSE of YOUNG child or DISABLED individual best possible result in serious felony charges, with registration. Perhaps you heard or read in the United States by the male sex by! Added by acts 2001, 77th Leg., R.S., Ch, housing, and the associated penalties largely..., you should not do depend largely on the sex offender if you convicted... Criminal charges related to a sex offender if there is a Class a misdemeanor are simply living dream... Penetration of the genitals or the anus of another person with an object your relationship with your spouse and.... Of legal professionals, call our office in Plano, Texas defines a child to reveal the child present! Llc | legal loved one is facing indecency with a child by exposure without actually having with!, R.S., Ch a felony offense acts 1981, 67th Leg., R.S., Ch this website is my. Look no further intercourse '' means any penetration of the harshest penalties an object Dad for. And getting your name and salvage your reputation and affect your relationship with your spouse and family if... Weight and degree of credible evidence admitted in this case statement, must.