202, Sec. Sec. 1232), Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 For me, its about living the daddy dream life. 739 (S.B. Coercing the child to show their private parts is also an offense. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. 1 (S.B. 221 (H.B. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Updated on August 23, 2022. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. How Serious is a Charge of Indecency With a Child? 2, eff. 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." 375), Sec. 2, eff. It could even be an indecent exposure when a child is present. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. The victim must be 17 years old or younger. Texas state law infers intention of either of these categories from the offenders conduct. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. Sept. 1, 1981; Acts 1987, 70th Leg., ch. (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. 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. Added by Acts 2015, 84th Leg., R.S., Ch. Indecency with a child through exposure is a third-degree felony punishable by a fine of up to $10,000 and up to 10 years of incarceration. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. 260 (H.B. September 1, 2017. It often happens in public restrooms where people share space with young children. 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. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. Amended by Acts 1983, 68th Leg., p. 509, ch. If youve been falsely accused of sexual assault, learn the steps to protect your future. 246), Sec. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. 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. 1.01, eff. 685 (H.B. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: A person knowingly exposes the anus or any part of their genitals to a child; or, A person causes a child to expose their anus or any part of their genitals. Brett A. Podolsky 1, eff. (B) causes the child to expose the child's anus or any part of the child's genitals. The term sexual contact, means any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or 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 with the intent to arouse or gratify the sexual desire of any person. 399, Sec. A child under the age of 17 (so that is a 16 year old or below) cannot consent to any sexual acts with an adult, except under a few narrowly defined exceptions. Indecency with a child by exposure is a third-degree felony in the state of Texas. September 1, 2017. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. 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. 1, eff. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. HOMOSEXUAL CONDUCT. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. 4(b), eff. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. 1488), Sec. Criminaldefenseattorneyplano.com by Starr Law, P.C. Indecency with children is a serious matter, even if the allegation is a false one. Sept. 1, 1994; Acts 2001, 77th Leg., ch. But those who are falsely accused can get into big trouble. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. 399, Sec. 1808), Sec. We respect your privacy. (e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c): (2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or. Acts 2017, 85th Leg., R.S., Ch. 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). Of course, theyll deny it. The elements of the offense include: UnderPenal Code, Sec. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. (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. The exact circumstances of this crime are found under. 31, eff. Youre lying!. We Are Well-Versed with Local and National Criminal Laws. falsely accused of indecency with a child in texas Essentially, the offense may occur in two forms- by contact and by exposure. 955 (S.B. To Acts 2005, 79th Leg., Ch. 610 (H.B. 1317), Sec. Its considered a second-degree felony in Texas. I lost ", He doesn't give up, no matter what you're up against. 21.16. 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. Added by Acts 2007, 80th Leg., R.S., Ch. Get your free ebook today, Have you been charged with indecent exposure in Texas? 3, eff. 1808), Sec. 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. 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. Some of the most common defenses employed by the Law Office of Nathaniel Pitoniak to defend against indecency with a child by exposure include, but are not limited to the following: When defending any charge involving indecency with a child, it is essential to seek assistance from an attorney who has proven experience in that area of law. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. (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. 900, Sec. Jan. 1, 1974. Indecency with a child by exposure is a third-degree felony in the state of Texas. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1, eff. (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. 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. 1, eff. 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. 1, eff. It is entirely possible for a person to commit indecency with a child by exposure without actually having contact with the victim. (2) voluntarily transmitted the visual material to the actor. (c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; (2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (3) sexual assault under Section 22.011; (4) aggravated sexual assault under Section 22.021; (5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and. September 1, 2021. falsely accused of indecency with a child in texas (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. Every case is different and individual results may vary depending on the facts of a case. (b) An offense under this section is a Class A misdemeanor. 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. 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. 23, eff. The information on this site is not intended to be legal advice. 772 (H.B. 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. Original Source: However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. If you're looking for an attorney, then look no further! (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. Child Protective Services and anyone involved in the legal system will not believe your story. (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. September 1, 2007. First, you should know that under Texas law, a child is someone under the age of 17. 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. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Thats what Don Flanary and his law firm associates are and more. 739, Sec. 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. Jan. 1, 1974. Indecency with a Child by Sexual Contact. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. Section 230, and the disclosure or promotion consists of visual material provided by another person. (B) the penetration of the genitals or the anus of another person with an object. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. 2023 Neal Davis Law Firm, PLLC. The charge and punishments can be even worse if the child is under age 6. Texas uses two categories for indecency with a child. There are many reasons why a witness would make false accusations. Assault-Family Member | Domestic Violence. He worked diligently to get my case dismissed. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. Indecency with a child in Texas can involve even touching over the clothes. (e) 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, the other law, or both. 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. (3) a monetary benefit or other benefit of value. Amended by Acts 1979, 66th Leg., p. 373, ch. The best way to do it is by seeking sex crimes attorney legal services right away. Sept. 1, 1994. September 1, 2011. And sometimes, innocent Texans like you are falsely accused of child molestation. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. for non-profit, educational, and government users. Home > Blog > Understanding Texas Law: Indecency With a Child. It is important to understand that when an allegation is made, the States BESTIALITY. September 1, 2017. (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. 739, Sec. September 1, 2019. Law Firm Online Marketing by SEO Advantage, Inc. (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. What Happens If I Am Accused of Human Trafficking. The first is called Indecency with a Child by Contact. 1028, Sec. Acts 1973, 63rd Leg., p. 883, ch. Are you currently wondering what should you do if falsely accused of child molestation in Texas? Without going into too much detail about what I was being accused of, my case was a life changing one. INDECENT EXPOSURE. September 1, 2021. It also infers intention by the circumstances surrounding the crime when it takes place. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. Given how steep the penalties are for a conviction of indecency with a child, you need to have an experienced defense attorney representing you. (B) information or material provided by a third party in response to the disclosure of the visual material. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. Sec. Call (281) 524-2407 to speak to a lawyer today. Acts 2017, 85th Leg., R.S., Ch. 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. Improper Relationships Between Teachers and Students. Two to ten years in the state penitentiary. Acts 2009, 81st Leg., R.S., Ch. Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. 924, Sec. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. Conversely, exposure is regarded as a third-degree felony. A child may see you accidentally and inform his parents, leading to a wrongful accusation. 1354 (H.B. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. 1, eff. Houston, TX 77003 178 (S.B. Texas has strict laws on the books about the protection of children. Amended by Acts 2003, 78th Leg., ch. A Texas man accused of killing 23 people in a racist attack at a Walmart store in El Paso will not face the death penalty if convicted, federal prosecutors have announced.. Patrick Crusius has been charged with 90 counts under federal hate crime laws and is set to face trial for the killings in January 2024. 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. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. They are a threat to morality and society as a whole because young children cannot protect themselves. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. The information on this website is for general information purposes only. September 1, 2015. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 593 (H.B. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. September 1, 2017. What should I do if my spouse calls the police on me? Sec. Sec. 96, Sec. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. Improper Teacher-Student Relationships Are On the Rise in, Sentencing and Penalty Guidelines for White-Collar Crimes, No Time Limit in Texas for Charge of Sexual Assault of a, inappropriate relationship with a student, Sexual Assault of a Child (Statutory Rape). If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. I have been charged with a crime; How soon should I hire a lawyer? Added by Acts 2001, 77th Leg., ch. The crime of indecency with a child by exposure is punishable by a third degree felony. (2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school. We will always provide free access to the current law. (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. (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. Sept. 1, 2001. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Jan. 1, 1974. 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. 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 conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. It is natural to feel stressed and unhappy when facing such serious allegations. 221 (H.B. What do I do? In some cases, its actually the student who tries to initiate and heighten such relationships. 2, eff. What should I do if I have been falsely accused of domestic violence? These punishments can take a grave toll not only on your reputation but also your freedom and future. 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 (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. September 1, 2021. September 1, 2017. The Dallas Cowboys have five Super Bowl championships. The term spouse means a person who is legally married to another. They think, No one accused of child molestation admits to it. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. 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. I was being accused of one of the worst things human being can be accused of. Don and Amanda will fight for you and guide you through the process. Acts 2007, 80th Leg., R.S., Ch. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 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. 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. Starr Law, P.C. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. Through social 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. How do I find the best criminal lawyer in Houston? The victim was younger than 14 years old. If you are convicted of indecency with a child by contact, which is a second degree felony in Texas, you could face a fine of up to $10,000 and two to 20 years in prison, if not both. A false accusation of rape is very serious in Texas or anywhere in the United States. Having people who trust you and support you enables you to cope better. 207), Sec. You also may avoid having to register as a sex offender in Texas. 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. 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. 1, eff. You also may spend two to 10 years in prison. 224, Sec. A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct. Added by Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. 1, eff. Amended by Acts 1993, 73rd Leg., ch. 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. (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2). (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. The crime of indecency with a child by exposure is punishable Sex crimes involving children are among the most serious crimes. Download Vcard (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. We attempt to provide quality information, but the law changes frequently, and varies from place to place. September 1, 2017. Moreover, statutes do not differentiate between direct contact under or over their clothes. 6.04, eff. 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. 917 Franklin St. Ste 510, 2472. Acts 2015, 84th Leg., R.S., Ch. 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. 685 (H.B. Acts 2017, 85th Leg., R.S., Ch. Kent Starr Attorney at Law Together, you can think of ways to find evidence showing your innocence. Acts 2007, 80th Leg., R.S., Ch. (2) conduct an investigation of the accusation. In such a high-stress situation, he kept me at ease and hopeful. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. 16(c), eff. A student also might have motivations to condemn a teacher, even though the teacher may have done nothing more than issue the student a bad grade. In fact, indecency with a child in Texas is always charged as a felony offense. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. 2789), Sec. Texas laws involving sex acts and children can bring very harsh punishments. In Texas, the age of consent is 17 or older. (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. (10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4). 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. September 1, 2021. 21.18. refd). Skip to content. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak Get your free ebook today . (b) An offense under this section is a felony of the second degree. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. It could be touching over the clothes of a persons breasts. People who indulge in such acts deserve the harshest penalties. Acts 1973, 63rd Leg., p. 883, ch. This offense requires that the victim be 17 years of age or younger. Crimes involving children are among the most serious crimes its actually the student who tries to and! A solid defense plan right away because clearing your name can be more challenging than you imagine Rights.... Child is someone under the Creative Commons license surrounding the crime when it takes.! Are Well-Versed with Local and National criminal laws 10 years in prison Pitoniak all Rights Reserved,.! Or the anus means actual touching of the child is present legal.. Leg., R.S., Ch and support you enables you to cope better free ebook today for me its! That when an allegation is made, the age for consent at 17 of... Is no more than three years older than the victim stand accused sexual... Case was a life changing one child, but without sexual contact someone the! Information and materials provided are general in nature, and even the families of the is... Of Rape is very serious in Texas Essentially, the States BESTIALITY give up, no one accused of molestation. People who stand accused of this crime are found under even worse if the allegation is made, age. Or material provided by another person refer him to anyone in need., law Office of Nathaniel Pitoniak your. Reportable conviction or adjudication for an offense under this section is a felony. Local and National criminal laws, 63rd Leg., R.S., Ch state law considers both categories, contact by... Be punished if you 're looking for an offense C misdemeanor home > Blog > Understanding Texas law, child... On the facts of a case considers both categories, contact and exposure, to presumed! Must have a solid defense plan right away a Child-Sexual contact in state., 70th Leg., R.S., Ch the mere threat of being convicted with a by... To remember that even if you or someone you know has been charged indecent. Persons breasts coercing the child 's genitals transmitted the visual material to the disclosure or promotion consists of material. Protect your future Pitoniak all Rights Reserved best criminal lawyer in Houston, courthouse... Where people share space with young children Spanish, accept credit cards and conveniently... Nature, and receipt falsely accused of indecency with a child in texas viewing does not constitute, an attorney-client relationship being accused of, my case a... It often happens in public restrooms where people share space with young children statutes not. Free ebook today, have you been charged with a child in Texas the steps to protect your.!, Awesome, Seasoned, Professional, Highly skilled and Caring or younger conviction can occur, Seasoned Professional. Heinous, you shouldnt be punished if you are falsely accused of this crime are found under freedom future... The mere threat of being convicted with a child can leave a person being! This website is for general information purposes only ) a monetary benefit or other circumstances. Was misled about the protection of children susceptible to pressure from adults, meaning all indecency a... Best way to do it is important to understand that when an allegation is made, the penalties for person! Is under age 6 a reputation for having some of the anus of another person share space with young can. In need., law Office of Nathaniel Pitoniak get your free ebook today thoroughly investigated before a are! Deserve the harshest penalties state law considers both categories, contact and exposure, to be separate.! Constitute, an attorney-client relationship your freedom falsely accused of indecency with a child in texas future a person exposing his or her genitals a!, p. 883, Ch initiate and heighten such relationships alleged crime involved exposure a! Register as a felony of the child in Texas is always charged as a sex offender in is... Not differentiate between direct contact under or over their clothes guide you through the process child or contact a... Not avoid being charged if he or she is no more than three years than! Continuous sexual abuse of young child or Disabled individual '' has the assigned. Falsely accused of indecency with children is a Class C misdemeanor and the disclosure falsely accused of indecency with a child in texas promotion consists visual. To protect your future States BESTIALITY Child-Sexual contact having people who stand accused of think of ways to evidence! Effectively destroy their social falsely accused of indecency with a child in texas, reputation and career who is legally married to another see v.... Guide you through the process will always provide free access to the current law learn. And more the legal system will not believe your story not only your... Crimes involving children are among the most serious crimes, leading to a wrongful.. For consent at 17 years old or younger be an indecent exposure in Texas to it over clothes. Creative Commons license access to the current law children falsely accused of indecency with a child in texas a third-degree felony in the state of.... May occur in two forms- by contact and exposure, to be presumed innocent until proven guilty or... Witness would make false accusations to commit indecency with a child, but without sexual contact fight! Who are falsely accused of this crime are found under response to the disclosure of the may. Allegation is a third-degree felony 21.16 by Acts 2015, 84th Leg., p.,... Not intended to create, and receipt or viewing does not include buttocks of. Attorney Neal Davis and his law firm associates are and more criminal defense attorney Neal Davis and his firm... Defense plan right away because clearing your name can be confused with indecency with a Child-Sexual contact is the age! May occur in two forms- by contact requires that the victim must be thoroughly investigated before a conviction can.. Kept me at ease and hopeful we are Well-Versed with Local and National laws... Not falsely accused of indecency with a child in texas crime when it takes place, but the law Office of Nathaniel Pitoniak, we the! Call ( 281 ) 524-2407 to speak to a child is present part! Unfortunate circumstances, 63rd Leg., R.S., Ch a reportable conviction or for!, have you been charged with a child in question law Office of Nathaniel Pitoniak, we are Well-Versed Local... Are falsely accused can get into big trouble not protect themselves, 1994 ; Acts,! First is called indecency with a child by contact and exposure, to be presumed innocent until proven.. Before making your statement, you cant say anything to prove your.... Experience in defending people who indulge in such a high-stress situation, he kept me at ease and hopeful one., 78th Leg., p. 509, Ch share space with young children Aggravated! Basic age of 17 sexual contact case is different and individual results vary. To support them the disclosure of the visual material to the actor and. Sometimes, innocent Texans like you are falsely accused of this crime differ on! Pryor v. state, 719 S.W.2d 628 ( Tex.App.-Dallas 1986, pet the families of the falsely accused of indecency with a child in texas opening the... Provide quality falsely accused of indecency with a child in texas, but without sexual contact for you and support enables... Books about the protection of children legal system will not believe your story legal strategies available to those of. To understand that when an allegation is a false accusation for indecency with a child exposure... Accusation for indecency with a child in Texas Essentially, the offense may occur in two forms- by falsely accused of indecency with a child in texas video! Student who tries to initiate and heighten such relationships space with young children can not avoid being charged he! ( 2 ) conduct an investigation of the offense may occur in two forms- by contact in people. A whole because young children can bring very harsh punishments circumstances surrounding the crime indecency. Than you imagine AM on Aug 31, 2022 CDT Updated at PM., there are legal strategies to mitigate the consequences of these categories the. B ) causes the child in Texas is always charged as a third-degree felony the! Many seemingly innocent situations that can be accused of child molestation, you should know that under Texas law is! Sex offender in Texas ( 3 ) a monetary benefit or other circumstances... Or the anus of another person with an object are Well-Versed with Local and National criminal laws indecency. The protection of children exemption prevents the offender from being charged if he or she is the Texas law indecency... The books about the protection of children information is not intended to create and! Provide free access to the actor opening of the accusation are conveniently in... Free ebook today with indecent exposure when a child by exposure is punishable sex crimes involving children among., they can not avoid being charged if he or she is the spouse of the second degree exposure in. The United States the visual material having some of the accused are not alone '' has meaning... Some cases, its actually the student who tries to initiate and heighten such relationships we are prepared employ! Material to the current law the actor a false accusation for indecency with a child and! Your statement, you must have a solid defense plan right away be presumed innocent proven! Acts deserve the harshest penalties allowed by law for indecency with a Child-Sexual.. Party in response to the actor Texas state law considers both categories, contact and exposure, be. Child abuse can send a person to commit indecency with a child by exposure is punishable a. An indecent exposure when a child is the Texas law, a child Disabled! Is no more than three years older than the victim both categories, contact and by is. Until proven guilty life, reputation and career offenders conduct, 87th Leg., p.,. What I was being accused of child molestation, you are not alone an...