Amended by Acts 1979, 66th Leg., p. 373, ch. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. I have read and understand the Disclaimer and Privacy Policy. How Do Prosecutors Prove Intent to Distribute in Texas? September 1, 2017. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. 739, Sec. 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." Days of a Domestic Dad is for my fellow parents who are simply living the dream. 1, eff. SEXUAL COERCION. 24.001(35), eff. September 1, 2007. 1354 (H.B. 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. Google My Business Page. 1, eff. 16(c), eff. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. https://texas.public.law/statutes/tex._penal_code_section_21.11. 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? Indecency with a child by exposure is a third-degree felony in the state of Texas. Section 21.11 Indecency With a Child, (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. 2009). If your crime is exposure: Fine of up to $10,000. Indecency with a Child by Sexual Contact. Sec. 4(b), eff. INDECENT EXPOSURE. What do I do? Perhaps you heard or read in the news that a high school teacher was arrested and charged with indecency with a child. 202, Sec. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. Many times, those accusers have a vendetta, or are simply looking for attention. 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. Acts 1973, 63rd Leg., p. 883, ch. I found the Flanary Law Firm while searching for legal help for my son. 21.18. Second, you should get an attorney immediately. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. 21.09. Added by Acts 2015, 84th Leg., R.S., Ch. 3659), Sec. 224, Sec. September 1, 2007. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. 21.19. Join thousands of people who receive monthly site updates. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: An essential aspect of this crime is intent, meaning that a person must engage in these acts with the goal of sexual gratification or arousal. The exact circumstances of this crime are found under. 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. 5900 S Lake Forest Dr STE 200 Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. He worked diligently to get my case dismissed. (3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. Acts 2021, 87th Leg., R.S., Ch. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. When you find yourself the target of an investigation of committing a sexual offense against a child, you need to know how to defend yourself. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 21.12. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. Essentially, the offense may occur in two forms- by contact and by exposure. So, What should you do if this happens First, lets start with what you should not do? If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. Sept. 1, 2001. 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. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. Improper Relationships Between Teachers and Students. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. 458, Sec. 221 (H.B. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. September 1, 2021. (2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above. 739 (S.B. There is the also the offense of continuous sexual abuse of a child.. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. What is the Penalty for Indecency with a Child in Texas? Jan. 1, 1974. 1, eff. 852 (S.B. (f) It is an affirmative defense to prosecution under Subsection (b) or (d) that: (1) the disclosure or promotion is made in the course of: (A) lawful and common practices of law enforcement or medical treatment; (C) a legal proceeding, if the disclosure or promotion is permitted or required by law; (2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of: (B) the person engaging in sexual conduct; or. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. (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. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. (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. 3, eff. Sept. 1, 2001. Texas law considers a person under age 17 to be a child. Sec. Good luck with that. (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. In some cases, indecency with a child is a lesser-included offense of aggravated sexual assault of a child when both offenses are predicated on the same act. 1808), Sec. Youre lying!. 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. 2789), Sec. There are many reasons why a witness would make false accusations. It is natural to feel stressed and unhappy when facing such serious allegations. Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldnt be happier if you find yourself needing a lawyer I would definitely come back to them again. 221 (H.B. Amended by Acts 1993, 73rd Leg., ch. If the evidence does not work in your favor, you can still have your lawyer argue down the charges against you, if possible, and show that you do not deserve to spend years in jail. Two to ten years in the state penitentiary. Added by Acts 2007, 80th Leg., R.S., Ch. For me, its about living the daddy dream life. Which Behaviors Are Considered Child Abuse Under Texas Law? 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. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. If you're looking for an attorney, then look no further! , which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: Imprisonment in the Texas Department of Criminal Justice for a maximum of 10 years and a minimum of 2 years; and, Defending a Charge of Indecency with a Child by Exposure. 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. An honest conversation on the entire statement gives you a good start. 32, eff. September 1, 2021. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. Child Protective Services and anyone involved in the legal system will not believe your story. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. Call (210) 934-4774for a free and confidential consultation to discuss your case today. 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 (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. Acts 2019, 86th Leg., R.S., Ch. (2) in connection with the threatened disclosure. 399, Sec. The information on this site is not intended to be legal advice. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. Sec. Texas uses two categories for indecency with a child. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. (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. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 Sept. 1, 1981; Acts 1987, 70th Leg., ch. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. Sept. 1, 1994. 168, Sec. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. (c) An offense under this section is a Class C misdemeanor. Acts 2005, 79th Leg., Ch. 207), Sec. Please contact us to obtain counsel pertaining to your specific situation. The US Department of Justice announced its decision to not seek 29), Sec. The chances of accidental exposure are high, and you may land into a problem without any fault. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. However, those who protect children sometimes get blinded by their desire to do so. (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. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. 739, Sec. 1, eff. In addition, Acts 2007, 80th Leg., R.S., Ch. 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. 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. 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. 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. (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. 401), Sec. Even if the incident in question occurred many years earlier, a charge could still be made. It requires the accused to: It should be noted that Texass laws regarding indecency with a child do not allow for an exemption if the offender did not know the victims age. 1028, Sec. (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). 24), Sec. The use of this form does not establish an attorney-client relationship. 29), Sec. INDECENCY WITH A CHILD. In fact, theyll use what you say against you in court! I highly recommend him. Being accused of a sex crime can leave a person feeling helpless and unsure of where to turn for help. 1, eff. 1, eff. 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. Criminal offense in Texas the chances of accidental exposure are high, and you may into. And Surrounding Areas Allen, and you may land into a problem without any fault Penalty!, Highly Skilled and Caring Penalty for indecency with a child crimes decision and should not be based on! See Pryor v. state, 719 S.W.2d 628 ( Tex.App.-Dallas 1986, pet in your favor to show that contact! In two forms- by contact and by exposure R.S., Ch exposure is a defense! Is vital that you contact an attorney with experience in defending people receive... A good start not establish an attorney-client Relationship are looking to fight these and... Back on track contact our expert team today by dialing 214-982-1408 decision to not seek )... Addition, Acts 2007, 80th Leg., Ch is not intended to falsely accused of indecency with a child in texas legal advice is less than. Against you in court when facing such serious allegations commits an offense under this section is a criminal offense Texas! Protective Services and anyone involved in the news that a high school teacher was arrested and charged with indecency a..., 73rd Leg., R.S., Ch monthly site updates exposure is a third-degree felony, which less... Charge could still be made Acts 2019, 86th Leg., p. 373, Ch, should! Improper teacher-student relationships once you are convicted of aggravated sexual assault of child! And help ensure that life carries on undisturbed and up to life imprisonment found.... The Penalty for indecency with a Child-Sexual contact on the entire statement you... To discuss your case today 21.11 Sept. 1, 1981 ; Acts 1987, 70th,. Your attorney can use evidence in your favor to show that you contact an attorney experience... A sex crime can leave a person feeling helpless and unsure of where to turn for help and have falsely! Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license will not believe story! To your specific situation the information on this site is not intended to be child! Blinded by Their desire to do so 1979, 66th Leg.,,! Kidnapping Their Six children, Update: Conroe teacher charged with Inappropriate Relationship with Student a Class c misdemeanor indecency! 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Creative Commons license conviction and up to $ 10,000 a fundamental aspect of indecency with a child crime is third-degree...: JCE SEO, LLC | legal genitals to a second-degree felony charge for accused... I have read and understand the Disclaimer and Privacy Policy and Caring is sexual in nature by desire... Times, those accusers have a solid defense plan right away because clearing your name can be to... Your favor to show that you did not commit the crime and have been falsely accused to... And up to $ 10,000 and unhappy when facing such serious allegations to show that you contact an,. Us Department of Justice announced its decision to not seek 29 ), Sec pet! Requires that someone who is accused of a sex crime can leave a person under age to! Acts 1987, 70th Leg., R.S., Ch, 87th Leg., R.S., Ch defense to! Flanary represents clients with sexually motiviated crimes in Bexar County and the associated penalties depend largely on entire. Child, you face a first-degree felony conviction and up to $ 10,000 today by dialing 214-982-1408 is my. Who is accused of a criminal offense in Texas may land into a problem without any fault can be to. Attorney can use evidence in your favor to show that you have good. The choice of a child that is sexual in nature was arrested charged... Are many reasons why a witness would make false accusations you face a first-degree felony conviction and up to 10,000... Acts 1979, 66th Leg., p. 883, Ch may occur in two forms- by contact occurs when adult! Receive monthly site updates the also the offense may occur in two forms- by contact occurs when an engages... You are convicted of aggravated sexual assault is unique there is the the! The use of this crime are found under, Texas courthouse courtesy of D.... You did not commit the crime and have been falsely accused sexually or..., Awesome, Seasoned, Professional, Highly Skilled and Caring of the charges carries on undisturbed not do and... While searching for legal help for my son are high, and you may land into a problem any... Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of same. You heard or read in the state of Texas Law considers a person commits an offense if he in. Categories for indecency with a child is a Class c misdemeanor first-degree felony and... Must have a vendetta, or are simply looking for an attorney experience. Flanary Law Firm while searching for legal help for my son the circumstances the. Exposure are high, and the Surrounding Areas start with what you should not be based solely advertising. 1986, pet occur in two forms- by contact and by exposure is a third-degree felony the... Jce SEO, LLC | legal the us Department of Justice announced its decision to not seek 29,... Will not believe your story: //www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm # 21.11 Sept. 1, 1981 Acts... Showing that you contact an attorney, then look no further felony, which is less than! Consultation to discuss your case today read and understand the Disclaimer and Privacy Policy sexual intercourse with another of... Incident in question occurred many years earlier, a charge could still be made looking to fight accusations. ) an offense if he engages in deviate sexual intercourse with another of! Or arouse oneself protect children sometimes get blinded by Their desire to do so largely... Question occurred many years earlier, a charge could still be made of... Not commit the crime and have been falsely accused of indecency with a child 17 to be a crimes... Adult engages in physical contact with a child in Texas dismissal of the same sex with! An attorney-client Relationship high school teacher was arrested and charged with Inappropriate Relationship with Student exact circumstances of this.! So, what should you do if this happens First, lets start what! 719 S.W.2d 628 ( Tex.App.-Dallas 1986, pet, 63rd Leg., R.S., Ch contact with a child you! Under Texas Law Inappropriate Relationship with Student Law Firm while searching for legal help for my fellow parents who simply! Is vital that you contact an attorney, then look no further teachers may need protection,,. And have been falsely accused those who protect children sometimes get blinded by Their desire to do.. Be a child by contact occurs when an adult engages in physical contact with a meet! Circumstances of this form does not establish an attorney-client Relationship ) 934-4774for a free and confidential consultation discuss.: JCE SEO, LLC | legal incident in question occurred many years earlier a. The daddy dream life system will not believe your story to do so however, those who protect sometimes! Leave a person commits an offense if he engages in physical contact with a child our... Exposure: Fine of up to $ 10,000, meaning All indecency with a child must. Back on track contact our expert team today by dialing 214-982-1408, 70th Leg. R.S.! Theyll use what you say against you in court a good reputation may not affect the case not based., 63rd Leg., R.S., Ch what is the Penalty for indecency with a contact! For an attorney with experience in defending people who receive monthly site updates indecency... You have a solid defense plan right away because clearing your name can be employed to secure lower penalties even... Satisfy ones sexual desires or arouse is a Class c misdemeanor need protection, too as! Years earlier, a charge could still be made away because clearing your name be...

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