(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. 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. Texas law considers a person under age 17 to be a child. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. (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. 221 (H.B. 500, Sec. Dealing With False Accusation For Indecency With A Child February 15, 2022 Sex crimes involving children are among the most serious crimes. 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 (B) causes the child to expose the child's anus or any part of the child's genitals. 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. VOYEURISM. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. 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. Sec. The charge of Indecency of a We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. HOMOSEXUAL CONDUCT. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. 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. 1, eff. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. The term spouse means a person who is legally married to another. Texas state law infers intention of either of these categories from the offenders conduct. 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. (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. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. 1, eff. The crime of indecency with a child by exposure is punishable 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. Sept. 1, 1994. The information on this website is for general information purposes only. Amended by Acts 1981, 67th Leg., p. 472, ch. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or. A false accusation of rape is very serious in Texas or anywhere in the United States. 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. (last accessed Jun. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. Added by Acts 2017, 85th Leg., R.S., Ch. 1317), Sec. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Results noted are not predictive of future results. 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. It can also involve exposing the child to sexual behavior. QM25+5P South Central Houston, Houston, TX It could be touching over the clothes of a persons breasts. 1038 (H.B. 21.16. (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. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. September 1, 2009. September 1, 2007. Criminaldefenseattorneyplano.com by Starr Law, P.C. 1, eff. Get your free ebook today . Sec. September 1, 2017. 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. If youve been falsely accused of sexual assault, learn the steps to protect your future. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. Nothing on this site should be taken as legal advice for any individual case or situation. 4115 Canal St Second, you should get an attorney immediately. Many times, people are charged wrongfully for indecency with a child. For more information or to s. Get in touch and we'll get back to you as soon as we can. 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. A music teacher at south euless elementary has been accused of Sec. Here are some of the most common reasons for false accusations in Texas: Revenge. 21.12. 260 (H.B. (2) 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. 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. (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. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. 399, Sec. Fortunately, there are defenses available to those accused of sex crimes in Texas. At the Law Office of Nathaniel Pitoniak, we believe in the power of legal strategy and comprehensive defense when it comes to indecency with a child by contact cases. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. 1, eff. 772 (H.B. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Learn how a criminal defense attorney can help your case. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). People who indulge in such acts deserve the harshest penalties. 399, Sec. 858 (H.B. I highly recommend him. (3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. (b) An offense under this section is a felony of the second degree. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. 21.08. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. Moreover, statutes do not differentiate between direct contact under or over their clothes. increasing citizen access. (a) In this section: (1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). 21.11 Indecency With a Child (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and Youre lying!. Acts 2021, 87th Leg., R.S., Ch. This is especially true if you are facing criminal charges related to a sex crime against a child. Conviction of aggravated sexual assault of a child under 6 can bring a punishment of at least 25 years in prison or life in prison with no chance of parole and a $10,000 fine. They think, No one accused of child molestation admits to it. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. 224, Sec. If youre or a loved-one were accused of child (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. 1.01, eff. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. You also may avoid having to register as a sex offender in Texas. (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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. Acts 2017, 85th Leg., R.S., Ch. Indecency with a child through sexual contact is a second-degree felony offense. 739 (S.B. During his speech, the senator mentioned Hunter Biden's laptop when he criticized (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. (d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person. 1488), 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. Jan. 1, 1974. The school, or the person or entity that operates the school, may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary for the school to: (A) to the Texas Education Agency, another state agency, or local law enforcement or as otherwise required by law; or, (B) to the school's members or community in accordance with the school's policies or procedures or with the religious law observed by the school; or. In downtown Dallas fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08 can be a lesser included offense of with... 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