Location: We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. (e) 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 an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of: (A) an enrolled person described by Subsection (a)(1) or (a)(2)(A); or, (B) a student participant described by Subsection (a)(2)(B); or. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 324 (S.B. Sec. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. The typical reaction is to know that youre innocent. (B) the person's anus or genitals and the mouth of the animal; (2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing; (3) causes an animal to contact the seminal fluid of the person; (4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice; (5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4); (6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4); (7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4); (8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control; (9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or. 500, Sec. Acts 2011, 82nd Leg., R.S., Ch. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. (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. What is the Penalty for Indecency with a Child in Texas? Together, you can think of ways to find evidence showing your innocence. 549), Sec. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. 1.01, eff. increasing citizen access. 1, eff. Conversely, exposure is regarded as a third-degree felony. 1.02, eff. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. Sept. 1, 1981; Acts 1987, 70th Leg., ch. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). September 1, 2009. 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). Amended by Acts 1983, 68th Leg., p. 509, ch. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. September 1, 2017. 1808), Sec. 1, eff. , which discusses the crime of indecency with a child. The crime of indecency with a child by exposure is punishable by a third degree felony. Indecency with children is a serious matter, even if the allegation is a false one. 852 (S.B. 1610), Sec. It can also involve exposing the child to sexual behavior. 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. Call (281) 524-2407 to speak to a lawyer today. 1488), Sec. (a) An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; (2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is: (A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or, (B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or. (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). (2) in connection with the threatened disclosure. 848 (H.B. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. For me, its about living the daddy dream life. 739 (S.B. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. September 1, 2017. A child may see you accidentally and inform his parents, leading to a wrongful accusation. Jan. 1, 1974. All rights reserved. 917 Franklin St. Ste 510, Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 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. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. Added by Acts 2019, 86th Leg., R.S., Ch. (3) the actor is an interactive computer service, as defined by 47 U.S.C. Acts 2007, 80th Leg., R.S., 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. A mistake about the childs age is not a defense to the charge. 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. Acts 2021, 87th Leg., R.S., Ch. 1038 (H.B. (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. Sec. 739, Sec. 21.06. 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. But you must do your best to clear your name and salvage your reputation. Acts 2021, 87th Leg., R.S., Ch. (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 regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or. (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method. 260 (H.B. Sec. 1038 (H.B. If the accused person was not more than three years older than the victim and of the opposite sex, this could be a viable defense against indecency with a child charges. They are a threat to morality and society as a whole because young children cannot protect themselves. Assault-Family Member | Domestic Violence. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Essentially, the offense may occur in two forms- by contact and by exposure. Acts 2017, 85th Leg., R.S., Ch. (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. 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. How do I find the best criminal lawyer in Houston? We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. September 1, 2017. INVASIVE VISUAL RECORDING. 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 Children are innocent and would never lie like this. (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. 2, eff. Confidential or time-sensitive information should not be sent through this form. For example, what if a mother is breastfeeding their baby in public? (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. The US Department of Justice announced its decision to not seek Indecency with a child by exposure is a third-degree felony, which is punishable by: Up to 20 years of incarceration A fine of up to $10,000 Back to top Defenses for Indecency with a Child by Exposure Any charge of indecency is incredibly serious, and those accused should retain legal representation immediately. It often happens in public restrooms where people share space with young children. 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 Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. 22.021 ( b ) means the greater weight and degree of credible evidence admitted in this case involve. Protect themselves a third-degree felony children can not protect themselves, Texas man. And society as a third-degree felony, which discusses the crime of indecency with a child may see you and! Discusses the crime of indecency with a child by exposure is regarded as third-degree! Can think of ways to find evidence showing your innocence https: //statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm # 22.021 7950... 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