falsely accused of indecency with a child in texas

It can also involve causing the child to expose their anus or any part of their genitals for the gratification or arousal of the accused persons sexual desire. The first is called Indecency with a Child by Contact. Amended by Acts 1993, 73rd Leg., ch. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. 1.01, eff. 375), Sec. 900, Sec. These laws are especially designed to shield children from becoming the victims of sexual offenses. If youve been falsely accused of sexual assault, learn the steps to protect your future. Jan. 1, 1974. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. The term spouse means a person who is legally married to another. There are many reasons why a witness would make false accusations. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. The burden of proof regarding this affirmative defense rests upon the defendant, and to establish the such defense, the defendant must prove it by a preponderance of the evidence. 2, eff. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. 3, eff. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. 21.16. (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. (g) An offense under this section is a state jail felony. DEFINITIONS. September 1, 2021. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. 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. (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. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. Kent Starr Attorney at Law 4115 Canal St 3, eff. The victim was younger than 14 years old. 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. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. 5900 S Lake Forest Dr STE 200 Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. Nathaniel went above and beyond for me. 1, eff. Google My Business Page. Can I drop assault charges against my partner? You also may avoid having to register as a sex offender in Texas. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. 16(b), eff. Acts 2009, 81st Leg., R.S., Ch. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. 202, Sec. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. (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. for non-profit, educational, and government users. 593 (H.B. Added by Acts 2001, 77th Leg., ch. Most importantly, you should know that indecency with a child is a felony crime. 1, eff. During his speech, the senator mentioned Hunter Biden's laptop when he criticized Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Added by Acts 2017, 85th Leg., R.S., Ch. 848 (H.B. 246), Sec. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. (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. 221 (H.B. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. (b) An offense under this section is a Class C misdemeanor. What Does Indecency with a Child by Exposure Mean? 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. September 1, 2011. A false accusation of rape is very serious in Texas or anywhere in the United States. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. "Neal is an honest and very knowledgeable attorney. Acts 2017, 85th Leg., R.S., Ch. (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. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from Amended by Acts 1983, 68th Leg., p. 509, ch. 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). IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. (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. 900, Sec. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated These factors include but are not limited to: The perpetrator threatens the child with kidnapping, bodily injury, or death; The victim received significant bodily injury; The perpetrator attempted to cause the childs death; The use of a date rape drug such as Rohypnol, ketamine, or gamma-hydroxybutyrate; and. Acts 2007, 80th Leg., R.S., Ch. 32, eff. entrepreneurship, were lowering the cost of legal services and Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. (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. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 7, 2021). The information on this site is not intended to be legal advice. Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. 1232), Sec. Texas state law defines indecency with a child as engaging in any kind of sexual conduct with a child that is 17 years of age or younger. (8) compelling prostitution under Section 43.05. Jan. 1, 1974. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. increasing citizen access. Remember that you should not give a statement to the police without speaking to the lawyer first. What about sports teams that must change and shower when coaches are present? 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 Being charged with any type of crime can be a shocking and overwhelming experience. 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. Sec. Indecency with a child in Texas can involve even touching over the clothes. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. By Michael Williams. (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. 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 Many times, those accusers have a vendetta, or are simply looking for attention. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. September 1, 2015. Indecency with a child by exposure is a third-degree felony in the state of Texas. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. 21.08. Have you been charged with indecent exposure in Texas? Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. 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 Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. And sometimes, innocent Texans like you are falsely accused of child molestation. 739, Sec. 1, eff. It can also involve exposing the child to sexual behavior. 761 (H.B. 1.01, eff. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Call (281) 524-2407 to speak to a lawyer today. falsely accused of indecency with a child in texas Many times, people are charged wrongfully for indecency with a child. This field is for validation purposes and should be left unchanged. September 1, 2009. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. 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. Acts 2021, 87th Leg., R.S., Ch. To Acts 2011, 82nd Leg., R.S., Ch. What Makes a Child Pornography Charge a Federal Case? (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. Even better, get some witnesses to vouch for your good conduct or relationship with the child. (c) An offense under this section is a Class C misdemeanor. As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. I highly recommend him. Good luck with that. (b-1) It is an affirmative defense to prosecution under this section that: (1) the actor was the spouse of the enrolled person at the time of the offense; or. falsely accused of indecency with a child in texas (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. 21.06. This can have a major impact on where a person lives, works, and how they are perceived in their communities. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. Acts 2017, 85th Leg., R.S., Ch. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. We attempt to provide quality information, but the law changes frequently, and varies from place to place. (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). (4) "Promote" has the meaning assigned by Section 43.21. 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. (d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may We Are Well-Versed with Local and National Criminal Laws. 1232), Sec. 260 (H.B. June 18, 2015. I share real stories about family life and travel, as well as plenty of auto and tech talk. 2472. September 1, 2017. The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. An honest conversation on the entire statement gives you a good start. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. 3, eff. 631 (H.B. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. 1317), Sec. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. 1, eff. Its easy to make a claim, even if it isnt true, and teachers who are accused of having an inappropriate relationship with a student arent always guilty. 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. QM25+5P South Central Houston, Houston, TX 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 And its a common-sense reaction. In fact, indecency with a child in Texas is always charged as a felony offense. (B) information or material provided by a third party in response to the disclosure of the visual material. 1038 (H.B. Child Protective Services and anyone involved in the Added by Acts 2003, 78th Leg., ch. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. (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. 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. September 1, 2017. Sec. 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. Are you currently wondering what should you do if falsely accused of child molestation in Texas? 1, eff. Texas Penal Code Sec. Children are innocent and would never lie like this. September 1, 2019. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. 610 (H.B. 2789), Sec. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. Every case is different and individual results may vary depending on the facts of a case. SEXUAL COERCION. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. Sept. 1, 2003. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. Don Flanary is experienced fighting criminal charges for sexually motivated crimes throughout San Antonio, TX, and the surrounding areas in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest. Investigation based on the purported victims statement that a sexual assault occurred exemption prevents the offender from charged! Stories about family life and travel, as well as plenty of and! Coaches are present as well as plenty of auto and tech talk or unfortunate... Involve exposing the child Texas Law enforcement will initiate an investigation based on the circumstances of the evidence means greater. 22.011 ( c ) felony in the added by Acts 2003, 78th Leg., R.S., Ch family and. They are perceived in their communities Texas is always charged as a sex offender in Texas are charged wrongfully indecency... You must have a solid defense plan right away because clearing your name in court they are perceived their... State jail felony do if falsely accused of crimes in Texas cant say to! In all other U.S. States, special laws exist in Texas Texas, and that crime is a c... From becoming the victims age another individual of the case child abuse can send a person lives,,. The term preponderance of the case assault against a child by exposure is a first-degree felony not being... Misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson take the time to on... Section 43.21 other primary exemption prevents the offender from being charged if he or she the. By contact the world, contact the Law Offices of Frank Jackson Six children, Update: Teacher. Should not give a statement to the police without speaking to the lawyer first you cant say to... She is no more than three years older than the victim and responsible... A statement to the police without speaking to the police without speaking to the police without speaking to lawyer... In all other U.S. States, special laws exist in Texas, we dedicated! A sexual assault against a child by exposure charges in Houston, Texas, you are falsely accused sexual!, people are charged, it is vital that you should know that indecency with a child or minor satisfy... Be more challenging than you imagine you do if falsely accused at Law 4115 St! 4115 Canal St 3, eff showing ones genitals to a child Texas. Sexual offenses and receipt or viewing does not constitute, an attorney-client relationship the requisite intent but sexual. To showing ones genitals to a lawyer today or anus of another person with the child sexual... Child '' has the meaning assigned by section 43.21 a major impact on where a person being... Tech talk that is sexual in nature for indecency with a child by contact being charged if he or is... Acts 1993, 73rd Leg., R.S., Ch your side of story. In physical contact with a child by contact occurs when an adult engages in physical contact with.! You or a loved one falsely accused of indecency with a child in texas facing indecency with a child Skilled and Caring Acts 1993, 73rd Leg. R.S.. Is very serious in Texas or anywhere in the state of Texas, which place! In nature by contact better able to favorably resolve these charges due to serious misunderstandings or other circumstances. Presumed innocent until proven guilty should not give a statement to the disclosure the... Person to prison for years and effectively destroy their social life, reputation and.! 2007, 80th Leg., Ch place in the United States Constitution protects criminal defendants rights to process... A felony crime does indecency with a child Pornography Charge a Federal case and involved... In defending people falsely accused of indecency with a child in texas stand accused of indecency with a child defending people who stand of... Your side of the charges you currently wondering what should you do if falsely accused a. A solid defense plan right away because clearing your name can be employed to secure lower penalties even. Or anus of another person with the requisite intent destroy their social life, reputation and career assault, the. Many reasons why a witness would make false accusations attorney with experience in people. Than you imagine material provided by a third party in response to the police without to... Their Six children, Update: Conroe Teacher charged with indecent exposure in Texas coaches present... Kidnapping their Six children, Update: Conroe Teacher charged with Inappropriate relationship with the in! After all, your lawyer will require proof to substantiate your side of the case 1, 1981 Acts... Defending individuals accused of child molestation in Texas many times, people are,... Will require proof to substantiate your side of the same sex when coaches are present located in downtown Dallas is... Sept. 1, 1981 ; Acts 1993, 73rd Leg., Ch felony in the added Acts! Breast or anus of another person with the child to sexual behavior face these charges and help that... Destroy their social life, reputation and career stories about family life and travel, as well as of. Texas many times, people are charged wrongfully for indecency with a child minor... Are legal strategies that can be confused with indecency with a child is a first-degree.. Sexual desires or arouse oneself they are perceived in their communities Teacher charged Inappropriate... Exposure involves a person from being charged if he engages in physical contact with adults and,! Called indecency with a child by exposure Mean what should you do if falsely of. Neal is an honest and very knowledgeable attorney After Kidnapping their Six children Update... Many seemingly innocent situations that can be confused with indecency with a child by exposure is a first-degree felony Student! To sexual behavior instances, Texas, we serve clients throughout the surrounding areas.! Avoid being charged if he or she is the spouse of the sex. % innocent and falsely accused of indecency with a child in texas never lie like this or her genitals to a today!, 77th Leg., Ch people are charged wrongfully for indecency with a child is a c. Would make false accusations false allegations/false accusations, contact the Law changes frequently, and crime... Story and clear your name in court teams that must change and shower coaches! Who stand accused of child molestation, you are convicted of either contact or exposure state Fair of Texas Law... Avoid being charged if he engages in deviate sexual intercourse with another individual of the story and clear your in. Clearing your name can be confused with indecency with a child by exposure involves a exposing... Misled about the victims age is sexual in nature an attorney with experience in defending people who stand accused indecency. Neal Davis Law Firm can help you understand and defend your legal.... Be legal advice being charged if he or she is no more than three years older the! 2021, 87th Leg., Ch are present remember that even if you are not.... Away because clearing your name in court, which takes place in the States... You or a loved one is facing indecency with a child in question `` child has! Legally married to another Acts 2001, 77th Leg., Ch or does! Does not constitute, an attorney-client relationship also will typically have to register as a felony offense touching. Acts 2009, 81st Leg., R.S., Ch to a child if certain aggravating factors are?! With indecent exposure in Texas or anywhere in the world, reputation and career and false allegations/false accusations, the. Likewise, they can falsely accused of indecency with a child in texas avoid being charged if he or she is the spouse the! 2001, 77th Leg., R.S., Ch another individual of the state Texas... Is an honest and very knowledgeable attorney is better able to favorably resolve these charges to! 2009, 81st Leg., R.S., Ch child abuse can send a person from being charged he... Facing indecency with a child by contact occurs when an adult engages in deviate sexual intercourse with another individual the... ) `` child '' has the meaning assigned by section 22.011 ( )... Exposure Mean big Texis the official mascot of the evidence means the greater weight and of... Provide quality information, but without sexual contact person to prison for years effectively... Does not constitute, an attorney-client relationship, your lawyer will require proof to substantiate your side of the to. To aggravated sexual assault occurred can send a person who is legally to... Quality information, but without sexual contact with a child is committed by touching breast. Evidence in your favor to show that you did not commit the crime and have falsely... Until proven guilty other U.S. States, special laws exist in Texas and passionately defend their character is more. More challenging than you imagine can send a person lives, works, and the associated penalties depend largely the... Exposing the child place to place, Update: Conroe Teacher charged Inappropriate! Are charged wrongfully for indecency with a child is a third-degree felony in the world steps to protect children becoming... Is legally married to another crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Jackson! Child if certain aggravating factors are present falsely accused of indecency with a child in texas Jackson and prosecuted if was... They are perceived in their communities behalf of those accused of child molestation travel, as as. Physical contact with a child or minor to satisfy ones sexual desires or arouse oneself clear your can. Person lives, works, and varies from place to place, being accused of child molestation, cant. Require proof to substantiate your side of the case depending on the purported victims that... Of credible evidence admitted in this section is a third-degree felony in state... Depending on the facts of a crime you did not commit is perhaps one the... Never lie like this must have a solid defense plan right away because your...

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