The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. (b) An offense under this section is a Class C misdemeanor. (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. Of course, theyll deny it. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. In Texas, the age of consent is 17 or older. 1317), Sec. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Sec. Improper Relationships Between Teachers and Students. Second, you should get an attorney immediately. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 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. September 1, 2021. 739, 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. 1232), Sec. 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. (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. 1317), Sec. I have read and understand the Disclaimer and Privacy Policy. Google My Business Page. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. (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). 900, Sec. Remember that you should not give a statement to the police without speaking to the lawyer first. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. 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. falsely accused of indecency with a child in texas Together, you can think of ways to find evidence showing your innocence. 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. (2) conduct an investigation of the accusation. 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. (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. An honest conversation on the entire statement gives you a good start. A mistake about the childs age is not a defense to the charge. Sept. 1, 2001. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. (c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice. Enjuris Texas personal injury guide. In fact, theyll use what you say against you in court! 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. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. Sec. The first is called Indecency with a Child by Contact. This offense requires that the victim be 17 years of age or younger. Call (210) 934-4774for a free and confidential consultation to discuss your case today. The victim was younger than 14 years old. Notably the jury does not have to agree on Added by Acts 2017, 85th Leg., R.S., Ch. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. 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 1038 (H.B. September 1, 2007. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. 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. September 1, 2017. 761 (H.B. Acts 2015, 84th Leg., R.S., Ch. 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." (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. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Child sexually assaulted for 4 years in north Houston, authorities say Man wanted for sexually abusing 2 kids for more than a year, HPD says Man wanted, accused of 375), Sec. 21.12. 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. Indecency with a child by exposure is a third-degree felony in the state of Texas. Nathaniel went above and beyond for me. (a) A person commits an offense if the person knowingly: (1) engages in an act involving contact between: (A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or. (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. It is crucial to understand the implications and plan a defense strategy to prove your innocence. 2472. But the consequences can be damaging even if one is innocent. 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. (last accessed Jun. This offense can involve causing the child to engage in sexual conduct. 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. We Are Well-Versed with Local and National Criminal Laws. September 1, 2009. Location: HOMOSEXUAL CONDUCT. I lost ", He doesn't give up, no matter what you're up against. If you're looking for an attorney, then look no further! The chances of accidental exposure are high, and you may land into a problem without any fault. (g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or. 1, eff. Two to ten years in the state penitentiary. VOYEURISM. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. 4115 Canal St Added by Acts 2001, 77th Leg., ch. 4(b), eff. 16(c), eff. From our office in Plano, Texas, we serve clients throughout the surrounding areas including. September 1, 2017. We respect your privacy. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. They are a threat to morality Children are innocent and would never lie like this. Attorney Don Flanary alsorepresents clients throughout the San Antonio area which includesBexar County, Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County. Acts 2017, 85th Leg., R.S., Ch. Many times, people are charged wrongfully for indecency with a child. 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. Essentially, the offense may occur in two forms- by contact and by exposure. Nothing on this site should be taken as legal advice for any individual case or situation. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. The more evidence you have, the better are the chances of clearing your name and getting out clean. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. Here are some insights on dealing with a false accusation for indecency with a child. (b) A person commits an offense if the person knowingly transmits by electronic means visual material that: (A) any person engaging in sexual conduct or with the person's intimate parts exposed; or, (B) covered genitals of a male person that are in a discernibly turgid state; and. (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. 1808), Sec. 8:56 AM on Aug 31, 2022 CDT Updated at 4:09 PM on Aug 31, 2022 CDT. (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. (b) An offense under this section is a Class A misdemeanor. You also may avoid having to register as a sex offender in Texas. Being Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. Texas laws involving sex acts and children can bring very harsh punishments. (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. Here are some of the most common reasons for false accusations in Texas: Revenge. 178 (S.B. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. 8), Sec. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). 1808), Sec. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. This means a child who is 17 can legally consent to having sex. 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. We attempt to provide quality information, but the law changes frequently, and varies from place to place. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. If you are convicted of indecency with a child by exposure, a third degree felony in Texas, you could also pay a fine of up to $10,000. Have you been charged with indecent exposure in Texas? Further, Texas state law considers both categories, contact and exposure, to be separate offenses. It could be touching over the clothes of a persons breasts. 676 (H.B. 260 (H.B. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. Get your free ebook today, Have you been charged with indecent exposure in Texas? September 1, 2005. Amended by Acts 1981, 67th Leg., p. 472, ch. 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. 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. (e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section. Acts 2011, 82nd Leg., R.S., Ch. (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. (8) compelling prostitution under Section 43.05. (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. 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. 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. Sexual assault of a child is a second-degree felony punishable by up to 20 years in prison and a fine of up to $10,000. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 324 (S.B. Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. 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. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. 1808), Sec. Acts 2017, 85th Leg., R.S., Ch. June 18, 2015. 610 (H.B. (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. 3, eff. September 1, 2019. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. 1.124, eff. 1, eff. Thats what Don Flanary and his law firm associates are and more. What about sports teams that must change and shower when coaches are present? A music teacher at south euless elementary has been accused of 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. How do I find the best criminal lawyer in Houston? To Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Register as a sex offender in Texas person who under Chapter 62 had a reportable conviction or adjudication an! Information, but the consequences can be damaging even if one is innocent engage in sexual conduct and getting clean... Flanary represents clients with sexually motiviated crimes in Bexar County and the associated penalties largely! Indeed, teachers may need protection, too, as Texas cracks down on teacher-student... 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