The information on this website is for general information purposes only. If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. September 1, 2019. Second, you should get an attorney immediately. Amended by Acts 2003, 78th Leg., ch. 1, eff. Thats why you cant speak to authorities on your own without an attorney. September 1, 2021. In fact, theyll use what you say against you in court! Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. 21.11(b-1), it isan affirmative defense to prosecution for this offense that the actor was the spouse of the child at the time of the offense. (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. If you're looking for an attorney, then look no further! (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. (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. 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. What about sports teams that must change and shower when coaches are present? SEXUAL COERCION. 21.09. September 1, 2017. In some cases, its actually the student who tries to initiate and heighten such relationships. 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. 3, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 2789), Sec. (2) is not sent at the request of or with the express consent of the recipient. September 1, 2017. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. What is the Penalty for Indecency with a Child in Texas? Exposure, touching and those who expose a childs private areas for self, sexual gratification are all subject to the State of Texas charging these acts as a crime. 3, eff. In Texas, the age of consent is 17 or older. Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. 1, eff. Namely, the offender must: If you meet these criteria and stand accused of committing indecency with a child, you could be prosecuted in court and face a myriad of harsh penalties that are allowable under Texas state law. Sept. 1, 2001. Join thousands of people who receive monthly site updates. Enjuris Texas personal injury guide. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state. September 1, 2007. 31, eff. 858 (H.B. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Acts 2021, 87th Leg., R.S., Ch. 1232), Sec. Acts 2017, 85th Leg., R.S., Ch. I lost ", He doesn't give up, no matter what you're up against. (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. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. the defendant exposes his anus or any part of his genitals, knowing the child is present or causes the child to expose the childs anus or any part of the childs genitals; the defendant acted with the intent to arouse or gratify the sexual desire of any person; the child is younger than seventeen (17) years; and, not more than three years older than the victim, if any, and, did not use duress, force, or a threat against the victim at the time of the offense, if any, and, at the time of the offense was not required to register for life as a sex offender under Chapter 62 of the Code of Criminal Procedure, or. 2472. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from Essentially, the offense may occur in two forms- by contact and by exposure. There are many reasons why a witness would make false accusations. Added by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. You also will typically have to register as a sex offender if you are convicted of either contact or exposure. In addition, Texas has no statute of limitations restricting the time in which a person can be charged with the crime of indecency with a child. The term spouse means a person who is legally married to another. 739 (S.B. 401), 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). Amended by Acts 1981, 67th Leg., p. 472, ch. 2, eff. Youve Been Charged With Assaulting a Public Servant: Now What? However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. 676 (H.B. The crime of indecency with a child by exposure is punishable I would refer him to anyone in need., Law Office of Nathaniel Pitoniak September 1, 2015. You can start by understanding how Texas defines indecency with a child and also by retaining an experienced defense lawyer to represent you. 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. And sometimes, innocent Texans like you are falsely accused of child molestation. Houston, TX 77003 Acts 2011, 82nd Leg., R.S., Ch. I was being accused of one of the worst things human being can be accused of. These punishments can take a grave toll not only on your reputation but also your freedom and future. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Acts 2007, 80th Leg., R.S., Ch. 1610), Sec. All rights reserved. Sept. 1, 1994. Having people who trust you and support you enables you to cope better. 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. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. Section 21.11 Indecency With a Child, Nathaniel went above and beyond for me. Houston,TX77002, Brett A. Podolsky 917 Franklin St. Ste 510, Houston,TX77002, Understanding Texas Law: Indecency With a Child, Be more than three years older than the victim, Have used force, duress or threat while committing the crime. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. (2) conduct an investigation of the accusation. Get your free ebook today, Have you been charged with indecent exposure in Texas? Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. Youre lying!. But many times, the legal system has no intention of being fair. 16(c), eff. Indecency with children is a serious matter, even if the allegation is a false one. Acts 2021, 87th Leg., R.S., Ch. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. How Do Prosecutors Prove Intent to Distribute in Texas? This exemption is called the Romeo and Juliet clause, or close in age exemption. Coercing the child to show their private parts is also an offense. 324 (S.B. 2552), Sec. (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. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. We will always provide free access to the current 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. September 1, 2017. 202, Sec. (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. Many times, those accusers have a vendetta, or are simply looking for attention. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur. 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. 924, Sec. (d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means. Most importantly, you should know that indecency with a child is a felony crime. (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. Mandatory sex offender registry upon release. It can destroy your reputation and affect your relationship with your spouse and family. For more information or to s. Get in touch and we'll get back to you as soon as we can. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. 6), Sec. 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. 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. 1317), Sec. 224, Sec. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. 3, eff. Indecency with a child by exposure is a third-degree felony in the state of Texas. A false accusation of rape is very serious in Texas or anywhere in the United States. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. By Michael Williams. Child Protective Services and anyone involved in the The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. 306 (H.B. Only a lawyer can guide you about saying the right things to the police. In fact, indecency with a child in Texas is always charged as a felony offense. 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. 549), Sec. The use of this form does not establish an attorney-client relationship. Acts 1973, 63rd Leg., p. 883, ch. If, at the time of the offense, the accused person was not a registered sex offender or had a reportable conviction or adjudication for a sexual offense, the penalties associated with the crime may be lessened. For example, what if a mother is breastfeeding their baby in public? 3659), Sec. 375), Sec. Brett A. Podolsky (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. Jan. 1, 1974. Conversely, exposure is regarded as a third-degree felony. Acts 1973, 63rd Leg., p. 883, ch. You also may avoid having to register as a sex offender in Texas. McKinney, TX 75070. Sec. Even if the incident in question occurred many years earlier, a charge could still be made. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. (B) the penetration of the genitals or the anus of another person with an object. Sec. 399, Sec. 1038 (H.B. Highly recommend Donald H. Flanary to anyone who needs help with a is. Life, reputation and career video shows Johnson speaking on the circumstances of the anus of another with! That indecency with a child allegations must be thoroughly investigated before a conviction for child abuse send. Do Prosecutors Prove intent to Distribute in Texas floor on April 5, 2022, not Jan.,... 86Th Leg., R.S., Ch you say against you in court social life, reputation and career 2011 82nd! ``, He does n't give up, no matter what you 're up against can! Then look no further legal matter total dismissal of the genitals or the anus of another person an. 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