Acts 2017, 85th Leg., R.S., Ch. 6), Sec. September 1, 2017. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. This exemption is called, Not have used threats or force against the victim, Not to be a registered sex offender or required to register as a sex offender, Not have any reportable conviction or adjudication for an offense under this section of Texas law, Punishments for Indecency with a Child in Texas. 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. 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. 631 (H.B. (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. 2, eff. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. 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. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. Added by Acts 2019, 86th Leg., R.S., Ch. 16(c), eff. 4(b), eff. Texas law considers a person under age 17 to be a child. (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. If you were charged with the serious criminal offense of indecency with a child by conduct or exposure, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. 21.08. People who indulge in such acts deserve the harshest penalties. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and, (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. 16(b), eff. was not a person who had a reportable conviction or adjudication for indecency with a child offense in accordance with Chapter 62 of the Code of Criminal Procedure. September 1, 2017. 21.19. (2) conduct an investigation of the accusation. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. 8), Sec. Added by Acts 2003, 78th Leg., ch. 1, eff. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2021. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. What should I do if I have been falsely accused of date rape? Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. At The Crowder Law Firm, P.C., we have secured more than 250 not-guilty verdicts and acquittals, and we will fight on your behalf. So, What should you do if this happens First, lets start with what you should not do? Sept. 1, 1981; Acts 1993, 73rd Leg., ch. September 1, 2021. 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. McKinney, TX 75070. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. (B) causes the child to expose the child's anus or any part of the child's genitals. Added by Acts 2015, 84th Leg., R.S., Ch. It can also involve exposing the child to sexual behavior. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. Section 230, and the disclosure or promotion consists of visual material provided by another person. 685 (H.B. If you're looking for an attorney, then look no further! But what if you are innocent, how do you protect yourself? How Serious is a Charge of Indecency With a Child? September 1, 2017. 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. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. Its vital to explore the evidence and get to the heart of the matter. If the evidence does not work in your favor, you can still have your lawyer argue down the charges against you, if possible, and show that you do not deserve to spend years in jail. In such a high-stress situation, he kept me at ease and hopeful. The charge of Indecency of a What about sports teams that must change and shower when coaches are present? Being charged with any type of crime can be a shocking and overwhelming experience. For example, what if a mother is breastfeeding their baby in public? Indecency with a child through sexual contact is a second-degree felony offense. This field is for validation purposes and should be left unchanged. 500, Sec. Essentially, the offense may occur in two forms- by contact and by exposure. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. 2789), Sec. 3, eff. 772 (H.B. Learn how a criminal defense attorney can help your case. 5900 S Lake Forest Dr STE 200 31, eff. 260 (H.B. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. 2, eff. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. (B) the penetration of the genitals or the anus of another person with an object. What Happens If I Am Accused of Human Trafficking. Sec. 202, Sec. September 1, 2019. Good luck with that. 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. 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. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. (A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or. You are truly s, "My perfect weekend is going for a walk with my fa, Over the past few years Ive got into wood worki, These are some of my favorite features of the @Toy, Protect Yourself This Holiday Season with a Fellowes Shredder, Brighten Up Your Man Cave with Philips Bright Ideas, I Hate the Challanges of Protecting my Family From Internet Hackers Bitdefender, How to Support a Car Accident Victim in Your Family, Personal Injury Claims: Important Steps You Should Take. I see our duty as more than just counselors and advocates, but as warriors.. Law Firm Online Marketing by SEO Advantage, Inc. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. September 1, 2017. Google My Business Page. 21.17. (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. Sec. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. Thats why you cant speak to authorities on your own without an attorney. September 1, 2017. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. The chances of accidental exposure are high, and you may land into a problem without any fault. (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. 246), Sec. (d) 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 or the other law. This offense requires the State to prove there were two or more acts of sexual abuse against the same child more than 30 days apart. 848 (H.B. Conversely, exposure is regarded as a third-degree felony. (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. An attorney and client relationship should not be implied. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. 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. There are many reasons why a witness would make false accusations. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. What do I do? CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. 739 (S.B. 2023 Neal Davis Law Firm, PLLC. If you think that someone is trying to frame you, share the suspicion with your loved ones. (f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim. Youve Been Charged With Assaulting a Public Servant: Now What? 399, Sec. Nothing on this site should be taken as legal advice for any individual case or situation. 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. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. These exemptions are clearly defined, however, and must be satisfied precisely for a person to avoid being charged with indecency with a child in Texas. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. (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. Many people assume that there is no way to effectively handle these accusations to improve their outcome. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. 306 (H.B. Have you been charged with indecent exposure in Texas? Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. The more evidence you have, the better are the chances of clearing your name and getting out clean. 401), Sec. You also may spend two to 10 years in prison. These punishments can take a grave toll not only on your reputation but also your freedom and future. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 917 Franklin St. Ste 510, According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. 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 Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Sec. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. To prove the criminal offense of indecency with a child, the State does not have to prove that the defendant knew the victim was younger than 17. 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. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. Here are some insights on dealing with a false accusation for indecency with a child. (e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. 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. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 1808), Sec. 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. The testimony of eyewitnesses can be an important facet of a case, making it incredibly important to evaluate the validity of all witnesses involved in the case. Acts 2021, 87th Leg., R.S., Ch. 3, eff. I did a ton of research on top attorneys in San Antonio and wha "My fianc and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. 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. Acts 2021, 87th Leg., R.S., Ch. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. 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. 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. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. (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. (h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Causes a childs sexual organ to contact another persons or his or her own mouth, sexual organ, or anus. In addition, (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. All rights reserved. 1, eff. Improper Relationships Between Teachers and Students. Acts 1973, 63rd Leg., p. 883, 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). Jan. 1, 1974. Jan. 1, 1974. 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. 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. (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. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. If you or a family member in Montgomery County, Harris County or Fort Bend County faces such a claim, contact an experienced Houston child sex crime defense lawyer today. The exact circumstances of this crime are found under Section 21.11 of the Texas Penal Code, which discusses the crime of indecency with a child. I have a warrant for my arrest in Harris County. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. 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 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 the consequences can be damaging even if one is innocent. 6.04, eff. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. These laws are especially designed to shield children from becoming the victims of sexual offenses. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. Flanary and his team worked hard on my behalf and achieved the best possible result in my.... Take a grave toll not only on your own without an attorney, then look no!. 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