Acts 2017, 85th Leg., R.S., Ch. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. 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. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. (2) conduct an investigation of the accusation. Having a support system is also essential to stay sane during the entire situation. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. (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. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. Skip to content. 900, Sec. VOYEURISM. 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. 1, eff. You also may spend two to 10 years in prison. Are you currently wondering what should you do if falsely accused of child molestation in Texas? 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. (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or. Get your free ebook today . (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. Sec. (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. Nothing on this site should be taken as legal advice for any individual case or situation. 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. Homepage photo of Collin County, Texas courthouse courtesy of Larry D. Brown under the Creative Commons license. 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. They are a threat to morality Given how steep the penalties are for a conviction of indecency with a child, Improper Relationship Between Educator and Student, Learn how a criminal defense attorney can help your case. Days of a Domestic Dad is for my fellow parents who are simply living the dream. Indecency with a child by exposure is a third-degree felony in the state of Texas. 21.17. Charges of indecency with a child in the State of Texas are serious charges that typically lead to police investigation and can lead to arrest and conviction. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met: An essential aspect of this crime is intent, meaning that a person must engage in these acts with the goal of sexual gratification or arousal. (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. Amended by Acts 1993, 73rd Leg., ch. 1, eff. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. 1, eff. (b) An offense under this section is a Class A misdemeanor. 21.19. What do I do? 31, eff. Fortunately, there are defenses available to those accused of sex crimes in Texas. (4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through: (A) any accompanying or subsequent information or material related to the visual material; or. for non-profit, educational, and government users. September 1, 2017. June 18, 2015. 1, eff. Notably the jury does not have to agree on This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Sex crimes involving children are among the most serious crimes. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. 399, Sec. Sept. 1, 2003. we provide special support 246), Sec. Jan. 1, 1974. The more evidence you have, the better are the chances of clearing your name and getting out clean. (b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. 1, eff. If youre or a loved-one were accused of child 1038 (H.B. (2) "Sexual conduct" has the meaning assigned by Section 43.25. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. Added by Acts 2007, 80th Leg., R.S., Ch. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. They think, No one accused of child molestation admits to it. There are many seemingly innocent situations that can be confused with indecency with a child by exposure. 1317), Sec. What should I do if I have been falsely accused of domestic violence? I was being accused of one of the worst things human being can be accused of. If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. September 1, 2017. Are these situations unlawful in Texas? September 1, 2019. (4) "Promote" has the meaning assigned by Section 43.21. Updated on August 23, 2022. The state will move forward with the case, even if the person who accused you attempts to recant or wants to drop the domestic violence charges that have been filed against you. Sept. 1, 1994; Acts 2001, 77th Leg., ch. Texas takes criminal sexual acts against minors very seriously. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. (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. The first is called Indecency with a Child by Contact. 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. 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. 401), Sec. 1317), Sec. There are many reasons why a witness would make false accusations. The information on this website is for informational purposes only. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. 21.02. That is, the offender can meet the required criteria for exposing himself or herself to the victim or having the victim expose himself or herself to the offender without either ever having physical contact with each other. The US Department of Justice announced its decision to not seek These charges can threaten ones employment, housing, and reputation. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. 858 (H.B. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. Texas laws involving sex acts and children can bring very harsh punishments. Nathaniel went above and beyond for me. September 1, 2017. Starr Law, P.C. If youve been falsely accused of sexual assault, learn the steps to protect your future. Jan. 1, 1974. Sept. 1, 1981; Acts 1987, 70th Leg., ch. SEXUAL COERCION. 2472. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. Many times, people are charged wrongfully for indecency with a child. 900, Sec. They are a threat to morality and society as a whole because young children cannot protect themselves. (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. 21.16. September 1, 2021. 2, eff. 221 (H.B. entrepreneurship, were lowering the cost of legal services and Kent Starr Attorney at Law 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. Which Behaviors Are Considered Child Abuse Under Texas Law? Download Vcard You also may avoid having to register as a sex offender in Texas. Second, you should get an attorney immediately. 739 (S.B. (h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. This is a serious crime that the state of Texas does not take lightly. 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