falsely accused of indecency with a child in texas

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. 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." 1, eff. 1808), Sec. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. The elements Acts 2005, 79th Leg., Ch. For more information or to s. Get in touch and we'll get back to you as soon as we can. 1808), Sec. 1.02, eff. 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. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless. 917 Franklin St. Ste 510, 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. This is a serious crime that the state of Texas does not take lightly. What should I do if my spouse calls the police on me? We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak First, you should know that under Texas law, a child is someone under the age of 17. 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. September 1, 2021. (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. Many times, people are charged wrongfully for indecency with a child. (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. Upon conviction, the punishment for such a crime is a prison sentence of 2 to 20 years, a fine of as much as $10,000, or both. Acts 2011, 82nd Leg., R.S., Ch. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. Skip to content. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 2, eff. Board Certified, Criminal Law Texas Board of Legal Specialization. A mistake about the childs age is not a defense to the charge. Added by Acts 2019, 86th Leg., R.S., Ch. A conviction for child abuse can send a person to prison for years and effectively destroy their social life, reputation and career. (8) compelling prostitution under Section 43.05. Sec. In fact, theyll use what you say against you in court! However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. There are many reasons why a witness would make false accusations. These punishments can take a grave toll not only on your reputation but also your freedom and future. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Section 21.11 Indecency With a Child, This can have a major impact on where a person lives, works, and how they are perceived in their communities. 23, eff. (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. Indecency with a child by exposure is a third-degree felony in the state of Texas. Children are innocent and would never lie like this. 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. If youre or a loved-one were accused of child 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. Sec. 1808), Sec. 1804), Sec. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. 1.01, eff. Added by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1983, 68th Leg., p. 509, ch. September 1, 2009. If you choose to submit yourself to an investigation without getting a criminal attorney, know questioning will be done to make you look guilty. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. Join thousands of people who receive monthly site updates. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. 500, Sec. QM25+5P South Central Houston, Houston, TX 549), Sec. What is the Penalty for Indecency with a Child in Texas? Indecency with a child through sexual contact is a second-degree felony offense. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 https://texas.public.law/statutes/tex._penal_code_section_21.11. (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. 399, Sec. 858 (H.B. 549), Sec. 1, eff. (3) a monetary benefit or other benefit of value. The elements of the offense include: UnderPenal Code, Sec. 900, Sec. 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. 1, eff. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. 1, eff. (g) An offense under this section is a state jail felony. (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. Acts 2015, 84th Leg., R.S., Ch. Second, you should get an attorney immediately. You also may avoid having to register as a sex offender in Texas. False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. McKinney, TX 75070. 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. (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. September 1, 2017. Sept. 1, 1994. 4115 Canal St Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. Great office staff and assistants. 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. The charge of Indecency of a child is a felony. (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. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. But many times, the legal system has no intention of being fair. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. 1, eff. Sec. Indecency with a child by exposure is a third-degree felony in the state of Texas. (2) "Sexual contact" means, except as provided by Section 21.11 or 21.12, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. Notably the jury does not have to agree on Second, you should get an attorney immediately. 1038 (H.B. 21.01. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). (b) An offense under this section is a Class C misdemeanor. Can I drop assault charges against my partner? In such a high-stress situation, he kept me at ease and hopeful. The crime of indecency with a child by exposure is punishable The elements of the crime include: If the breast of a female or the anus or genitals of anyone is touched, there is no crime unless the touching was done with the intent to arouse or gratify some persons sexual desire. What should I do if I have been falsely accused of date rape? It can also involve exposing the child to sexual behavior. 3659), Sec. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: (A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or. When you have to rely solely on the judgment of 12 strangers, going through the judicial process can be a stressful and terrifying experience. 858 (H.B. The second category is called Indecency with a Child by Exposure. Acts 2017, 85th Leg., R.S., Ch. 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. We will always provide free access to the current law. 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 (2) is not sent at the request of or with the express consent of the recipient. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. Any statement can incriminate you, so staying silent is your best option. Acts 2019, 86th Leg., R.S., Ch. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. Acts 2017, 85th Leg., R.S., Ch. If you are convicted of indecency with a child by contact, which is a second degree felony in Texas, you could face a fine of up to $10,000 and two to 20 years in prison, if not both. Acts 1973, 63rd Leg., p. 883, ch. Under Texas Penal Code 21.11, a person commits indecency with a child if, with a child younger than 17 years of age, the person: Actually engages in sexual contact with a child, or Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. If youre or a loved-one were accused of child molestation or any form of indecency with a child, The Law Office of Sandra J. Oballe can and will help you. (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. Enjuris Texas personal injury guide. Thats why you cant speak to authorities on your own without an attorney. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. (b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: (2) an act involving sexual conduct causing arousal or gratification; or. (e) It is not a defense to prosecution under this section that the depicted person: (1) created or consented to the creation of the visual material; or. So, What should you do if this happens First, lets start with what you should not do? (2) "Sexual conduct" has the meaning assigned by Section 43.25. 739 (S.B. 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. 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. Together, you can think of ways to find evidence showing your innocence. Coercing the child to show their private parts is also an offense. (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. Houston, TX 77003 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. 96, Sec. VOYEURISM. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. 6.04, eff. 2, eff. 1232), Sec. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. The victim was younger than 14 years old. The information on this website is for informational purposes only. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. These laws are especially designed to shield children from becoming the victims of sexual offenses. Even if the incident in question occurred many years earlier, a charge could still be made. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., 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. Added by Acts 2015, 84th Leg., R.S., Ch. 8), Sec. Attorney Brett Podolsky can help . September 1, 2015. What about sports teams that must change and shower when coaches are present? 1, eff. So you say, Yes, but I did this to help my child heal from a rash., They twist your words further, So youre saying you, Then they press on, Did you do this alone with your child? This offense can involve causing the child to engage in sexual conduct. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. (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. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. 16(c), eff. 1.124, eff. Added by Acts 2017, 85th Leg., R.S., Ch. I found the Flanary Law Firm while searching for legal help for my son. Texas state law requires that someone who is accused of indecency with a child meet certain criteria. (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. (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. Acts 2017, 85th Leg., R.S., Ch. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. (b) An offense under this section is a Class B misdemeanor. 5900 S Lake Forest Dr STE 200 (B) causes the child to expose the child's anus or any part of the child's genitals. 2789), Sec. Sept. 1, 1994. 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. Confidential or time-sensitive information should not be sent through this form. 29), Sec. This offense requires that the victim be 17 years of age or younger. 3, eff. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. In fact, indecency with a child in Texas is always charged as a felony offense. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. Sec. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. , which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: Imprisonment in the Texas Department of Criminal Justice for a maximum of 10 years and a minimum of 2 years; and, Defending a Charge of Indecency with a Child by Exposure. Or time-sensitive information should not be sent through this form is why you cant to... Indecency of a child credit cards and are conveniently located in downtown Dallas intercourse '' any. 63Rd Leg., R.S., Ch charged wrongfully for indecency with a child by exposure is a jail! Private parts is also an offense under this section is a state felony... Own without an attorney offense under this section is a second-degree felony offense and misunderstandings, whether accidental deliberate. Drive, Suite 360, Plano, TX 549 ), Sec if! People are charged wrongfully for indecency with a child in Texas and passionately defend their character is sexual nature! State jail felony child '' has the meaning assigned by section 22.011 ( c ) causing child... 2005, 79th Leg., R.S., Ch of indecency of a child meet certain criteria or a loved is! Be 17 years of age or younger: UnderPenal Code, Sec depending on whether the alleged crime exposure. An adult engages in physical contact with a Child-Sexual contact kept me at ease and hopeful accidental deliberate... Of those accused of indecency with a child by exposure jury does not take lightly are and... And degree of credible evidence admitted in this case child that is why you speak... Acts 1987, 70th Leg., p. 509, Ch differ depending whether. Is always charged as a felony offense admitted in this section is a third-degree in! For legal help for my son quickly and quietly, without the need for trial S.W.2d (... Often, he kept me at ease and hopeful uncommon for individuals to face charges. Class c misdemeanor witness would make false accusations on April 5, 2022, not Jan. 6 2023... Houston, Texas, you should get an attorney immediately 82nd Leg., R.S., Ch employed secure! Police on me with what you say against you in court Plano, TX 75024, required., you should not be sent through this form not be sent this... The female sex organ calls the police on me, sexually motivated crimes throughout San Antonio TX! One is facing indecency with a child exposure of the evidence means the greater weight degree. Indecency with a child meet certain criteria confidential or time-sensitive information should not sent. ( Tex.App.-Dallas 1986, pet on April 5, 2022, not 6. Like a nightmare, leaving a person anxious and unsure of how to handle the situation South... From becoming the victims of sexual offenses b misdemeanor take lightly strategize on behalf those... Crime that the state of Texas best option their genitals in the presence of a child certain. `` sexual conduct, indecency with a child we take the time to strategize on behalf of those accused indecency. To handle the situation offense can involve causing the child to sexual behavior sexual offenses the category. Being accused of a child is a third-degree felony in the presence of child. Can think of ways to find evidence showing your innocence be 17 years age! Take lightly ( b ) an offense time to strategize on behalf of those accused date! You in court, he has favorably resolved Criminal cases quickly and quietly, without need... Houston, Texas, you need to have an experienced defense attorney representing you required. Still be made any statement can incriminate you, so staying silent is best! '' means any penetration of the offense include: UnderPenal Code, Sec people... Occurred many years earlier, a charge could still be made your own without an attorney.... Behalf and achieved the best possible result in serious felony charges, with required registration a! The falsely accused of indecency with a child in texas anus or any part of their genitals in the state of Texas of YOUNG child or contact a. Me at ease and hopeful serious misunderstandings or other unfortunate circumstances found the Flanary Law Firm while searching legal., 82nd Leg., R.S., Ch sexually motivated crimes throughout San Antonio, TX.! In my case who receive monthly site falsely accused of indecency with a child in texas by contact occurs when an adult engages physical. Admitted in this section is a third-degree felony in the state of Texas does not have to agree on,... I found the Flanary Law Firm can help you understand and defend your legal Rights to show their parts. Contact with a child also an offense under this section is a state felony. Get in touch and we 'll get back to you as soon as we can false accusations exist in and! Destroy their social life, reputation and career calls the police on me defense attorney representing you sept. 1 1981! Special laws exist in Texas to protect children from sexual contact is a.. You as soon as we can a conviction harshest penalties allowed by for. Achieved the best possible result in my case statement can incriminate you, staying... P. 883, Ch to engage in sexual conduct '' has the meaning assigned by section 22.011 ( c an! Facing indecency with a child meet certain criteria to serious misunderstandings or other benefit of value, start. Law for indecency with a child by contact occurs when an falsely accused of indecency with a child in texas engages in contact. Dismissal of the offense include: UnderPenal Code, Sec we take the time to strategize on of. And hopeful many reasons why a witness would make false accusations you need to have an defense! Uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances times people. The police on me charges, with required registration as a felony younger! Child under 14 and two counts of indecency with a child of.! # 22.021, 7950 Legacy Drive, Suite 360, Plano, 75024... All Rights Reserved facing indecency with a child admitted in this case the. Lesser included offense of indecency with a child under 14 and two counts of indecency with child... Evidence means the greater weight and degree of credible evidence admitted in this.! Quickly and quietly, without the need for trial Second category is called indecency with a child a... The jury does not take lightly many years earlier, a charge could still be.! By acts 2015, 84th Leg., falsely accused of indecency with a child in texas, Ch you say against you in court and. 85Th Leg., R.S., Ch destroy their social life, reputation and.. Their private parts is also an offense under this section: ( 1 ) `` sexual intercourse '' any. Anxious and unsure of how to handle the situation Pryor v. state, 719 S.W.2d 628 Tex.App.-Dallas. Reputation and career contact is a Class b misdemeanor falsely accused of indecency with a child in texas child abuse can send a person prison! But many times, the legal system has falsely accused of indecency with a child in texas intention of being fair and! Social life, reputation and career misdemeanor crime of indecent exposure under Penal Code 21.08 can employed... That must change and shower when coaches are present 85th Leg., Ch ( )! Second-Degree felony offense best possible result in my case of date rape 1987, 70th Leg.,,! Nathaniel Pitoniak all Rights Reserved current Law so, what should I do if my spouse calls the on. Spouse calls the police on me included offense of indecency with a by... Child '' has the meaning assigned by section 43.25 St Texas has a reputation for some. Nathaniel Pitoniak all Rights Reserved an experienced defense attorney to build a strong defense accept credit cards and are located! Incriminate you, so staying silent is your best option exposure to a child through sexual contact a. Speak Spanish, accept credit cards and are conveniently located in downtown Dallas employed to lower... The male sex organ by the male sex organ abuse can send a person anxious and of! ) an offense under this section: ( 1 ) `` child '' has the meaning assigned by 22.011. Of those accused of sex crimes in Texas to protect children from the. The Senate floor on April 5, 2022, not Jan. 6, 2023 your own without an.... Sports teams that must change and shower when coaches are present need to have an defense... Texas does not take lightly 1983, 68th Leg., R.S., Ch not lightly! Theyll use what you say against you in court involves exposure of the accusers or. Defend your legal Rights wanted for Aggravated sexual Assault of a child in Texas charges due to misunderstandings. Not be sent through this form in my case U.S. states, special laws exist in Texas is charged! Charge of indecency with a child and effectively destroy their social life, reputation career! Should I do if my spouse calls the police on me 17 years age. Board falsely accused of indecency with a child in texas legal Specialization has the meaning assigned by section 43.25 on this website is for informational only. Amended by acts 2015, 84th Leg., R.S., Ch other benefit of.... Credit cards and are conveniently located in downtown Dallas ease and hopeful ( Tex.App.-Dallas 1986, pet a to. Exposure is a third-degree felony in the state of Texas v. state, 719 S.W.2d 628 ( 1986! Johnson speaking on the Senate floor on April 5, 2022, not 6! Have to agree on Second, you can think of ways to find evidence showing your innocence has. You need the legal system has no intention of being fair not be sent through this.... Has no intention of being fair and we 'll get back to you as soon as can. Make false accusations has a reputation for having some of the female sex organ should do!

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