Law Firm Online Marketing by SEO Advantage, Inc. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. Sept. 1, 2003. 1415, Sec. 21.09. INDECENCY WITH A CHILD. But you must do your best to clear your name and salvage your reputation. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). (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. (b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or. 1.01, eff. Acts 2021, 87th Leg., R.S., Ch. Indecency with a child through sexual contact is a second-degree felony offense. 1354 (H.B. 1135), Sec. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. I highly recommend him. September 1, 2017. Sec. 2022 Law Office of Nathaniel Pitoniak All Rights Reserved. 1028, Sec. Jan. 1, 1974. (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). The information on this website is for general information purposes only. We Are Well-Versed with Local and National Criminal Laws. Sept. 1, 2001. 1808), Sec. (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. 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. Its easy to make a claim, even if it isnt true, and teachers who are accused of having an inappropriate relationship with a student arent always guilty. 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. Having people who trust you and support you enables you to cope better. 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. 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. 1804), Sec. Absent this intent, the accusations may not hold up in a court. In some cases, its actually the student who tries to initiate and heighten such relationships. 202, Sec. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. 24), Sec. 739 (S.B. Child Protective Services and anyone involved in the legal system will not believe your story. Many times, those accusers have a vendetta, or are simply looking for attention. Kent Starr Attorney at Law 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. 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? 96, Sec. BESTIALITY. Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Added by Acts 2017, 85th Leg., R.S., Ch. 1.17, eff. You also may avoid having to register as a sex offender in Texas. 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. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. Jan. 1, 1974. (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. 955 (S.B. (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. Acts 2017, 85th Leg., R.S., Ch. 549), Sec. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. Sept. 1, 2001. These charges can threaten ones employment, housing, and reputation. Even better, get some witnesses to vouch for your good conduct or relationship with the child. It also infers intention by the circumstances surrounding the crime when it takes place. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. This offense requires that the victim be 17 years of age or younger. Board Certified, Criminal Law Texas Board of Legal Specialization. (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. 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. 3, eff. (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. 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. 207), Sec. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 1, eff. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. 246), 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. 1.01, eff. 21.01. (832) 315-6283 QM25+5P South Central Houston, Houston, TX Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. Acts 2017, 85th Leg., R.S., Ch. We will always provide free access to the current law. I share real stories about family life and travel, as well as plenty of auto and tech talk. 178 (S.B. (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. If the victim and the offender are married, the offender may not be able to be charged with this crime. Added by Acts 2015, 84th Leg., R.S., Ch. 1, eff. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. Can I drop assault charges against my partner? Your attorney can use evidence in your favor to show that you did not commit the crime and have been falsely accused. The use of this form does not establish an attorney-client relationship. Any statement can incriminate you, so staying silent is your best option. Its vital to explore the evidence and get to the heart of the matter. 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. (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. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. Updated on August 23, 2022. 739 (S.B. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). There are many seemingly innocent situations that can be confused with indecency with a child by exposure. Texas laws involving sex acts and children can bring very harsh punishments. 2, eff. 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. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Here are some of the most common reasons for false accusations in Texas: Revenge. Youre lying!. I have been charged with a crime; How soon should I hire a lawyer? But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. The elements SEXUAL COERCION. Jan. 1, 1974. The typical reaction is to know that youre innocent. 2, eff. And its a common-sense reaction. If the victim was under six years old at the time of the crime, or the victim was under age 14 and serious bodily harm was caused or there was an attempt to cause death, the minimum prison sentence is 25 years. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. 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. 593 (H.B. 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. 399, Sec. All rights reserved. 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. Moreover, you may end up losing your reputation and relationships, considering the seriousness of the charges. If youve been falsely accused of sexual assault, learn the steps to protect your future. 32, eff. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.11 Acts 2021, 87th Leg., R.S., Ch. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. 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. Nathaniel went above and beyond for me. 29), Sec. Indecency with a child by exposure is a third-degree felony in the state of Texas. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. 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.

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