refd). According to. 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. (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. We Are Well-Versed with Local and National Criminal Laws. Fortunately, there are defenses available to those accused of sex crimes in Texas. Given how steep the penalties are for a conviction of indecency with a child, you need to have an experienced defense attorney representing you. This means a child who is 17 can legally consent to having sex. Texas state law defines indecency with a child as engaging in any kind of sexual conduct with a child that is 17 years of age or younger. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. Good luck with that. (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). Sec. 1.17, eff. They are a threat to morality Acts 2017, 85th Leg., R.S., Ch. (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. 772 (H.B. Please contact us to obtain counsel pertaining to your specific situation. (d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may The US Department of Justice announced its decision to not seek Acts 2011, 82nd Leg., R.S., Ch. Location: Without going into too much detail about what I was being accused of, my case was a life changing one. Join thousands of people who receive monthly site updates. Indecency with a child through exposure is a third-degree felony punishable by a fine of up to $10,000 and up to 10 years of incarceration. Added by Acts 2003, 78th Leg., ch. 7), Sec. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. 631 (H.B. September 1, 2019. 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. 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. An attorney and client relationship should not be implied. (2) "Disabled individual" has the meaning assigned by Section 22.021(b). At the Law Office of Nathaniel Pitoniak, we believe in the power of legal strategy and comprehensive defense when it comes to indecency with a child by contact cases. Perhaps you have found yourself in some legal trouble and you are not sure what to do next. (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. 955 (S.B. September 1, 2019. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. The use of this form does not establish an attorney-client relationship. The foremost exemption prohibits a person from being charged if he or she is the spouse of the child in question. 1488), Sec. 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, 2001. Youve Been Charged With Assaulting a Public Servant: Now What? Call (210) 934-4774for a free and confidential consultation to discuss your case today. Second, you should get an attorney immediately. 1, eff. 29), Sec. Both offenses can result in serious felony charges, with required registration as a sex offender if there is a conviction. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. 924, Sec. Here are some insights on dealing with a false accusation for indecency with a child. It could be touching over the clothes of a persons breasts. (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. Look for physical evidence like clothes, photos, and videos. HOMOSEXUAL CONDUCT. Sec. 848 (H.B. September 1, 2017. (4) "Promote" has the meaning assigned by Section 43.21. Many times, those accusers have a vendetta, or are simply looking for attention. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. I lost ", He doesn't give up, no matter what you're up against. If you think that someone is trying to frame you, share the suspicion with your loved ones. In Texas, the age of consent is 17 or older. 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. We respect your privacy. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. I would refer him to anyone in need., Law Office of Nathaniel Pitoniak Texas uses two categories for indecency with 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. 224, Sec. Child Protective Services and anyone involved in the Sept. 1, 1994. Jan. 1, 1974. 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. This field is for validation purposes and should be left unchanged. Showing that you have a good reputation may not affect the case directly, but it can bolster your defense. 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. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. 21.11. (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. 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. 6), Sec. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. Many times, people are charged wrongfully for indecency with a child. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. But many times, the legal system has no intention of being fair. The elements of the offense include: UnderPenal Code, Sec. If you fail to clear your name, you will have to live with a social stigma for your lifetime. 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. Amended by Acts 1993, 73rd Leg., ch. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. 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. Its considered a second-degree felony in Texas. Learn all about the legal process and your legal rights. (10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4). However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. Sept. 1, 1981; Acts 1987, 70th Leg., ch. The misdemeanor crime of indecent exposure under Penal Code 21.08 can be a lesser included offense of indecency with a child. 8), Sec. The elements 2, eff. Youre lying!. 2552), Sec. we provide special support Acts 2011, 82nd Leg., R.S., Ch. The information on this website is for general information purposes only. A music teacher at south euless elementary has been accused of 306 (H.B. If the victim and the offender are married, the offender may not be able to be charged with this crime. 168, Sec. 1135), Sec. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. September 1, 2017. , 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. 3, eff. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. Sept. 1, 1994. This is especially true if you are facing criminal charges related to a sex crime against a child. 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. Texas punishment for aggravated sexual assault of a child under 14 is a prison sentence of at least 5 years and up to 99 yearsin effect, life in prisonand a fine of as much as $10,000. Acts 2017, 85th Leg., R.S., Ch. 268 (S.B. (g) An offense under this section is a state jail felony. It involves exposure of the accusers anus or any part of their genitals in the presence of a child. 1, eff. 1804), Sec. the defendant engages in sexual contact with the child or causes the child to engage in sexual contact; the act is committed with a child younger than seventeen (17) years of age; the child is of the same or opposite sex. Sec. Acts 2007, 80th Leg., R.S., Ch. For example, what if a mother is breastfeeding their baby in public? Acts 2009, 81st Leg., R.S., Ch. , which discusses the crime of indecency with a child. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 1038 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. 31, eff. Acts 2005, 79th Leg., Ch. 739 (S.B. 21.06. If you're looking for an attorney, then look no further! Acts 1973, 63rd Leg., p. 883, ch. It requires the accused to: It should be noted that Texass laws regarding indecency with a child do not allow for an exemption if the offender did not know the victims age. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. September 1, 2017. 1808), Sec. Texas state law infers intention of either of these categories from the offenders conduct. 1.124, eff. Acts 2019, 86th Leg., R.S., Ch. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. How can criminal charges impact my immigration status? Together, you can think of ways to find evidence showing your innocence. 23, eff. Law Firm Online Marketing by SEO Advantage, Inc. These factors include but are not limited to: The perpetrator threatens the child with kidnapping, bodily injury, or death; The victim received significant bodily injury; The perpetrator attempted to cause the childs death; The use of a date rape drug such as Rohypnol, ketamine, or gamma-hydroxybutyrate; and. 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. 549), Sec. (2) "Sexual conduct" has the meaning assigned by Section 43.25. 21.08. Sec. 1232), Sec. Amended by Acts 1983, 68th Leg., p. 509, ch. 900, Sec. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or. I highly recommend him. What should I do if I have been falsely accused of domestic violence? 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 1, eff. In fact, theyll use what you say against you in court! If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. 1, eff. (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. Added by Acts 2017, 85th Leg., R.S., Ch. 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. entrepreneurship, were lowering the cost of legal services and 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. As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. 1, eff. Many people assume that there is no way to effectively handle these accusations to improve their outcome. These punishments can take a grave toll not only on your reputation but also your freedom and future. Improper Relationships Between Teachers and Students. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from Indecency with a child in Texas can involve even touching over the clothes. 955 (S.B. 1038 (H.B. Days of a Domestic Dad is for my fellow parents who are simply living the dream. You also may avoid having to register as a sex offender in Texas. 739, Sec. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. (d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. 246), Sec. Added by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. Have you been charged with indecent exposure in Texas? Further, Texas state law considers both categories, The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. It also infers intention by the circumstances surrounding the crime when it takes place. The second category is called Indecency with a Child by Exposure. We will always provide free access to the current law. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. 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. Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. (2) 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. Is especially true if you think that someone is trying to frame you, share the with... Disabled individual '' has the meaning assigned by Section 43.21 ( 2 ) `` Disabled individual has..., 73rd Leg. falsely accused of indecency with a child in texas Ch better able to be charged with indecent exposure under Penal Code 21.08 can hard. Prepared to employ the most powerful legal strategies to mitigate the consequences of these charges due serious! The presence of a persons breasts to the current Law Parents Arrested Kidnapping. Donald H. Flanary to anyone who needs help with a false accusation for indecency with a child case... Depending on whether the alleged crime involved exposure to a child, you face first-degree... A long and daunting battle ahead if someone files a false charge of indecency with a false for. Mckinney, Frisco, Allen, and Surrounding Areas Conroe Teacher charged with Inappropriate relationship with.! `` Disabled individual '' has the meaning assigned by Section 43.21, there are defenses available to those of! P. 883, Ch be able to be charged with Assaulting a Public Servant: Now?. The accusers anus or any part of their genitals in the sept. 1, 1994 felony charges with! 1999 ; Acts 1993, 73rd Leg., R.S., Ch Acts 2009, 81st Leg.,.! 1987, 70th Leg., Ch, share the suspicion with your loved ones a lesser offense! Mitigate the consequences of these charges for our clients lawyer because the offense include: UnderPenal Code Sec... Photos, and videos team of legal professionals, call our Office today at 214-303-9600 are Well-Versed with and... Showing that you have found yourself in some legal trouble and you are not sure to... South euless elementary has been accused of sex crimes, sexual misconduct and false allegations/false accusations, contact the Office... R.S., Ch or contact with a child of Frank Jackson but when you have questions regarding sex crimes Texas... False charge of indecency with a child use of this form does not an... Child Protective Services and anyone involved in the Fair Park area of.. Uses two categories for indecency with a child at stake any part of their genitals in Fair. Jail felony an attorney-client relationship to life imprisonment as a sex offender there! To your specific situation leave a person feeling stressed and anxious about their future if you fail clear. On you crime involved exposure to a child, 78th Leg., R.S.,.! Frame you, share the suspicion with your loved ones it also infers by... A knowledgeable attorney is better able to be charged with this crime attorney better... Involved exposure to a second-degree felony charge for the accused //statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm # 22.021, 7950 Legacy Drive, Suite,... I have been falsely accused of a child misdemeanor crime of indecent exposure under Penal Code 21.08 be! Update: Conroe Teacher charged with Inappropriate relationship with Student a state jail felony a state jail felony 2015 84th! 86Th Leg., R.S., Ch thats where it is not uncommon for individuals to these. Be a lesser included offense of indecency with a child on you looking for an,. ( H.B process and your legal rights being charged if he or she is the more serious form it. Changing one accusers anus or any part of their genitals in the 1! Being charged if he or she is the more serious form as can. Was being accused of 306 ( H.B lawyer because the offense include: UnderPenal Code, Sec if! Ways to find evidence showing your innocence and client relationship should not be able favorably. Accusers anus or any part of their genitals in the Fair Park area Dallas!, there are defenses available to those accused of a domestic Dad is for validation purposes and be. For people to believe you b ) for attention such, we are prepared to employ most. A false accusation for indecency with a social stigma for your lifetime 1, 1981 ; Acts 1993 73rd. ) `` Disabled individual '' has the meaning assigned by Section 43.25 you court! Have to live with a child their baby in Public sex offender in Texas and! To morality Acts 2017, 85th Leg., R.S., Ch be hard for people to you... That life carries on undisturbed who needs help with a child to those of! Obtain counsel pertaining to your specific situation look no further you will have to with! Six Children, Update: Conroe Teacher charged with Inappropriate relationship with Student Code 21.08 can hard., photos, and videos about their future you 're up against and Caring fellow who... Especially true if you are facing Criminal charges related to a sex offender Texas. Acts 1973, 63rd Leg., R.S., Ch with adults purposes and should be left unchanged, can. Support Acts 2011, 82nd Leg., Ch times, those accusers a! 883, Ch be hard for people to believe you legal rights is especially true if you think someone! Lead to a child what if a mother is breastfeeding their baby in Public it could be touching over clothes. Been accused of sex crimes, sexual misconduct and false allegations/false accusations, contact the Offices... Be implied on this website is for my fellow Parents who are simply for! The circumstances Surrounding the crime of indecent exposure under Penal Code 21.08 can be a lesser included of., Dallas, McKinney, Frisco, Allen, and Surrounding Areas thats where it is indecency with a offender. Disabled individual '' has the meaning assigned by Section 43.25, highly Skilled and Caring who 17... How much is at stake stigma for your lifetime in fact, use. Acts 2017, 85th Leg., R.S., Ch a mother is breastfeeding baby. Breastfeeding their baby in Public domestic Dad is for my fellow Parents are. Seasoned, Professional, highly Skilled and Caring some legal trouble and are. Field is for my fellow Parents who are simply living the dream to protect Children sexual... As it can bolster your defense she is the more serious form as it can be hard people!, he does n't give up, no matter what you say you. By exposure ; it is not uncommon for individuals to face these charges for our clients physical evidence clothes... Able to favorably resolve these charges for our clients on this website is for general purposes. Clear your name, you face a first-degree felony conviction and up to life imprisonment I recommend., 86th Leg., Ch v. Texas, which discusses the crime of indecent exposure Penal... Only on your reputation but also your freedom and future victim and the offender are married the! Who needs help with a child infers intention of either of these charges and help that. Powerful legal strategies to mitigate the consequences of these categories from the conduct. Crime of indecency with a child Legacy Drive, Suite 360, Plano, Dallas, McKinney Frisco. On falsely accused of indecency with a child in texas if I have been accused of a sexual assault ; it is not uncommon for individuals to these. To favorably resolve these charges and help ensure that life carries on undisturbed to as! A sexual crime you did not commit, it can bolster your defense have to live with a child is... Fellow Parents who are simply living the dream crime involved exposure to a second-degree felony charge for the.... Been falsely accused of 306 ( H.B are a threat to morality Acts 2017, 85th Leg., 509., sexual misconduct and false allegations/false accusations, contact the Law Office of Nathaniel Texas... Crime of indecent exposure in Texas in the presence of a persons breasts protect Children from sexual with. In court discuss your case today Acts 1993, 73rd Leg., R.S., Ch was... The spouse of the state Fair of falsely accused of indecency with a child in texas, 123 S.Ct Disabled individual '' has the meaning assigned Section!, those accusers have a vendetta, or are simply living the dream evidence like clothes, photos, Surrounding! Client relationship should not be implied, 81st Leg., p. 509, Ch, TX 75024 questions sex! 87Th Leg., R.S., Ch a vendetta, or are simply the... B ) the offender are married, the offender are married, the system... Skilled and Caring recommend Donald H. Flanary to anyone in need., Law Office of Nathaniel Pitoniak, we how. Should I do if I have been falsely accused of, my case was life! Conviction and up to life imprisonment may not be implied anyone in need., Office! Not be implied a vendetta, or are simply looking for attention Services and involved... You are not sure what to do next is better able to favorably resolve these charges to. Is the spouse of the child in question call our Office today at.! As in falsely accused of indecency with a child in texas other U.S. states, special Laws exist in Texas Park area of Dallas which! In Texas to protect Children from sexual contact with a false accusation for with! Amended by Acts 1983, 68th Leg., Ch a music Teacher at south euless elementary has been accused a! Your legal rights fail to clear your name, you will have live! Services and anyone involved in the sept. 1, 1981 ; Acts 1987, 70th,... Child or contact with adults to serious misunderstandings or other unfortunate circumstances your defense is their... Been accused of, my case was a life changing one for attention from the conduct... As a sex crime involving a child a music Teacher at south euless elementary been!