We do want true criminals brought to justice. 772 (H.B. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. Sec. (2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above. 1, eff. (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). 549), Sec. But those who are falsely accused can get into big trouble. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. (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. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. The charge of Indecency of a child is a felony. Kent Starr Attorney at Law 631 (H.B. It is crucial to understand the implications and plan a defense strategy to prove your innocence. 399, Sec. Second, you should get an attorney immediately. , which discusses the crime of indecency with a child. Call (281) 524-2407 to speak to a lawyer today. 1, eff. (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). Learn how a criminal defense attorney can help your case. I see our duty as more than just counselors and advocates, but as warriors.. 24), Sec. 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. 593 (H.B. 2, eff. 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. 1, eff. 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. Thats what Don Flanary and his law firm associates are and more. The first is called Indecency with a Child by Contact. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. Here are some of the most common reasons for false accusations in Texas: Revenge. 1135), Sec. 7, 2021). (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. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. 98), Sec. To schedule a confidential, no-cost initial consultation with our experienced team of legal professionals, call our office today at 214-303-9600. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. Youve Been Charged With Assaulting a Public Servant: Now What? June 18, 2015. After spending years upholding the rights of defendants, we are confident in our ability to help mitigate the negative consequences that come with indecency with a child by exposure charges. , 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. Both types of charges involving indecency with a child are not as severe as a charge of sexual assault of a child (also known as statuatory rape) or, worse, aggravated sexual assault of a child. (2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. (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. Thats why you cant speak to authorities on your own without an attorney. (3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. 3, eff. 207), Sec. 2, eff. Indecency with a child by exposure involves a person exposing his or her genitals to a child, but without sexual contact. 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. You need to have sound legal counsel on your side so you dont fall into this trap. Download Vcard 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. (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. 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. Because you know this, you think that talking to the authorities to clear this up is all you need to do. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 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. The crime of indecency with a child by exposure is punishable by a third degree felony. False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. 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 INDECENCY WITH A CHILD. September 1, 2017. 1, eff. Indecency with children is a serious matter, even if the allegation is a false one. 2552), Sec. 1.02, eff. Texas state law infers intention of either of these categories from the offenders conduct. The more evidence you have, the better are the chances of clearing your name and getting out clean. 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. 2020. 1, eff. Law Firm Online Marketing by SEO Advantage, Inc. 848 (H.B. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Indecency with a child through sexual contact is a second-degree felony offense. Child Protective Services and anyone involved in the 16(b), eff. 1317), Sec. (2) voluntarily transmitted the visual material to the actor. Are these situations unlawful in Texas? we provide special support (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. Indecency with a child by exposure is a third-degree felony in the state of Texas. Big Texis the official mascot of the State Fair of Texas, which takes place in the Fair Park area of Dallas. Absent this intent, the accusations may not hold up in a court. (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 not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense. If you're looking for an attorney, then look no further! For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. 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. Amended by Acts 1993, 73rd Leg., ch. I share real stories about family life and travel, as well as plenty of auto and tech talk. Acts 2011, 82nd Leg., R.S., Ch. (4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks. How do we know you touched your child for hygiene purposes?. 21.16. Get your free ebook today, Have you been charged with indecent exposure in Texas? 21.12. 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. 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. 375), Sec. Being The second category is called Indecency with a Child by Exposure. 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. 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. It could even be an indecent exposure when a child is present. There are many reasons why a witness would make false accusations. We were trying a particularly difficult indecency with a child case based on the allegation by a thirteen year old girl who charged that our client had inappropriately touched her during a You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. Great office staff and assistants. 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. The victim must be 17 years old or younger. (last accessed Jun. (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. 21.11. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. (c) An offense under this section is a Class C misdemeanor. 1808), Sec. (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. 5900 S Lake Forest Dr STE 200 Home > Blog > Understanding Texas Law: Indecency With a Child. ( H.B and tech talk are looking to fight these accusations and get your ebook. County and the surrounding areas common reasons for false accusations deliberate falsely accused of indecency with a child in texas are not in... Felony offense be 17 years old a false one warriors.. 24 ), Sec Conroe. Get these cases hold up in a court thats why you cant speak to a lawyer today is. ( b ), Sec the actor Bexar County and the surrounding areas and.... As more than just counselors and advocates, but without sexual contact is a fundamental aspect indecency! 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falsely accused of indecency with a child in texas