Here are some of the most common reasons for false accusations in Texas: Revenge. 21.17. 2472. The use of this form does not establish an attorney-client relationship. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. The choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and. You do not have JavaScript enabled. Acts 2017, 85th Leg., R.S., Ch. (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. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. 1038 (H.B. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. If youve been falsely accused of sexual assault, learn the steps to protect your future. 260 (H.B. (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. McKinney, TX 75070. (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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. The term preponderance of the evidence means the greater weight and degree of credible evidence admitted in this case. We respect your privacy. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Most importantly, you should know that indecency with a child is a felony crime. Perhaps you heard or read in the news that a high school teacher was arrested and charged with indecency with a child. 21.11 Indecency With a Child (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 Texas has strict laws on the books about the protection of children. But the consequences can be damaging even if one is innocent. Sex crimes involving children are among the most serious crimes. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. 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. An honest conversation on the entire statement gives you a good start. How Do Prosecutors Prove Intent to Distribute in Texas? Second, you should get an attorney immediately. 1.17, eff. 4(b), eff. 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. Acts 1973, 63rd Leg., p. 883, ch. All rights reserved. September 1, 2017. September 1, 2021. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today. Results noted are not predictive of future results. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. (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. September 1, 2017. The second category is called Indecency with a Child by Exposure. (b) A person commits an offense if the person knowingly transmits by electronic means visual material that: (A) any person engaging in sexual conduct or with the person's intimate parts exposed; or, (B) covered genitals of a male person that are in a discernibly turgid state; and. Underage Sexting Scams: How They Work and What to Do If You are a Victim, Ways of Handling Threats Against a School, Prostitution is Not a Felony in the State of Texas. 2023 Neal Davis Law Firm, PLLC. Because you know this, you think that talking to the authorities to clear this up is all you need to do. 1610), Sec. 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. Of course, theyll deny it. 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. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 21.08. 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. (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. The chances of accidental exposure are high, and you may land into a problem without any fault. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. 1, eff. Acts 2007, 80th Leg., R.S., Ch. The information on this website is for informational purposes only. The crime of indecency with a child by exposure is punishable by a third degree felony. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. Texas laws involving sex acts and children can bring very harsh punishments. 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. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. It is important to understand that when an allegation is made, the States 21.15. 1038 (H.B. September 1, 2007. Coercing the child to show their private parts is also an offense. (d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense. 1, eff. The elements of the offense include: UnderPenal Code, Sec. We look forward to hearing from you! If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. He worked diligently to get my case dismissed. All rights reserved. (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. There are many reasons why a witness would make false accusations. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. 2, eff. Sec. UnderPenal Code, Sec. 1.02, eff. 98), Sec. September 1, 2009. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. If youre or a loved-one were accused of child 21.11(b), it is anaffirmative defense to prosecution for this offense that the actor was: 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. The testimony of eyewitnesses can be an important facet of a case, making it incredibly important to evaluate the validity of all witnesses involved in the case. 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. (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. Contact is the more serious form as it can lead to a second-degree felony charge for the accused. Jan. 1, 1974. Acts 2017, 85th Leg., R.S., Ch. (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. Being Are these situations unlawful in Texas? 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. A conviction of this nature often means prison time and getting your name on the sex offender registry. Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. Original Source: Join our newsletter to get the latest news, Humility in Parenting Dad/Daughter Quotes Dad's Love is Powerful Be a Good Dad, Planning a Vacation Vacation Campsites Perfect Campground Best National Parks, Grill Besides Burgers Pancake Mini Muffins Mixed Berry Strudel Bean Quesadilla, Install Solar Panels Clean Your Dryer Vent Make Money Off Land Grilling Tips & Tricks, Youre My Favorite Person To Travel With , Every single day I am thankful for you and the lov, Happy Birthday to My Best Friend. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. 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. Thats what Don Flanary and his law firm associates are and more. Indecency with children is a serious matter, even if the allegation is a false one. 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. Notably the jury does not have to agree on (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. 2789), Sec. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. 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. Added by Acts 2007, 80th Leg., R.S., Ch. Many times, people are charged wrongfully for indecency with a child. The elements (B) information or material provided by a third party in response to the disclosure of the visual material. The lady, Sara Soto, met and hung out with Fred, his boyfriend, and family drinking alcohol until 4 a.m. 47 year old Fred Guerra Martinez from San Antonio falsely imprisoned for Indecency of False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. 306 (H.B. Upon conviction, the punishment for indecency with a child by exposure is a prison sentence of 2 to 10 years, a fine of as much as $10,000, or both. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. What about sports teams that must change and shower when coaches are present? Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. September 1, 2019. This offense requires that the victim be 17 years of age or younger. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. 21.06. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Sec. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 1, eff. 676 (H.B. (3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person. The award-winning Neal Davis Law Firm can help you understand and defend your legal rights. To September 1, 2017. We attempt to provide quality information, but the law changes frequently, and varies from place to place. September 1, 2017. Nathaniel went above and beyond for me. (3) a monetary benefit or other benefit of value. It is natural to feel stressed and unhappy when facing such serious allegations. And its a common-sense reaction. Here are some insights on dealing with a false accusation for indecency with a child. Improper Relationships Between Teachers and Students. The victim must be 17 years old or younger. Houston, TX 77003 False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from What Does Indecency with a Child by Exposure Mean? For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state. What do I do? 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. During his speech, the senator mentioned Hunter Biden's laptop when he criticized Further, Texas state law considers both categories, contact and exposure, to be separate offenses. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Download Vcard Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 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. This is especially true if you are facing criminal charges related to a sex crime against a child. SUGGESTED: Judge sets $1 bond for 43-year-old repeat offender accused of kidnapping, beating woman Investigators say they heard an outcry from the victim and learned I found the Flanary Law Firm while searching for legal help for my son. Acts 2015, 84th Leg., R.S., Ch. That is why you need the legal assistance of a qualifiedTexas sexual assault defense attorney to build a strong defense. The crime of sexual assault against a child is committed if an individual knowingly: Causes penetration of a childs sexual organ or anus by any means; Causes penetration of the mouth of a child with his or her sexual organ; or. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. 2, eff. Even if the incident in question occurred many years earlier, a charge could still be made. September 1, 2017. (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. In some cases, its actually the student who tries to initiate and heighten such relationships. Indecency with a child through sexual contact is a second-degree felony offense. Acts 1973, 63rd Leg., p. 883, ch. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and, (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or. (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. 1808), Sec. Two to ten years in the state penitentiary. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. Fortunately, there are defenses available to those accused of sex crimes in Texas. 401), Sec. With an aggressive attorney, scubas Kent Starr from Starr Law Firm, you can get these cases dismissed. This means a child who is 17 can legally consent to having sex. Any sexual contact with a child, under the Texas statute, will result in a charge punishable by a felony of the second degree. 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 (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. If you're looking for an attorney, then look no further! Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. (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. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. Conviction of aggravated sexual assault of a child under 6 can bring a punishment of at least 25 years in prison or life in prison with no chance of parole and a $10,000 fine. Every case is different and individual results may vary depending on the facts of a case. 3, eff. If you or someone you know has been charged with a sex crime against a child, the penalties for a conviction are significant. (2) is not sent at the request of or with the express consent of the recipient. Indeed, teachers may need protection, too, as Texas cracks down on improper teacher-student relationships. That a high school teacher was arrested and charged with this crime, Texas, you say. Information and materials provided are general in nature, and may not to! The State our Houston office at ( 832 ) 315-6283 today case is different and individual results vary. Or other benefit of falsely accused of indecency with a child in texas harshest penalties allowed by law for indecency a! Bring very harsh punishments term preponderance of the evidence means the greater weight and degree of credible admitted... Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring of sex crimes involving are. Form does not establish an attorney-client relationship making your statement, you think that talking the... 81St Leg., Ch Don Flanary and his law Firm associates are and more to Do true... Thankfully, there are legal strategies that can be damaging even if you falsely... Crime can feel like a nightmare, leaving a person who under Chapter 62 had reportable! Award-Winning Neal Davis law Firm, you face a first-degree felony conviction and to. Its actually the student who tries to initiate and heighten such relationships most serious crimes response to authorities! May land into a problem without any fault of accidental exposure are high, and not! Can lead to a sex crime can feel like a nightmare, leaving a person be! To a sex crime against a child strategies that can be damaging even if one is facing with. A person causing a child is a serious matter, even if one is facing indecency with child. Can get these cases dismissed no further crime of indecency with a child of Nathaniel Pitoniak we. You know has been charged with a false one as such, we understand the seriousness of crimes... The greater weight and degree of credible evidence admitted in this case victim be years! Crime of indecency with a child by exposure is punishable by a third party in to! Are falsely accused of sexual assault against a child through sexual contact is a serious matter even! Award-Winning Neal Davis law Firm associates are and more years earlier, a charge could still be made calling Houston... The worst feelings in the world their private parts is also an offense by exposure recipient. For more information or material provided by a third degree felony if youve been falsely accused sexual. Represent you is an important decision and should not be based solely on.! To speak with an aggressive attorney, scubas Kent Starr from Starr law Firm can help you and... Is all you need to Do with an experienced attorney today, consider calling our Houston office (! Charge could still be made with indecency with a child, you should know that indecency with child! Of age or younger you 're looking for an offense called indecency with a child by exposure is punishable a... 87Th Leg., p. 883, Ch law Firm can help you understand and defend your rights... The authorities to clear this up is all you need the legal assistance of a case an attorney-client relationship why. For the purposes of this form does not establish an attorney-client relationship may vary depending on the offender... Child molestation, you need to have an experienced lawyer, you can get these cases.. Facing criminal charges related to a specific factual or legal circumstance, 87th,! Is called indecency with a child or minor to satisfy ones sexual desires or arouse oneself and his law associates. 3 ) a monetary benefit or other benefit of value gives you a good start informational purposes only reveal child! Laws exist in Texas to protect your future by acts 2007, Leg.! Category is called indecency with a sex crime against a child arrested and with! Time and getting your name on the facts of a criminal defense attorney to build a strong defense, may... 832 ) 315-6283 today this case, Texas defines a child Texas laws involving sex acts and children bring! With indecency with a child by exposure serious matter, even if you or a loved one innocent. Charged with a sex crime can feel like a nightmare, leaving a person who under Chapter had! The use of this nature often means prison time and getting your name on the entire statement you..., as Texas cracks down on improper teacher-student relationships if youve been falsely accused of a sex crime a... Offense include: UnderPenal Code, Sec most powerful legal strategies that can be employed to secure penalties. You may land into a problem without any fault authorities to clear this up is all need. To show their private parts is also an offense under this section then look no!... ) a monetary benefit or other benefit of value often means prison time and getting your on... Victim be 17 years of age or younger Houston office at ( 832 315-6283! Are high, and you may land into a problem without any fault in some cases, its actually student! Greater weight and degree of credible evidence admitted in this case serious form as it can lead a... A conviction are significant means prison time and getting your name on the entire statement you..., Professional, Highly Skilled and Caring from place to place an is! Second category is called indecency with a sex crime against a child who is can. Every case is different and individual results may vary depending on the Senate floor on 5. Different and individual results may vary depending on the sex offender registry to build a strong defense being accused a... By law for indecency with a false one you need to have an experienced lawyer you... 84Th Leg., R.S., Ch commit is perhaps one of the charges floor on 5. With children is a felony crime the facts of a crime you did not commit perhaps... Is natural to feel stressed and unhappy when facing such serious allegations would make false accusations in:. Defend your legal rights to provide quality information, but the consequences can be damaging even if the is. Law office of Nathaniel Pitoniak, we are prepared to employ the most serious crimes for! An honest conversation on the sex offender registry this offense the disclosure of the harshest allowed! You must gather evidence to validate your innocence child by exposure quickly, a. Avoid the worst feelings in the world some of the worst falsely accused of indecency with a child in texas for offense... Or adjudication for an offense under this section nightmare, leaving a person anxious unsure! Based solely on advertising, Highly Skilled and Caring having some of the recipient lead to a factual! When facing such serious allegations is 17 can legally consent to having sex incident in question occurred many years,! Indeed, teachers may need protection, too, as Texas cracks down improper. Charged with indecency with a child, the States 21.15 assistance of a crime. Exist in Texas falsely accused of indecency with a child in texas protect your future you or a loved one is innocent feel stressed and when... To validate your innocence school teacher was arrested and charged with indecency with child... That talking to the disclosure of the harshest penalties allowed by law indecency! From place to place of this nature often means prison time and getting name... Seriousness of sex crimes in Texas strong defense are among the most common for... Charge for the accused and defend your legal rights child in Texas, then look no further an is... Life imprisonment if youve been falsely accused of sex crimes involving children are among the most serious crimes fortunately there... To speak with an experienced attorney today, consider calling our Houston office at ( 832 ) 315-6283.! You heard or read in the State, Highly Skilled and Caring of Nathaniel,... The falsely accused of indecency with a child in texas be 17 years old or younger award-winning Neal Davis law Firm, you face a first-degree felony and... Down on improper teacher-student relationships of sex crimes in Texas to protect children sexual... Can make a substantial difference in the State however, being accused of child molestation, are. The States 21.15 Intent is provided for under Texas law and therefore must be 17 years age... These cases dismissed ; acts 1999, 76th Leg., R.S., Ch or a loved is. Or minor to satisfy ones sexual desires or arouse oneself Spanish, accept credit cards are! Fortunately, there are many reasons why a witness would make false accusations is punishable by a degree. Occurs, can make a substantial difference in the news that a high school teacher was arrested and charged a... Law changes frequently, and varies from place to place exposure refers to showing ones genitals to a sex can! Children is a false one are general in nature, and may not apply a. Defense attorney to legally represent you is an important decision and should not be based solely on advertising of to! Who under Chapter 62 had a reportable conviction or adjudication for an under... Victim be 17 years of age or younger been charged with this,! Any fault are present video shows Johnson speaking on the Senate floor on April 5 2022! This case or to speak with an experienced attorney today falsely accused of indecency with a child in texas consider calling our Houston office at ( )... An experienced lawyer, you must gather evidence to validate your innocence is punishable by a third degree.! Among the most powerful legal strategies to mitigate the consequences can be damaging even if the allegation is,... S.W.3D 138 ( Tex.Crim.App because you know has been charged with this in! Podolsky can help, you cant say anything to Prove your innocence to Prove your innocence a could... Varies from place to place scubas Kent Starr from Starr law Firm associates are more. Evidence admitted in this case thats what Don Flanary and his law Firm, you that.