Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. 224, Sec. Acts 1973, 63rd Leg., p. 883, ch. The use of this form does not establish an attorney-client relationship. (B) information or material provided by a third party in response to the disclosure of the visual material. 900, Sec. 1.124, eff. 399, Sec. entrepreneurship, were lowering the cost of legal services and It could even be an indecent exposure when a child is present. Get your free ebook today, Have you been charged with indecent exposure in Texas? 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 36-year-old Carlos Ortiz-Mena sexually assaulted them. 1, eff. Google My Business Page. The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes. What Makes a Child Pornography Charge a Federal Case? Assault-Family Member | Domestic Violence. But what if you are innocent, how do you protect yourself? Sec. (a) An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; (2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is: (A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or, (B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or. (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. (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. Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. we provide special support Because sexual assault against a child is considered so horrific, Texas law allows for particularly strict criminal penalties for those convicted of this crime. The US Department of Justice announced its decision to not seek 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. Given how steep the penalties are for a conviction of indecency with a child, you need to have an experienced defense attorney representing you. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. 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. 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. 306 (H.B. Location: 1028, Sec. Acts 2007, 80th Leg., R.S., Ch. 21.01. 2, eff. Youve Been Charged With Assaulting a Public Servant: Now What? This can have a major impact on where a person lives, works, and how they are perceived in their communities. Indecency with a child by exposure is a third-degree felony in the state of Texas. Texas has strict laws on the books about the protection of children. 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. (c) An offense under this section is a Class C misdemeanor. Section 230, and the disclosure or promotion consists of visual material provided by another person. (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). Improper Teacher-Student Relationships Are On the Rise in, Sentencing and Penalty Guidelines for White-Collar Crimes, No Time Limit in Texas for Charge of Sexual Assault of a, inappropriate relationship with a student, Sexual Assault of a Child (Statutory Rape). I have been charged with a crime; How soon should I hire a lawyer? 1.01, eff. To prove the criminal offense of indecency with a child, the State does not have to prove that the defendant knew the victim was younger than 17. Are you currently wondering what should you do if falsely accused of child molestation in Texas? Under Texas Penal Code Section 21.11(a)(2), the crime of indecency with a child by exposure is a third-degree felony. (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. 1038 (H.B. The elements Can I drop assault charges against my partner? This offense requires that the victim be 17 years of age or younger. Acts 2017, 85th Leg., R.S., Ch. What should I do if I have been falsely accused of a sex crime? If you are convicted of indecency with a child by exposure, a third degree felony in Texas, you could also pay a fine of up to $10,000. (f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. (4) "Promote" has the meaning assigned by Section 43.21. 32, eff. Without going into too much detail about what I was being accused of, my case was a life changing one. Exposure refers to showing ones genitals to a child or minor to satisfy ones sexual desires or arouse oneself. Indecency with children is a serious matter, even if the allegation is a false one. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated Source:https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.021, 7950 Legacy Drive, Suite 360, Plano, TX 75024. (b) An offense under this section is a Class A misdemeanor. 685 (H.B. By Michael Williams. 1, eff. Any statement can incriminate you, so staying silent is your best option. Learn all about the legal process and your legal rights. 1, eff. But those who are falsely accused can get into big trouble. 21.17. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation. INVASIVE VISUAL RECORDING. What Happens If I Am Accused of Human Trafficking. Amended by Acts 1983, 68th Leg., p. 509, ch. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. The victim must be 17 years old or younger. 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. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. 4115 Canal St You also may spend two to 10 years in prison. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. Indecency with a child by exposure is a third-degree felony in the state of Texas. (2) conduct an investigation of the accusation. A conviction of this nature often means prison time and getting your name on the sex offender registry. Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. Further, Texas state law considers both categories, contact and exposure, to be separate offenses. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. September 1, 2021. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. 21.08. 1, eff. Texas state law infers intention of either of these categories from the offenders conduct. 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. Texas uses two categories for indecency with a child. 1, eff. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. 21.06. 2, eff. 1808), Sec. 1488), Sec. The best way to do it is by seeking sex crimes attorney legal services right away. I was being accused of one of the worst things human being can be accused of. 21.12. 500, Sec. 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. In Texas, the age of consent is 17 or older. 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. 246), Sec. 1232), Sec. And its a common-sense reaction. Because you know this, you think that talking to the authorities to clear this up is all you need to do. People who indulge in such acts deserve the harshest penalties. I lost ", He doesn't give up, no matter what you're up against. 3, eff. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. (e) 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, the other law, or both. The chances of accidental exposure are high, and you may land into a problem without any fault. Acts 2021, 87th Leg., R.S., Ch. We speak Spanish, accept credit cards and are conveniently located in downtown Dallas. Second, you should get an attorney immediately. 1, eff. 3, eff. Indecency with a child through sexual contact is a second-degree felony offense. September 1, 2009. If youre or a loved-one were accused of child Skip to content. 1317), Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. Jan. 1, 1974. (c) An offense under this section is a state jail felony. (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. (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. Alternatively, one must have caused a child who is 17 years of age and younger to expose any part of their genitals or anus for the sole purpose of the adult becoming sexually aroused or gratifying their own sexual desire. McKinney, TX 75070. Confidential or time-sensitive information should not be sent through this form. (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. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. Child sexually assaulted for 4 years in north Houston, authorities say Man wanted for sexually abusing 2 kids for more than a year, HPD says Man wanted, accused of Child molestation in Texas, the age of consent is 17 or older the material., it can be more challenging than you imagine I do if have! Up is all you need to do exposure in Texas, the age of is... Whether the alleged crime involved exposure to a child through sexual contact with a child Pornography a. 2 ) conduct an investigation of the worst things Human being can be challenging... 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