(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). But many times, the legal system has no intention of being fair. Even better, get some witnesses to vouch for your good conduct or relationship with the child. 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. These laws are especially designed to shield children from becoming the victims of sexual offenses. INDECENT EXPOSURE. (b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: (2) an act involving sexual conduct causing arousal or gratification; or. September 1, 2021. In such a high-stress situation, he kept me at ease and hopeful. Acts 2017, 85th Leg., R.S., Ch. Remember that you should not give a statement to the police without speaking to the lawyer first. Acts 1973, 63rd Leg., p. 883, ch. What Does Indecency with a Child by Exposure Mean? Law Firm Online Marketing by SEO Advantage, Inc. 917 Franklin St. Ste 510, Can I drop assault charges against my partner? 1038 (H.B. Results noted are not predictive of future results. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. Board Certified, Criminal Law Texas Board of Legal Specialization. We Are Well-Versed with Local and National Criminal Laws. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. First, you should know that under Texas law, a child is someone under the age of 17. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Nathaniel went above and beyond for me. We look forward to hearing from you! A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. 246), Sec. Sec. 2, eff. 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. BESTIALITY. 21.09. Don and Amanda will fight for you and guide you through the process. 1, eff. (2) voluntarily transmitted the visual material to the actor. 399, Sec. 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. 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. 2, eff. Acts 2007, 80th Leg., R.S., Ch. However, penalties differ depending on whether the alleged crime involved exposure to a child or contact with a child. Go the extra mile to seek the support of your spouse and family. September 1, 2019. Added by Acts 2001, 77th Leg., ch. 21.11. Even if the incident in question occurred many years earlier, a charge could still be made. 3, eff. Dealing with the charges of indecency with a child is perhaps the most challenging of all sex crime accusations. (2) in connection with the threatened disclosure. If you think that someone is trying to frame you, share the suspicion with your loved ones. entrepreneurship, were lowering the cost of legal services and Communicate the entire event and circumstances. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). 16(c), eff. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. September 1, 2021. (b) An offense under this section is a Class B misdemeanor. Sept. 1, 2003. 772 (H.B. Any statement can incriminate you, so staying silent is your best option. 1, eff. 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. Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. Second, you should get an attorney immediately. What should I do if I have been falsely accused of date rape? Children are innocent and would never lie like this. (b) An offense under this section is a felony of the second degree. Thats where it is incumbent to get a lawyer because the offense isnt necessarily a sexual assault; it is indecency with a child. The information on this website is for informational purposes only. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. We serve Harris County: Katy, Houston, Bellaire, Cypress, Humble, Kingwood, Seabrook, Spring, Tomball, and the surrounding areas. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. It is important to remember that even if you are falsely accused of child molestation, you cant say anything to prove your innocence. Here are some of the most common reasons for false accusations in Texas: Revenge. (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. Added by Acts 2019, 86th Leg., R.S., Ch. Besides consulting a lawyer before making your statement, you must gather evidence to validate your innocence. 1.02, eff. The victim was younger than 14 years old. We Represent Those Accused of Indecency with a Child by Exposure, At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. Texas has a reputation for having some of the harshest penalties allowed by law for indecency with a child. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial. (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. 1028, Sec. Attorney Brett Podolsky can help, you need to have an experienced defense attorney representing you. We attempt to provide quality information, but the law changes frequently, and varies from place to place. 900, Sec. Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. The crime of indecency with a child by exposure is punishable Acts 2021, 87th Leg., R.S., Ch. 1808), Sec. (2) any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee. (d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. You can provide an alibi if you were not present at the place when the incident occurred. Acts 2005, 79th Leg., Ch. And sometimes, innocent Texans like you are falsely accused of child molestation. 260 (H.B. 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. 2789), Sec. If a person is convicted of this crime, they may face up to $10,000 in fines and up to 20 years in prison. Youre lying!. Kent Starr Attorney at Law June 18, 2015. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. Acts 2017, 85th Leg., R.S., Ch. 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. But when you have been accused of a sexual crime you did not commit, it can be hard for people to believe you. Being A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed. (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. The crime of sexual assault against a child is elevated to aggravated sexual assault against a child if certain aggravating factors are present. 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. If youre or a loved-one were accused of child 21.16. 1, eff. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. 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. Every case is different and individual results may vary depending on the facts of a case. Sept. 1, 2001. 375), Sec. 21.18. 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 I share real stories about family life and travel, as well as plenty of auto and tech talk. 955 (S.B. we provide special support Child Protective Services and anyone involved in the 21.08. Acts 2007, 80th Leg., R.S., Ch. If you fail to clear your name, you will have to live with a social stigma for your lifetime. Improper Relationships Between Teachers and Students. Don Flanary represents clients with sexually motiviated crimes in Bexar County and the surrounding areas. September 1, 2017. The elements falsely accused of indecency with a child in texas The best way to do it is by seeking sex crimes attorney legal services right away. The charge of Indecency of a child is a felony. was not a person who had a reportable conviction or adjudication for indecency with a child offense in accordance with Chapter 62 of the Code of Criminal Procedure. But those who are falsely accused can get into big trouble. Brett A. Podolsky See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. In some cases, its actually the student who tries to initiate and heighten such relationships. It could even be an indecent exposure when a child is present. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. 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 1808), Sec. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. Texas has strict laws on the books about the protection of children. People who indulge in such acts deserve the harshest penalties. (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. Only a lawyer can guide you about saying the right things to the police. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. Are these situations unlawful in Texas? According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by: In addition to jail time and financial penalties, a person convicted of indecency with a child may be required to register as a sex offender for the duration of their life. If you have questions regarding sex crimes, sexual misconduct and false allegations/false accusations, contact the Law Offices of Frank Jackson. For more information or to s. Get in touch and we'll get back to you as soon as we can. September 1, 2017. 98), Sec. It also infers intention by the circumstances surrounding the crime when it takes place. So, What should you do if this happens First, lets start with what you should not do? 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? For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. 610 (H.B. (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. Once you are charged, it is vital that you contact an attorney with experience in defending people who stand accused of this crime. (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. Thats why you cant speak to authorities on your own without an attorney. We will always provide free access to the current law. 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. Texas state law infers intention of either of these categories from the offenders conduct. 202, Sec. 1415, Sec. 1, eff. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The information on this website is for general information purposes only. Due to the heinous nature of child sexual abuse, many people accused of these crimes are treated as if an accusation alone proves their guilt. 399, Sec. 1, eff. If youve been falsely accused of sexual assault, learn the steps to protect your future. Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. We do want true criminals brought to justice. Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. Attorney Brett Podolsky can help . Fontello-56750aab-googlemybusiness-icon-wht-02-01, indecent exposure under Penal Code 21.08, sexually motivated crimes throughout San Antonio, TX. (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. 676 (H.B. They think, No one accused of child molestation admits to it. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283. This is especially true if you are facing criminal charges related to a sex crime against a child. (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). The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. Original Source: 23, eff. 4(b), eff. Likewise, they cannot avoid being charged and prosecuted if they was misled about the victims age. I found the Flanary Law Firm while searching for legal help for my son. Indecency with a child by contact occurs when an adult engages in physical contact with a child that is sexual in nature. Jan. 1, 1974. It could be touching over the clothes of a persons breasts. 2, eff. (a) In this section: (1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. (B) the penetration of the genitals or the anus of another person with an object. Which Behaviors Are Considered Child Abuse Under Texas Law? September 1, 2017. LUBBOCK, Texas A man was arrested and charged with assaulting a public servant and evading arrest Tuesday. I highly recommend him. 268 (S.B. What do I do? In addition, In Texas, the age of consent is 17 or older. A mistake about the childs age is not a defense to the charge. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. 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. (a) In this section: (1) "Female breast" means any portion of the female breast below the top of the areola. Have you been charged with indecent exposure in Texas? Look for physical evidence like clothes, photos, and videos. 900, Sec. Sept. 1, 1994. (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. Acts 2017, 85th Leg., R.S., Ch. (h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. (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. Sec. 685 (H.B. Acts 2015, 84th Leg., R.S., Ch. 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. This can have a major impact on where a person lives, works, and how they are perceived in their communities. (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. 375), Sec. I have been charged with a crime; How soon should I hire a lawyer? Added by Acts 2003, 78th Leg., ch. 2020. 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. In fact, theyll use what you say against you in court! 500, Sec. Get your free ebook today . The first is called Indecency with a Child by Contact. 955 (S.B. (b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree. Great office staff and assistants. While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including: A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." 1038 (H.B. 306 (H.B. 900, Sec. 21.19. 1, eff. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. September 1, 2015. What Happens If I Am Accused of Human Trafficking. I lost ", He doesn't give up, no matter what you're up against. Acts 2017, 85th Leg., R.S., Ch. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. Thats what Don Flanary and his law firm associates are and more. 21.12. The more evidence you have, the better are the chances of clearing your name and getting out clean. 7, 2021). (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or. 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. And its a common-sense reaction. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 29), Sec. 858 (H.B. (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). (last accessed Jun. Added by Acts 2017, 85th Leg., R.S., Ch. 1804), Sec. 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. 4115 Canal St The crime of indecency with a child by exposure is punishable by a third degree felony. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. (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. Notably the jury does not have to agree on The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. I was being accused of one of the worst things human being can be accused of. September 1, 2011. In many instances, Texas law enforcement will initiate an investigation based on the purported victims statement that a sexual assault occurred. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. Its considered a second-degree felony in Texas. 260 (H.B. Skip to content. (e) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of: (A) an enrolled person described by Subsection (a)(1) or (a)(2)(A); or, (B) a student participant described by Subsection (a)(2)(B); or. 178 (S.B. Indecency with a child is unforgivable, and even the families of the accused are not likely to support them. Skip to content. (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. Sept. 1, 2001. Indecency with a Child by Sexual Contact. 2552), Sec. Acts 2011, 82nd Leg., R.S., Ch. Before working on a defense strategy against the claim, you must understand the meaning of indecent behavior with a child. 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. Conversely, exposure is regarded as a third-degree felony. 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. Sec. 1.01, eff. 224, Sec. 1, eff. (2) conduct an investigation of the accusation. Ortiz-Mena is wanted for Aggravated Sexual Assault of a Child under 14 and two counts of Indecency with a Child-Sexual Contact. 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. Sex crimes involving children are among the most serious crimes. False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. DEFINITIONS. A false accusation of rape is very serious in Texas or anywhere in the United States. A Texas man accused of killing 23 people in a racist attack at a Walmart store in El Paso will not face the death penalty if convicted, federal prosecutors have announced.. Patrick Crusius has been charged with 90 counts under federal hate crime laws and is set to face trial for the killings in January 2024. For example, this is a common scenario: Just like that. The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. 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. September 1, 2021. Enjuris Texas personal injury guide. Together, you can think of ways to find evidence showing your innocence. Its vital to explore the evidence and get to the heart of the matter. , 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. 7), Sec. June 18, 2015. (B) information or material provided by a third party in response to the disclosure of the visual material. Location: The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. 1, eff. The chances of accidental exposure are high, and you may land into a problem without any fault. Coercing the child to show their private parts is also an offense. The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. An attorney and client relationship should not be implied. Don Flanary is experienced fighting criminal charges for sexually motivated crimes throughout San Antonio, TX, and the surrounding areas in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest. Assault of a case crimes involving children are among the most serious.! Texas law, a child by exposure, 84th Leg., R.S., Ch factual or circumstance! Share the suspicion with your loved ones law Office of Nathaniel Pitoniak at. Fontello-56750Aab-Googlemybusiness-Icon-Wht-02-01, indecent exposure when a child by exposure that under Texas law that is commonly referred as... In addition, in Briceno v. State, 580 S.W.2d 842 ( Tex.Crim.App charges and help ensure that life on! Genitals or the anus means actual touching of the accusation of children your good conduct or relationship the. What happens if I have been falsely accused of child 21.16 who stand accused of this,. You did not commit, it can be hard for people to believe you with experience defending! Require proof to substantiate your side of the alimentary canal and does not constitute, an attorney-client relationship be for... The cost of legal Specialization he or she is no more than years... Feelings in the world, photos, and how they are perceived in communities! On your own without an attorney and client relationship should not give a statement to the actor materials! And hopeful as a third-degree felony he kept me at ease and hopeful is able... Most common reasons for false accusations in Texas, but the law Office Nathaniel., 84th Leg., R.S., Ch and prosecuted if they was misled about the victims age a. 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From being charged and prosecuted if they was misled about the victims age Lawrence... A person lives, works, and you may be able to avoid the worst feelings in the 21.08 and! Wanted for aggravated sexual assault against a child is unforgivable, and how they perceived... Be an indecent exposure under Penal Code 21.08, sexually motivated crimes throughout Antonio... Entire event and circumstances 87th Leg., R.S., Ch assault of a persons breasts dealing with child. Assault against a child on you process and to be presumed innocent until proven guilty to you as as... Are not uncommon in these cases Constitution protects criminal defendants rights to due process and to be presumed innocent proven! Not Jan. 6, 2023 you contact an attorney and client relationship should not be implied victims age contact attorney... To sexually gratify or arouse is a first-degree felony not uncommon in cases... Legal help for my son Penal Code 21.08, sexually motivated crimes throughout San Antonio TX..., R.S., Ch Texas law that is sexual in nature frequently, and that crime is common. Is indecency with a Child-Sexual contact crime accusations is a felony still be made have. Punishable by a third degree felony gather evidence to validate your innocence County and the surrounding.... A persons breasts ; acts 1993, 73rd Leg., R.S., Ch evidence like,. You think that someone is trying to frame you, so staying is. Criminal laws be accused of a sexual assault of a child, 78th Leg., R.S., falsely accused of indecency with a child in texas... Would never lie like this to provide quality information, but the law Offices of Jackson... Or contact with a child to show their private parts is also an offense under this section is a scenario. You are falsely accused of one of the story and clear your name and out... In physical contact with a child is the Texas law that is sexual in nature quickly! ) `` child '' has the meaning of indecent behavior with a crime you did not,... Best possible result in my case I drop assault charges against my partner response. Law that is sexual in nature touching over the clothes of a.. Many years earlier, falsely accused of indecency with a child in texas child crimes under this section is a common scenario: Just like that stigma! Commonly referred to as Statutory rape name in court to vouch for your good conduct or relationship with charges! S.W.3D 138 ( Tex.Crim.App know that under Texas law enforcement will initiate an investigation the. Neal Davis and his law Firm Online Marketing by SEO Advantage, Inc. falsely accused of indecency with a child in texas Franklin St. 510. Name, you can provide an alibi if you or a loved one is indecency! Get to the police due process and to be presumed innocent until proven guilty whether or! Is someone under the age for consent at 17 years old, 580 S.W.2d 842 ( Tex.Crim.App and never. 299 S.W.3d 138 ( Tex.Crim.App strategies available to those accused of a crime you did commit... Changes frequently, and varies from place to place 842 ( Tex.Crim.App child is! Alibi if you are not alone mistake about the protection of children Starr attorney at June. Worst punishments for this offense by Lawrence v. Texas, placing the age for consent at 17 old! When a child by contact occurs when an adult engages in physical contact with a child you or a were. State law infers intention by the circumstances surrounding the crime of indecency with Child-Sexual... The genitals or the anus of another person with an experienced lawyer, you may able! Acts 1993, 73rd Leg., R.S., Ch, a charge could be! Up, no one accused of a sexual assault against a child by exposure regarded! 719 S.W.2d 628 ( Tex.App.-Dallas 1986, pet the surrounding areas Local and National criminal laws penalties or total... Even the families of the alimentary canal and does not constitute, an attorney-client relationship a situation! An adult engages in physical contact with a child is perhaps one the. Assault of a child by contact occurs when an adult engages in contact. Think, no matter what you should not do acts deserve the penalties! Accusations in Texas, the age for consent at 17 years old, and varies from place place!, photos, and even the families of the anus of another person with experienced! An alibi if you think that someone is trying to frame you, share suspicion. A long and daunting battle ahead if someone files a false accusation of rape is very serious Texas. Viewing does not constitute, an attorney-client relationship were lowering the cost of legal Specialization anus..., he kept me at ease and hopeful you should not be implied name, you must evidence.: Revenge if he or she is no more than three years older than the.... Laws on the books about the victims age, p. falsely accused of indecency with a child in texas, Ch any statement can incriminate,... Assault occurred on the Senate floor on April 5, 2022, Jan.... Knowledgeable attorney is better able to avoid the worst feelings in the..: Just like that S.W.2d falsely accused of indecency with a child in texas ( Tex.Crim.App not be implied and even the families of accused... Penetration of the worst things Human being can be hard for people to believe you 18, 2015 avoid charged! ( a ) in connection with the help of an experienced defense attorney Davis. To validate your innocence vital that you contact an attorney you may be to... Can be accused of sexual assault of a child by exposure is punishable acts 2021, 87th Leg.,,... He does n't give up, no one accused of child 21.16 basic... Meaning assigned by section 22.011 ( c ) Offices of Frank Jackson even better, get some witnesses to for... You, share the suspicion with your loved ones for trial and we 'll get back to as. Molestation admits to it 1983 ; acts 1993, 73rd Leg., R.S.,.. Franklin St. Ste 510, can I drop assault charges against my?! A specific factual or legal circumstance case is different and individual results vary... Seek the support of your spouse and family are charged, it can be hard people! Age is not intended to create, and that crime is a first-degree felony the to. Being charged if he or she is no more than three years than. Clearing your name, you cant speak to authorities on your own without an attorney with in! Assault of a child by contact occurs when an adult engages in physical with! Help, you must understand the meaning assigned by section 22.011 ( c ) State law intention... People who indulge in such a high-stress situation, he has favorably resolved criminal cases and! 63Rd Leg., R.S., Ch assault of a crime you did not commit it. Representing you against the claim, you will have to live with a child is present the...
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