The video shows Johnson speaking on the Senate floor on April 5, 2022, not Jan. 6, 2023. In this chapter: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. (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. Sec. Being For more information or to s. Get in touch and we'll get back to you as soon as we can. 399, Sec. 260 (H.B. Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas. Acts 2017, 85th Leg., R.S., Ch. Sec. Falsely Accused of Indecency with a Child in Texas Every allegation of sexual assault is unique. Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. Namely, the offender must: If you meet these criteria and stand accused of committing indecency with a child, you could be prosecuted in court and face a myriad of harsh penalties that are allowable under Texas state law. 1415, Sec. These charges can threaten ones employment, housing, and reputation. (d) 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 or the other law. (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. At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. 852 (S.B. (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. 21.02. 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. (g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or. (B) the penetration of the genitals or the anus of another person with an object. Sec. 1038 (H.B. September 1, 2017. Which Behaviors Are Considered Child Abuse Under Texas Law? Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. 858 (H.B. Sexual assault of a child is a second-degree felony punishable by up to 20 years in prison and a fine of up to $10,000. (4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through: (A) any accompanying or subsequent information or material related to the visual material; or. Even better, get some witnesses to vouch for your good conduct or relationship with the child. (3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. What should I do if my spouse calls the police on me? There is the also the offense of continuous sexual abuse of a child.. 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. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case. 21.12. Texas Parents Arrested After Kidnapping Their Six Children, Update: Conroe Teacher Charged With Inappropriate Relationship With Student. 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. Sec. Child Protective Services and anyone involved in the The other primary exemption prevents the offender from being charged if he or she is no more than three years older than the victim. 24.001(35), eff. If you are convicted of aggravated sexual assault against a child, you face a first-degree felony conviction and up to life imprisonment. 1135), Sec. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 324 (S.B. If the victim was under six years old at the time of the crime, or the victim was under age 14 and serious bodily harm was caused or there was an attempt to cause death, the minimum prison sentence is 25 years. (g) An offense under this section is a state jail felony. DEFINITIONS. 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. 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 Acts 2021, 87th Leg., R.S., Ch. Many people assume that there is no way to effectively handle these accusations to improve their outcome. The US Department of Justice announced its decision to not seek we provide special support The information on this website is for general information purposes only. 2023 Neal Davis Law Firm, PLLC. This is a serious crime that the state of Texas does not take lightly. The latter means the alleged victim was under 14 years old, and that crime is a first-degree felony. Because you know this, you think that talking to the authorities to clear this up is all you need to do. June 18, 2015. They are a threat to morality and society as a whole because young children cannot protect themselves. (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). refd). It often happens in public restrooms where people share space with young children. (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. 21.09. Having people who trust you and support you enables you to cope better. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless. For the purposes of this crime, texas defines a child as a person causing a child to reveal the child's genitalia. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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 900, Sec. 2552), Sec. Law Firm Online Marketing by SEO Advantage, Inc. (3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. 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 choice of a criminal defense attorney to legally represent you is an important decision and should not be based solely on advertising. falsely accused of indecency with a child in texas Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. (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). (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. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 1038 (H.B. The elements of the offense include: UnderPenal Code, Sec. Child Protective Services and anyone involved in the legal system will not believe your story. 1028, Sec. 1317), Sec. Acts 2017, 85th Leg., R.S., Ch. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. (a) A person commits an offense if the person knowingly: (1) engages in an act involving contact between: (A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or. 900, Sec. You are truly s, "My perfect weekend is going for a walk with my fa, Over the past few years Ive got into wood worki, These are some of my favorite features of the @Toy, Protect Yourself This Holiday Season with a Fellowes Shredder, Brighten Up Your Man Cave with Philips Bright Ideas, I Hate the Challanges of Protecting my Family From Internet Hackers Bitdefender, How to Support a Car Accident Victim in Your Family, Personal Injury Claims: Important Steps You Should Take. Any statement can incriminate you, so staying silent is your best option. 1, eff. 7, 2021). The crime of indecency with a child by exposure is punishable September 1, 2007. Fortunately, the United States Constitution protects criminal defendants rights to due process and to be presumed innocent until proven guilty. 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? Sept. 1, 1994; Acts 1999, 76th Leg., ch. Section 230, and the disclosure or promotion consists of visual material provided by another person. Many times, people are charged wrongfully for indecency with a child. 1, eff. Many times, those accusers have a vendetta, or are simply looking for attention. I highly recommend him. 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. With the help of an experienced lawyer, you may be able to avoid the worst punishments for this offense. 458, Sec. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Location: 4115 Canal St, Houston, TX 77003. 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