Texas Crimes Against Family Indecency With Contact Sentencing
What is the Punishment for Indecency with a Child in Texas?
sadness of child
If you've been investigated or arrested for indecency with a child in Texas, you lot likely have many questions. Make no mistake, these are tough charges with tough penalties. It's important that you sympathise the allegations against y'all, the consequences of a conviction, and then cull the best criminal lawyer in Dallas to stand for you lot.
What is Considered "Indecency with a Child" in Texas?
In the Texas Penal Code, Section 21.11. Indecency With A Child describes the crime, which falls under ii categories:
- Exposure, which the law states is exposing "the person'due south anus or any part of the person's genitals, knowing the child is present" or "causes the child to betrayal the child's anus or any part of the child's genitals." These charges hinge on whether there was "intent to arouse or gratify the sexual desire of any person."
- Sexual contact, which is defined as "any touching past a person, including touching through clothing, of the anus, breast, or any part of the genitals of a kid" or "any touching of any part of the body of a child, including touching through clothing, with the anus, chest, or any part of the genitals of a person." Informally and in other jurisdictions these types of charges may be known as "child molestation."
With both exposure and sexual contact, the alleged victim must be under 17, which is the age of consent in Texas.
Additionally, indecency with a child does not include acts of penetration. In many cases, sexual intercourse with a minor would fall nether Department 22.011. Sexual Assault.
Exceptions to the Police
In that location are two exceptions, chosen an "affirmative defence force," where the indecency with a kid laws are not applicable:
- The two parties are married.
- In certain circumstances, the person being accused is non more than three years older. This is frequently called a "Romeo and Juliet clause" or a "close in age exception." Just in Texas, but being shut in age is not enough. The following must also be true:
- The two parties are of the opposite sex.
- The accused did not use force or threat.
- The accused is not required to "to register for life" as a sex offender and "was not a person who under Affiliate 62 had a reportable conviction or arbitrament for an law-breaking under this section."
Keep in mind that not knowing someone'due south age or being misled about someone'south age is non a defense against indecency with a child charges.
Little boy suffering from child abuse curled upwardly on the sofa with his teddy.
Penalties for Indecency with a Child in Texas
Depending on the particulars of the case, indecency with a kid is either considered a second or tertiary degree felony. Co-ordinate to Chapter 12. Punishments:
Sexual contact is a 2d degree felony. The penalties are a prison judgement of anywhere from two to 20 years and fine of up to $10,000.
Exposure is a tertiary degree felony. The penalties are a prison sentence of anywhere from ii to 10 years and fine up to $10,000.
In addition to prison fourth dimension and fines, a conviction may also mean:
- Being on both the Texas Sexual practice Offender Registry and the National Sex activity Offender Registry
- Restrictions on places you tin can become, called "Child Safety Zones"
- Schools
- Daycares
- Playgrounds
- Public pools
- Arcades
- Other "bounds where children commonly gather"
- A loss of employment and restrictions on time to come employment
- The revocation or suspension of professional licenses
- Mandated sex activity offender treatment
- Difficulty finding an flat that will hire to convicted sex offenders
The penalties for indecency with a child hit parents and others with young children in their lives specially difficult. Imagine non being able to drop off or pick up your child from daycare. You lot may not be able to nourish extracurricular activities similar sporting events, dance recitals, or school plays. And not to mention the social stigma that comes with beingness a registered sex activity offender.
When Should I Contact an Attorney?
You should speak with an attorney every bit shortly as y'all are arrested or otherwise contacted by law enforcement. Investigators may effort several tactics to get y'all to speak. They may even come across as helpful or on your side. Don't fall for information technology. Tell them you're not answering whatever questions until you speak with an attorney.
And do non contact your accuser or their parents, no matter what your relationship to them was. You won't be defusing the situation, only hurting your defence. It's like shooting fish in a barrel to record conversations and save emails. Anything you say Will be used against you by the prosecution.
Choosing a Plano Criminal Defence Lawyer
A conviction for indecency with a child volition turn your life and the lives of those you dear upside downwardly. If you're facing these charges, y'all demand an experienced sex crimes attorney to correspond yous. In that location are several questions you should ask a criminal defense force chaser before hiring them:
Have you lot handled cases like mine? Indecency with a child charges can be highly nuanced. Y'all need someone who has handled these charges earlier and knows the tactics used past the prosecution.
How often do you get to trial for sex crime charges? Simply treatment sex law-breaking cases is not plenty. Many attorneys settle out of court, whether or not it'due south in the client'due south best interest to practise. Some may exist intimidated past the prosecution, are following the status quo of settling, or are but plain lazy. Negotiating a plea bargain so yous can get on with your life may be tempting, but it's not e'er the best option. There are times when going to trial and having a jury of your peers hear your example is the best pick and may result in an amortization. And if that'southward true for your case, Attorney Kent Starr isn't afraid to represent you.
As both a highly rated Collin county criminal defense lawyer and a bail bondsman, Attorney Kent Starr is uniquely poised to assistance y'all, correct from the start. You will salve money and time, and have aggressive legal defence. Call his office today at 214-982-1408 for a costless, confidential consultation.
Sources:
Sec. 21.11. Indecency With A Kid
Section 508.187. Child Safety Zone
Chapter 12. Punishments
Related Resources:
Texas Public Sex Offender Website
National Sex Offender Public Website
v Questions to Ask Your Criminal Defense Lawyer
Source: https://criminaldefenseattorneyplano.com/penalty-indecency-with-a-child/
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