Indecency With a Child by Exposure in Houston, Texas
Here’s the story: You find yourself walking by a school playground on your way to the store, just a routine day in Houston, Texas. Suddenly, a group of kids rushes up to their teacher, claiming you showed them an inappropriate body part. Now, it’s your word against a child’s, and the odds seem overwhelmingly stacked against you in what turns out to be serious charges of indecency with a child by exposure.
As Houston indecency with a child lawyers, our legal team knows that this scenario, unfortunately, is all too familiar to many individuals in Texas. False accusations of being indecent with a child, whether by exposure, or by contact, can upend lives, tarnish reputations, and create a legal battle that feels insurmountable.
If you or a loved one have experienced this firsthand, or are facing a similar situation, The experienced legal team at Scheiner Law Group understands, and can help defend your rights. We specialize in defending Texans from false allegations of sex crimes in Houston such as being indecent with a child by exposure.
What Exactly is Indecency with a Child By Exposure in Houston, Texas?
The justice system is unforgiving when it comes to allegations of sex offenses, especially those involving minors. Among the most serious and damaging charges one can face has to do with being “indecent” with a child. In Houston, Texas, and beyond, accusations of child sexual abuse necessitate immediate action and skilled legal representation to navigate the complexities of the law and safeguard one’s rights. If you find yourself in this distressing situation, it’s imperative to seek the guidance of an experienced indecency with a child attorney in Houston, Texas.
In the state of Texas, the term “indecency with a child” encompasses a range of behaviors, including sexual contact or exposure involving individuals under 17 years old. According to Texas Penal Code Section 21.11(a)(1), the offense of indecency with a child occurs when a person engages in sexual contact with a child or forces a child to engage in such contact. This definition of sexual contact includes acts performed with the intent to arouse or gratify sexual desires.
Indecency with a child by contact, in which “sexual contact” as defined by the law, involves various actions, including:
- Touching (even through clothing) of a child’s breast, anus, or genitals using hands and fingers
- Touching (even through clothing) of any part of a child with a person’s anus, breast, or genitals
The Legal Implications of Being Charged with Indecency with a Child By Exposure in Houston
Within the realm of indecency with a child in Texas, there exists a specific offense known as “indecency with a child by exposure.” This offense occurs when an individual exposes their genitals to a child or coerces a child to expose themselves without involving sexual contact.
This act of indecency with a child by exposure is a serious third-degree felony in Texas. A conviction for this offense can result in severe penalties, including imprisonment for a period ranging from 2 to 10 years, a substantial fine of up to $10,000, or both. These consequences underscore the critical importance of understanding the nuances of the law and mounting a robust defense with the help of a skilled Houston indecency with a child lawyer.
Laws on Being Indecent with a Child in Houston, Texas
Texas takes a stringent stance against indecent acts involving children, as outlined in Texas Penal Code § 21.11. This statute defines the offense of indecency with a child, encompassing both exposure and contact offenses.
According to § 21.11(a), a person commits an offense if, with a child younger than 17 years of age, they engage in sexual contact with the child or cause the child to engage in such contact. Additionally, the statute covers acts where an individual, with the intent to arouse or gratify sexual desire, exposes their anus or any part of their genitals in the presence of a child or causes the child to do the same.
It’s important to note that an affirmative defense exists under this section. It includes scenarios where the actor was not more than three years older than the victim, did not use coercion, force, or threats against the victim, and was not required to register as a sex offender at the time of the offense.
Furthermore, § 21.11(c) defines “sexual contact” to include various acts committed with the intent to arouse or gratify sexual desire. This includes any touching by a person of the anus, breast, or genitals of a child, even if done through clothing.
In Texas, an offense under § 21.11(a)(1), involving sexual contact with a child, is classified as a felony of the second degree. Meanwhile, an offense under § 21.11(a)(2), which pertains to indecent exposure, is classified as a felony of the third degree.
Navigating the legal terrain of Houston indecency with a child by exposure charges requires a thorough understanding of these laws. With the high stakes, it is crucial to enlist the help of a knowledgeable indecency with a child defense attorney in Houston, Texas.
What Are the Potential Consequences of Being Charged With Indecency with a Child By Exposure in Houston, Texas
The consequences for sexual offenses against minors in Texas are particularly severe, especially when it involves indecency. This offense, when involving sexual contact, is classified as a second-degree felony. Upon conviction, it carries a maximum penalty of $10,000 in fines and up to 20 years behind bars.
For cases involving exposure in indecency with a child, the legal ramifications are no less serious. This offense is categorized as a third-degree felony, potentially resulting in a fine of up to $10,000 and a maximum of 10 years in prison. Additionally, anyone convicted of indecency with a child in Houston is required to register as a sex offender, adding a lifelong stigma to the repercussions of the offense.
The gravity of these consequences cannot be overstated. Committing indecent acts toward a child not only carries the weight of a felony offense but also the potential for a lengthy prison sentence. A conviction for indecency with a child by exposure means that the offender becomes a felon, leading to the loss of crucial rights such as voting, owning or carrying firearms, and serving on a jury.
Moreover, the implications of such a conviction extend far beyond the courtroom. Individuals found guilty of these offenses often face significant challenges in finding employment, retaining specialized licenses, or even maintaining relationships with loved ones. The stain of being labeled a sex offender can cast a shadow over every aspect of life, making it crucial to mount a vigorous legal defense against such charges.
In light of these severe consequences, seeking the counsel of a skilled Houston indecency with a child lawyer is imperative to understand the full repercussions of this act.
Mounting a Defense Against False Charges of Being Indecent With a Child in Houston, Texas
False allegations and misunderstandings, whether accidental or deliberate, are unfortunately not uncommon in cases involving indecency with a child by exposure. Children, due to their vulnerability, can sometimes be influenced or pressured into making statements that may not accurately reflect the truth. This underscores the critical need for a thorough investigation of all indecency with a child allegations before a conviction can occur.
For individuals accused of a sex crime like indecency with a child by exposure, the experience can be overwhelming, leaving them feeling helpless and unsure of where to turn for help. However, contrary to popular belief, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. Here are some of the most common defenses that the Scheiner Law Group, a trusted indecency with a child attorney in Houston, utilizes to defend against such allegations:
1. Absence of Intent
Central to charges of indecency with a child is the requirement of intent to sexually gratify or arouse. Without this intent, the accusations may not hold up in court. A skilled indecency with a child defense attorney in Houston will carefully examine the circumstances surrounding the alleged incident to challenge the prosecution’s assertion of intent.
2. Age and Sex of the Accused
A viable defense against indecency with a child charge can arise if the accused person is not more than three years older than the victim and of the opposite sex. This defense hinges on specific legal parameters regarding age differentials and the relationship between the accused and the alleged victim.
3. Prior Convictions
In some cases, the absence of prior convictions for sexual offenses can serve as a defense. If, at the time of the alleged offense, the accused person was not a registered sex offender or did not have a reportable conviction or adjudication for a sexual offense, the penalties associated with the crime may be lessened. This defense underscores the importance of a comprehensive review of the accused individual’s criminal history.
4. Testimony of Witnesses
Witness testimony plays a pivotal role in any legal case, especially those involving sensitive allegations like indecency with a child. A skilled defense attorney will meticulously analyze the credibility of witnesses, examining their motives and potential biases. Eyewitness accounts can often reveal inconsistencies or falsehoods in the allegations, providing a strong defense strategy.
A Houston indecency with a child lawyer possesses the expertise and insight needed to craft a robust defense strategy for your case. With their in-depth knowledge of Texas laws and experience in handling similar charges, they can meticulously analyze the details of your situation. This thorough examination allows them to build a compelling defense tailored to your specific circumstances, aiming for the best possible outcome in your legal proceedings.
What Do I Do If I’m Being Accused of Indecency with a Child in Houston, Texas?
Finding yourself accused of indecency with a child by exposure in Houston can be a terrifying and bewildering experience. The stakes are high, and the repercussions of a conviction can be life-altering. However, in this challenging situation, it is crucial to remain composed and take the appropriate steps to protect your rights and build a strong defense. Here are important actions to consider if you have been accused:
1. Seek Legal Representation From an Experienced Attorney in Houston
One of the first and most critical steps you should take is to secure the services of a seasoned indecency with a child attorney in Houston, Texas. This legal professional will serve as your advocate, guiding you through the complexities of the legal process and providing you with expert advice at every stage of your case. An experienced legal representative can assess the details of your situation, formulate a strategic defense plan, and work tirelessly to safeguard your rights.
2. Refrain from Making Statements
It is crucial to exercise caution when interacting with law enforcement or anyone else regarding the accusations against you. Refrain from making any statements or admissions without the presence of your attorney. Anything you say can be used against you in court, so it is in your best interest to remain silent until you have legal representation.
3. Gather Important Evidence and Documentation Which Will Strengthen Your Case
Work closely with your Houston indecency with a child lawyer to gather any evidence or documentation that may support your defense. This could include witness statements, text messages, emails, or any other relevant materials that could help establish your innocence or cast doubt on the accusations.
4. Maintain Composure and Patience
Facing allegations of indecency with a child by exposure is undoubtedly distressing, but it is essential to remain composed and patient throughout the legal process. Your attorney will guide you through each step, providing you with reassurance and clarity along the way.
5. Understand Texas Laws and Your Rights
Educate yourself about your legal rights and options. A knowledgeable attorney can explain the charges against you, the potential consequences, and the various defense strategies available. Understanding your rights empowers you to make informed decisions about your case.
6. Prepare for Legal Proceedings in Houston, Texas
As your case in Houston, Texas, progresses, be prepared for legal proceedings such as court appearances, hearings, and possibly a trial. Your indecency with a child defense lawyer in Houston will prepare you for these events, ensuring that you are fully informed and ready to present your case effectively.
7. Remain Vigilant and Proactive
Throughout the entirety of your legal battle, it is crucial to remain vigilant and proactive in your defense. Stay in regular communication with your Houston indecency with a child defense attorney, provide any requested information promptly, and follow their guidance closely.
Experienced Sex Crime Lawyers in Houston, Texas
During legal turmoil, Scheiner Law Group stands as a beacon of hope for those facing false indecency with a child by exposure charges in Houston, Texas. We are committed to defending your rights, preserving your innocence, and ensuring that justice prevails.
With a track record of success and a deep understanding of the nuances of these cases, we are prepared to stand by you every step of the way. Don’t let false accusations define your future. Contact our legal team today for a confidential consultation and let us fight for your rights and reputation.
The legal team at Scheiner Law Group specializes in sex crime defense and handles cases having to do with sexual assault, pedophile charges, prostitution, promotion of child pornography, possession of child pornography, and more. Locations near Houston we serve include New Caney, Spring, Richmond, Katy, Baytown, Pearland, Sugar Land, Cypress, Pasadena, Friendswood, Galena Park, and more.