Child Indecency Lawyer in Texas
False allegations of indecency with a child, a form of child sexual abuse crimes, in Texas can result from numerous actions, including sexual exposure or sexual contact with a minor (individual 17 years of age or younger). Additionally, an individual that has been charged with certain child pornography offenses may also be charged with indecency with a child in Texas. If you have been falsely accused of indecency with a child, an underage person, juvenile or minor, it is important to immediately contact an experienced sex crime defense lawyer.
The consequences of an allegation and/or conviction include:
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- Mandatory registration as a sex offender
- Ineligibility to apply for certain jobs or occupations;
- A ban from owning or possessing a firearm;
- Ineligibility to apply for certain educational opportunities;
- Ineligibility to vote or hold public office;
- Jail or prison time;
- Public humiliation or embarrassment; and/or
- Steep fines.
However, it is important to know the state prosecutor is required to prove every element to the charges against you beyond a reasonable doubt. This can be a very difficult burden of proof to meet and if the judge or jury has any doubt you committed every element of the offense, the charges against you may be reduced or even dismissed.
Contact Dunham & Jones for a consultation about your arrest. Our attorneys will make every effort to fight the false accusations against you. We defend individuals facing any sex crime charge, including indecency with a child, child molestation, and child pornography. Your initial case review is a prime opportunity to learn more about your defense options from attorneys who concentrate exclusively on these complex cases.
Indecency with a Child by Contact
An individual can be charged with indecency with a child by contact under section 21.11(a)(1) of the Texas Penal Code if they engage in any form of sexual contact with a child under the age of 17 or cause a child under 17 years old to engage in sexual contact.
Sexual contact is defined under Tex. Penal Code § 21.11(c) as any engaging in any of the following acts with the intent to gratify the sexual desire of any person or arouse any person:
- Touching the anus, breast or any part of the genitals of a child. This includes touching through clothing; or
- Touching any body part of a child with the anus, breast or any part of the genitals of any person. This includes touching through clothing.
Indecency with a Child by Exposure
An individual can be charged with indecency with a child by exposure under section 21.11(a)(2) of the Texas Penal Code if they engage in any of the following acts with a child under the age of 17 with the intent to gratify the sexual desire of any person or with the intent to arouse any person:
- Expose any part of their genitals or anus knowing a child is present; or
- Cause the child to expose any part of their genitals or anus
Penalties for Indecent Exposure and Contact With a Child in Texas
The basic penalties and consequences for a conviction for indecency with a child can range in severity. Several factors will be considered, such as whether the alleged offender has any prior criminal convictions and whether the offender engaged in indecency with a child by contact or by exposure.
- A conviction for indecency with a child by contact:
- Often classified as a second-degree felony
- Between 2-20 years in prison
- Fine up to $10,000
- A conviction for indecency with a child by exposure:
- Often classified as a third-degree felony
- Between 2-10 years in prison
- Fine up to $10,000
Common Legal Defenses for Indecency Allegations
In certain situations, a defense may be available to the indecency with a child allegations against you. Since defenses are not applicable to every situation, it is important to discuss the facts of your particular situation with a knowledgeable lawyer to determine which, if any, defenses may be available in your case.
Some of the most common defenses to indecency with a child allegations are:
- Mistaken Identity
- Mistake of Fact
- Medical Necessity
- Insanity
- Duress
- Coercion
- Alibi
Additionally, certain offenses in Texas may be subject to an affirmative defense. An affirmative defense may apply when the alleged offender admits they committed the act, which would otherwise be a criminal offense, but it is not in their particular situation because of a certain reason.
Some of the affirmative defenses available to indecency with a child in Texas are:
- The alleged offender was the spouse of the alleged victim at the time the alleged offense occurred; or
- The alleged offender was three years older or less than the alleged victim at the time of the offense; the alleged offender was the opposite sex of the alleged victim; the alleged victim did not use force, threats or duress against the alleged victim at the time of the offense; and the alleged offender was not previously required to register as a sex offender.
Contact Our Firm Today If You Were Accused of Indecency With a Child
If you have been accused of indecency with a child, contact an experienced child indecency lawyer at Dunham & Jones, Attorneys at Law today. Our lawyers are ready to put their experience to use defending you against the emotionally charged allegations that you face. With so much at stake, you need to know that you can count on your attorney to fight with you through every step of the process. With convenient locations across Texas, you should call 800-499-8455 today for a free consultation or fill out our online form to learn more.
