Do you need a Houston sex crimes attorney to defend your indecency with a child charges?
Just the mention of a sex charge often results in an immediate conclusion and condemnation by some people, who assume that the person charged is guilty without a shred of evidence to support that conclusion. The condemnation is even stronger when the (unproven) charge relates to children.
If you have been accused of indecency with a child, you are facing a felony charge with severe penalties if you are convicted. This is no time to try to navigate the criminal justice system on your own, or with an inexperienced attorney. Speak to an experienced criminal defense lawyer at the Law Office of Nathaniel Pitoniak today to understand the charge(s) you are facing, and the defenses that may exist. Your initial consultation is free.
What is “Indecency with a Child” in Texas?
Indecency with a child is a specific crime in section 21.11 of the Texas Penal Code. It is sometimes referred to as a form of child molestation. The offense in Texas does not include rape (which is covered under other laws) but is limited to certain forms of touching and exposure involving a child under the age of 17. The law on indecency with a child says that it is an offense:
- to engage in sexual contact with a child under 17, or to cause the child to engage in sexual contact.; or
- to expose one’s genitals or anus while aware that the child is present, with intent to gratify one’s sexual desire; or
- to cause the child to expose his or her genitals or anus, with intent to gratify one’s sexual desire.
“Sexual contact” is defined as any of the following, provided that the contact was intended to gratify or to arouse the sexual desire of any person:
- touching (including touching through clothing) of the genitals, anus or breast of the child;
- touching (including touching through clothing) of any part of the child with the genitals, breast or anus of the other person.
Sexual contact with a child is a second degree felony. Exposure involving a child is a third degree felony.
These are clearly serious charges, which carry a potential term of years in prison. When you add to that the effects on your reputation and your entire future, the stakes are high. But being charged with this (or any other) offense is only one step in the process. You are innocent unless proven guilty beyond a reasonable doubt. And there are many possible defenses that may be available in your case.
Defenses to Indecency with a Child
As with any criminal charge, there are defenses which may apply and which, if successful, can lead to a dismissal or a not guilty verdict. In the case of indecency with a child, defenses include:
- Lack of sexual intent. The statute requires that whatever the act in question may be, it constitutes indecency with a child only if done with the intent to gratify or arouse sexual desire. Absent that intent, you have a valid defense to the charge.
- Age and sex of the defendant. If the person charged was not more than three years older than the child and of the opposite sex, did not use force, threats or duress, was not required to register as a sex offender, and did not have certain prior sex crimes convictions, that is a valid defense to the charge.
- It is a defense if the defendant is the spouse of the child at the time the event occurred.
- Witness Misidentification. Probably the most common reason for wrongful convictions is the misidentification of the defendant by an eyewitness. Eyewitness testimony can be successfully challenged.
- False testimony and coaching. There may be reasons why a witness would intentionally and falsely claim that a person has molested a child. In addition, there have been cases where the children have been “coached” in such a way as to wrongly implicate an alleged molester.
Other defenses may also apply.
Houston Indecency with a Child Defense Lawyer
As an experienced criminal defense attorney, Mr. Pitoniak understands that, particularly with a charge involving alleged child molestation or indecency, clients want the case to be favorably resolved as quickly as possible. We know that the longer these cases remain pending, the longer your reputation suffers, and the more pressure you feel. We will do whatever we can to move the case to a successful and speedy conclusion. On the other hand, it is essential that the case be handled properly, that defenses be fully developed, and that you receive the benefit of every possible exculpatory fact and circumstance available.
Being charged with a sex crime involving a child can be a terrifying experience. We’re here to help. We will provide you with an honest look at your case, the kind of defenses that may apply, and a well thought out game plan on how to proceed. Call the Law Office of Nathaniel Pitoniak to schedule a free consultation.