Indecency With a Child by Exposure Attorney in Houston, TX
Indecency with a child by exposure is a crime in Texas that carries serious legal penalties and other consequences. It is not uncommon for individuals to face these charges due to serious misunderstandings or other unfortunate circumstances. Being accused of a sex crime can feel like a nightmare, leaving a person anxious and unsure of how to handle the situation.
Fortunately, there are legal strategies available to those accused of indecency with a child by exposure. The effectiveness of these strategies is dependent on how judiciously and quickly a person acts, making it important to seek legal assistance as soon as possible when facing a sex-related offense in Texas.
At the Law Office of Nathaniel Pitoniak, we understand the seriousness of sex crimes involving a child in Texas. For years, we have dedicated our practice to defending individuals accused of crimes in Texas. As such, we are prepared to employ the most powerful legal strategies to mitigate the consequences of these charges for our clients. If you or a loved one is facing indecency with a child by exposure charges in Houston, Texas, you are not alone. Consider scheduling a free consultation with an experienced attorney at the Law Office of Nathaniel Pitoniak today at (832) 315-6283.
What Does Indecency with a Child by Exposure Mean?
There are many seemingly innocent situations that can be confused with indecency with a child by exposure. For example, what if a mother is breastfeeding their baby in public? What about sports teams that must change and shower when coaches are present? Are these situations unlawful in Texas?
The exact circumstances of this crime are found under Section 21.11 of the Texas Penal Code, which discusses the crime of indecency with a child. Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met:
- A person knowingly exposes the anus or any part of their genitals to a child; or
- A person causes a child to expose their anus or any part of their genitals
An essential aspect of this crime is intent, meaning that a person must engage in these acts with the goal of sexual gratification or arousal. Intent is provided for under Texas law and therefore must be proven for a person to be charged with this crime in the state.
What is the Penalty for Indecency with a Child in Texas?
Indecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. Indecency with a child by exposure is a third-degree felony in the state of Texas. According to Section 12.34 of the Texas Penal Code, which lays out the penalties associated with crimes in the state, a felony of the third degree is punishable by:
- Imprisonment in the Texas Department of Criminal Justice for a maximum of 10 years and a minimum of 2 years; and
- A fine of up to $10,000
In addition to jail time and financial penalties, a person convicted of indecency with a child may be required to register as a sex offender for the duration of their life. This can have a major impact on where a person lives, works, and how they are perceived in their communities. Fortunately, there are defenses available to those accused of sex crimes in Texas.
Defending a Charge of Indecency with a Child by Exposure
False allegations and misunderstandings, whether accidental or deliberate, are not uncommon in these cases. Children are susceptible to pressure from adults, meaning all indecency with a child allegations must be thoroughly investigated before a conviction can occur.
Being accused of a sex crime can leave a person feeling helpless and unsure of where to turn for help. Many people assume that there is no way to effectively handle these accusations to improve their outcome. Thankfully, there are legal strategies that can be employed to secure lower penalties or even total dismissal of the charges. Some of the most common defenses employed by the Law Office of Nathaniel Pitoniak to defend against indecency with a child by exposure include, but are not limited to the following:
- Absence of intent: The intent to sexually gratify or arouse is a fundamental aspect of indecency with a child crimes. Absent this intent, the accusations may not hold up in a court.
- Age and sex: If the accused person was not more than three years older than the victim and of the opposite sex, this could be a viable defense against indecency with a child charges.
- Prior convictions: If, at the time of the offense, the accused person was not a registered sex offender or had a reportable conviction or adjudication for a sexual offense, the penalties associated with the crime may be lessened.
- Testimony of witnesses: There are many reasons why a witness would make false accusations. The testimony of eyewitnesses can be an important facet of a case, making it incredibly important to evaluate the validity of all witnesses involved in the case.
When defending any charge involving indecency with a child, it is essential to seek assistance from an attorney who has proven experience in that area of law. Seeking legal counsel quickly, before a conviction occurs, can make a substantial difference in the outcome of a case.
We Represent Those Accused of Indecency with a Child by Exposure
The mere threat of being convicted with a sex crime involving a child can leave a person feeling stressed and anxious about their future. These charges can threaten one’s employment, housing, and reputation. For these reasons, it is understandable why so many individuals accused of indecency with a child by exposure seek guidance from an experienced attorney. A knowledgeable attorney is better able to favorably resolve these charges and help ensure that life carries on undisturbed.
At the Law Office of Nathaniel Pitoniak, we understand how much is at stake. We take the time to strategize on behalf of those accused of sex crimes in Texas and passionately defend their character. 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. For more information or to speak with an experienced attorney today, consider calling our Houston office at (832) 315-6283 today.