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 states that this is an offense:
Defenses an Indecency with a Child Lawyer May Use in Your Case
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. Your defenses may include:
- Lack of sexual intent. The statute requires that whatever the act in question may be, it be done with the intent to gratify or arouse sexual desire. Absent that intent, you have a valid defense to the charge.
We don’t know the facts surrounding your case – yet – but we will learn them during the consultation. Your best defense may not be listed above, or it may include a combination of strategies that offer you the best chance of beating the charges against you or having them lowered.
You are facing serious penalties, which, if convicted, may mean decades of imprisonment and a record that makes it challenging to seek employment and housing.
Strategizing a defense and helping you beat the charges against you takes time, which is why you need to contact a lawyer immediately. Evidence and witnesses are best collected and talked to when charges are pressed, so time is of the essence.
Penalties For a Conviction of Indecency with a Child
Indecency with a child comes with serious penalties, and even if this is your first offense, it’s best to work with a lawyer to defend your rights and freedoms. You may be facing:
- Third-degree felony charges if it is an indecency by exposure charge, which is punishable by 2 – 10 years in prison.
- Second-degree felony charges if it is an indecency by contact, which is punishable by 2 to 20 years in prison.
Felony charges will remain on your record and will make it hard to enter many careers. Fines for both types of felonies are up to $10,000. Your punishment will also include Sex Offender Registration for 10 years if facing a third-degree felony or for your lifetime if facing a second-degree felony.
What To Do If You Are Falsely Accused
Being falsely accused of any crime can negatively impact your life in many ways, but false accusations of indecency with a minor can be even more devastating.
- Public opinion of you may change
- You may lose friends and family
- Your career may be ruined by your now-damaged reputation
The consequences of false accusations are far-reaching, but it’s important to remain calm and in control of your emotions.
If you are falsely accused:
- Contact an experienced lawyer. Even if you have not been charged with a crime, a lawyer can help you understand your rights and protect them.
- Avoid contact with the accuser. Resist the temptation to contact the accuser and try to restore your good name.
- Gather as much evidence as possible to support your innocence. This can include video footage or photos.
- Avoid talking about the allegations with others. Remember that anything you say can be used against you. Do not post about the accusations on social media.
The steps you take immediately after the accusations can have a critical impact on your case. It is strongly advised that you contact an attorney to find the best course of action to take.
Why You Should Choose Attorney Nathaniel Pitoniak to Protect Your Rights
If you have been accused of indecency with a minor, you need an attorney who understands the complexities and nuances of Texas law to build a strong defense.
Attorney Nathaniel Pitoniak is a former prosecutor with 15+ years of experience and is committed to achieving the best possible outcomes for his clients.
In similar cases, Nathaniel has achieved a not-guilty verdict and has a track record of obtaining dismissals for felony and misdemeanor cases.
A conviction can upend your life. There is no room for error in your defense. You need an experienced attorney to protect your rights and fight to achieve a favorable outcome.
Contact us today to schedule a consultation with an experienced indecency with a child lawyer.
