Houston Indecency With A Child Defense Attorney

Indecency with a child is an offense which is quickly subject to judgment throughout the community. However, it is important to consult with a Houston criminal defense attorney as soon as possible after your arrest. Keep in mind that an arrest is not yet a criminal conviction, and should therefore be treated as such. A defendant is innocent until proven guilty, and an experienced Houston sexual assault attorney will assist in establishing a defense. A criminal conviction for indecency with a child comes laden with terrible consequences, as a felony offense. Contact a Houston indecency with a child defense attorney today for more information.

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How is Indecency with a Child Defined in Texas?

Indecency with a child is defined as engaging in sexual contact with a child younger than 17 years of age. This can include sexual intercourse or exposure. A criminal conviction often turns on the definition of “sexual conduct,” which is defined by the Texas Penal Code to include the following:

Any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child;
Any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

The Texas Criminal Appellate Court has considered the acts of persons arrested on “indecency with a child charges,” finding that the act must meet the above definition of sexual contact. The courts have also held that the defendant must know that a child is present, although the State is not required to show that the defendant knew the victim was underage.

Indecency With a Child by Contact

Under Texas Penal Code § 21.11(a)(1), a person commits this offense if they engage in sexual contact with a child under the age of 17.

Sexual contact is defined as any touching of the anus, breast, or any part of the genitals of a child, or causing the child to touch the perpetrator’s or another person’s anus, breast, or genitals.
The touching must be done with the intent to arouse or gratify the sexual desire of any person.

Indecency With a Child by Exposure

Under Texas Penal Code § 21.11(a)(2), a person commits this offense if they expose their anus or any part of their genitals to a child under the age of 17, knowing the child is present, with the intent to arouse or gratify the sexual desire of any person.

This includes acts such as flashing or exposing oneself to a minor.
The exposure must be intentional and done with the purpose of sexual gratification.

Penalties and Consequences of Being Convicted and Charged With Indecency with a Child

While any arrest is cause for concern, felony arrests are especially important to handle as quickly and as efficiently as possible since felony convictions can have a drastic impact on your future. Felony offenses have large penalties and fines, compared to misdemeanor offenses, and leave a permanent mark on your criminal record. It will be difficult to maintain a job with a felony conviction, and you will be prevented from voting. Therefore, it is important to take the adequate first steps as soon as possible after an arrest for supposed indecent exposure with a child. Further than that, sex crimes have lasting repercussions beyond prison confinement and fines. A convicted sexual offender must register in a nationwide directory, which also dictates where the individual can live. The registration of the sexual offender means that the public will be able to view where that individual lives for the rest of their life, and they will be constantly restricted.

Third-Degree Charge

Indecency with a child by exposure is a third-degree felony charge.
A third-degree felony offense can lead up to 2 to 10 years in prison, and a $10,000 fine.
Registration as a registered sex offender is 10 years for those facing a third-degree felony.

Second-Degree Charge

Indecency with a child by contact is a second-degree felony charge.
A second-degree felony offense can lead to up to 2 to 20 years in prison, and a $10,000 fine.
Registration as a registered sex offender is a lifetime registration for those facing a second-degree felony charge.

It is therefore extremely important to consult with an experienced sex crimes defense attorney as soon as possible after your arrest.

Defenses for Indecency With a Child Cases

Defending against charges of Indecency with a Child in Texas is extremely challenging due to the nature of the allegations and the severe consequences of a conviction. However, there are potential defenses that an experienced Houston indecency with a child defense lawyer may explore, depending on the facts of the case. Below are some common defenses used in Indecency with a Child cases:

Lack of Sexual Intent: The prosecution must prove that the defendant acted with the intent to arouse or gratify sexual desire. If the defense can show that the alleged act was accidental, misinterpreted, or lacked sexual intent, it may be a valid defense.
Age of Defendant: If the defendant is also a minor (close in age to the alleged victim), the defense may argue that the conduct was consensual and not criminal. Texas has a “Romeo and Juliet” law that provides exceptions for consensual sexual activity between minors close in age, but this does not apply to indecency charges involving contact or exposure.
Witness Misidentification: In some cases, the defendant may have been misidentified as the perpetrator. The defense can present evidence, such as alibis or witness testimony, to show that the defendant was not present at the time of the alleged offense.
False Allegations: Unfortunately, false accusations of indecency with a child can occur due to misunderstandings, custody disputes, revenge, or other motives. The defense may investigate the credibility of the accuser and present evidence of ulterior motives or inconsistencies in their story.
Lack of Evidence: The prosecution must prove the case beyond a reasonable doubt. If there is insufficient evidence (e.g., no physical evidence, unreliable witnesses, or contradictory statements), the defense can argue that the charges cannot be proven.
Constitutional Violations: If law enforcement violated the defendant’s constitutional rights during the investigation (e.g., illegal search and seizure, coerced confession, or failure to read Miranda rights), the defense may file a motion to suppress evidence, which could weaken or dismiss the case.
Witness Credibility: The defense may cross-examine the alleged victim and other witnesses to highlight inconsistencies, biases, or lack of reliability in their testimony.

If you have been charged with indecency with a child, do not hesitate to call (713) 224-4040 the law office of David A. Breston. David A. Breston has years of experience in defending his clients from claims brought against them. Contact the law office of David A. Breston today for your initial free consultation.