Laws and Consequences of Indecency with a Child
In Texas, the offense widely recognized as “Child Molestation” is Indecency with a Child. To get a conviction for this charge, the prosecution must prove that the victim was below 17 years old. Proving that the molestation was either through sexual “contact” or “exposure.”
The primary distinction lies in the age of consent for each offense. In Texas, the age of consent for indecency with a child is 17, while for sexual performance, it is 18. Indecency with a Child is categorized as a type of statutory rape charge in Texas and encompasses a broader range of sexual activities between adults and minors than Sexual Assault.
Additionally, Indecency with a Child is considered a less severe form of Sexual Assault of a Child. And is therefore included within the latter’s charges. If someone is charged with Sexual Assault of a Child, they may be subjected to charges of Indecency with a Child.
Consequences
In Texas, the consequences for sexual offenses against minors are particularly severe. Indecency with a Child is a second-degree felony charge that involves sexual contact. Therefore, carrying a maximum penalty of $10,000 in fines and up to 20 years in prison upon conviction.
Exposure in indecency with a child cases. On the other hand is a third-degree felony and may result in a fine of up to $10,000. With a maximum of 10 years behind bars. Additionally, anyone convicted of indecency with a child is required to register as a sex offender.
Committing indecent acts towards a child can lead to severe consequences. Including a lengthy prison sentence as it is categorized as a felony offense. A severe criminal offense that can result in a prison term of up to 20 years if the perpetrator touches the child inappropriately.
Another form of indecency towards a child is displaying one’s private parts. Which is also considered a grave offense and could lead to a prison term of up to 10 years.
Being convicted of either of these crimes would result in the offender becoming a felon. Which entails losing some crucial rights such as voting, owning or carrying guns, and serving on a jury. Furthermore, finding employment or retaining specialized licenses may become difficult for them.
What to do if Charged
If you have been charged with child indecency in Texas, it is important to take the matter seriously and seek legal representation immediately. Child indecency is a serious offense and can result in severe consequences, including imprisonment and fines.
Here are some steps you can take if you are charged with child indecency in Texas:
- Hire an experienced criminal defense attorney: It is crucial to have legal representation from an experienced attorney who can guide you through the legal process and defend your rights.
- Do not talk to anyone about your case: It is important to refrain from discussing your case with anyone except your attorney. Anything you say can be used against you in court.
- Follow the court orders: If you are released on bail, make sure you comply with all the court orders, such as attending all hearings and avoiding contact with the victim.
- Do not tamper with evidence: It is illegal to tamper with evidence, and doing so can result in additional charges.
- Be prepared for a trial: If your case goes to trial, your attorney will prepare you for what to expect and work to build a strong defense on your behalf.
It is important to take child indecency charges seriously and seek legal representation as soon as possible.
Defending Indecency with a Child Charge
There are some ways to defend yourself against a charge of indecency with a child. These are called affirmative defenses. One type of affirmative defense is based on age.
This defense can work if the person accused of indecency was not more than 3 years older than the child, did not use force, threats, or pressure against the child, is of the opposite sex than the child, and is not already a registered sex offender. If the accused and the child were married when the incident happened, then the charge cannot apply.
Even if none of the affirmative defenses apply to your case, there are still other ways to challenge the case against you. For example, you can ask the court to exclude certain evidence, show that there is not enough evidence to prove your guilt, show that there are mistakes or problems with the prosecutor’s case, or show that the child who is accusing you is not telling the truth.
Arrested? Don’t Plea, Call Me!
If you are facing indecency with a child criminal charges it is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense attorney we can review the facts of your criminal case, investigate the charges against you, and develop a strong defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, we can provide you with information about the potential indecent exposure consequences of a conviction, including the possibility of jail time, fines, and other penalties, and work to minimize the impact of the charges on your life and future.
Overall, the criminal law justice system can be complex and intimidating, and having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case.