According to The Leader News in Houston, a man who had previously been arrested and accused of exposing himself to multiple women around Houston, has now been arrested for the felony offenses of Indecency with a Child and Sexual Assault. These arrests come from an investigation handled by the Houston Police Department’s Special Victims Division, Adult Sex Crimes Unit.
The Houston Police Department contends that in May of 2020, the Defendant would ride a bicycle around public parks in Houston, stalking female joggers and exposing his genitals to them. These arrests were for the misdemeanor offense of Indecent Exposure, a Class B. Misdemeanor.
Later in May 2020, it is alleged that the Defendant committed the Class A misdemeanor of Indecent Assault, alleging that he touched someone without their consent for his own sexual gratification.
Finally, in July 2020, the Defendant was arrested for the Third Degree Felony Offense of Indecency with a Child by Exposure, and the Second Degree Felony of Sexual Assault.
Being charged with multiple offenses means there are separate ranges of punishment for each one. Below, we’ve outlined a few sections of Texas law that relates to this.
Indecent Exposure & Texas Law
Under to the Texas Penal Code a person commits this act if they knowingly expose their genitals to another person with the intent to arouse themselves. This is a Class B Misdemeanor, carrying a range of punishment of up to 6 months in jail and up to a $2,000 fine.
While normally, the offense of Indecent Exposure will not result in a requirement to register as a Sex Offender, the Texas Penal Code does require those who have multiple convictions for the offense to formally register as a sex offender.
Indecent Assault & Texas Law
Under to the Texas Penal Code a person commits the offense of Indecent Assault if, without the other person’s consent, and with the intent to sexually gratify themselves, they:
- Touch the anus, breast, or any part of the genitals of another person;
- Touches another person with the anus, breast, or any part of the genitals of any person;
- Exposes or attempts to expose another person’s genitals or sexually-intimate areas; OR
- Causes another person to contact blood, saliva, urine, feces, or sexual discharge, of any person.
Indecent Assault is a Class A Misdemeanor, carrying a range of punishment of up to a year in the County Jail and up to a $4,000 fine.
Indecency with a Child by Exposure & Texas Law
Under the Texas Penal Code, a person can be charged with Indecency with a Child by Exposure by:
- Exposing your genitals, while child is present, for sexual gratification; or
- Causing a child to expose their genitals for sexual gratification
It is a defense to prosecution if:
- The Defendant was NOT more than three years older than the victim;
- The Defendant did NOT use force or threaten the victim; AND
- The Defendant was not a registered sex offender.
Under the Texas Penal Code, Indecency with a Child by Exposure is a third degree felony, carrying a range of punishment form two to ten years in prison and up to a $10,000 fine. It also requires registration as a sex offender for a period of 10 years.
Sexual Assault & Texas Law
Lastly, Texas law defines sexual assault as any non-consensual sexual contact which involves penetration or contact with the victim’s sexual organs, anus, or their mouth. A Defendant can also be charged with Sexual Assault if the suspect has sex with a mentally disabled person, unconscious person, or if the victim is incapable of understanding the situation or resisting the assault.
Under the Texas Penal Code, Sexual Assault is a third degree felony, carrying a range of punishment form two to ten years in prison and up to a $10,000 fine. It also requires registration as a sex offender for a period of 10 years.
Questions About Sex Offender Registration?
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Accused of an Illegal Sex Act in Houston?
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If you have been charged or are under investigation for Indecent Assault, Indecent Exposure, Indecency with a Child, or Sexual Assault, contact our office immediately for a thorough case review. Time is of the essence in these types of cases, as many times, an experienced attorney can prevent charges from ever being filed.
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