Pearland police arrested a local man after having been accused of making “inappropriate contact” with a young girl he was supposed to be coaching. After their child reported that her coach was making her feel uncomfortable before and during her batting lessons. After being contact by the parents of the young girl, Pearland Investigators spoke with the Brazoria County District Attorney’s Office who officially charged the man with the Class A Misdemeanor of Indecent Assault.
ABC 13 Houston: Pearland batting coach touched girl before and during lessons, police say
Indecent Assault
Indecent Assault was added by the Texas Legislature to the Texas Penal Code on September 1, 2019. This “hybrid” offense allows a Defendant to be charged with a misdemeanor sexual offense when the allegations don’t meet the qualifications of being charged with the felony of Indecency with a Child.
Indecent Assault occurs when a person, without the consent of another:
- Touches 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.
In the case of the Pearland Batting Coach, the Houston Chronicle reports that the Defendant made unwanted contact with the minor by kissing the minor on the mouth outside the batting cages they were supposed to be training in.
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.
How this Differs from Indecency with a Child
Prior to the Texas Legislature adding the charge of Indecent Assault, the only charges available to the District Attorney’s office were Indecency with a Child or the Class C offense of Groping (penalty of up to a $500 fine and no jail time). By adding the charge of Indecent Assault, investigators were given the ability to still file charges with jailtime as a penalty, even if the charge didn’t qualify as a felony.
The felony offense of Indecency with a Child charges can be filed if a Defendant makes sexual contact with a minor, or if they expose themselves to a minor.
- Indecency with a Child by Contact
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- Engaging in sexual contact with a child, under the age of 17; or
- Causing a child, under the age of 17, to engage in sexual contact.
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- Indecency with a Child by Exposure
- Exposing your genitals, while child is present, for sexual gratification; or
- Causing a child to expose their genitals for sexual gratification
Under the Texas Penal Code, Indecency with a Child by Contact is a second degree felony, carrying a range of punishment from two to twenty years in prison and up to a $10,000 fine. 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. Both these felony offenses will require registration as a sex-offender as well as any other punishment received.
Contact Us
If you have been charged or are under investigation for Indecent Assault or Indecency with a Child, contact an experienced attorney immediately. With such sever ranges of punishment, sex-crime cases are not to be taken lightly. Outside of lengthy prison sentences or the forced registration as a sex offender, the social and familial consequences are serious as well. Take a look at our Case Results and contact our office at 713-228-4607 today.