Indecency with a child, also commonly referred to as child molestation, is one of the most common and frequent charges brought by the police. Under the Texas Penal Code, the law is broad, allowing for charges to be brought against a defendant for “fondling or intentionally touching a child under the age of 17 in a sexual manner for sexual gratification.” Being charged with the offense of Indecency with a Child allows for a wide range of potential punishment, and must be met with an aggressive defense. If you or a loved one is being investigated or charged with Indecency with a Child, contact our firm immediately and we can review your case thoroughly.
Law in Simple Terms
- Indecency with a child is broken down into two sub-categories under the Texas Penal Code:
- Indecency with a Child by Contact
- 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.
- Indecency with a Child by Contact
- 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
Affirmative Defenses
- 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.
Range of Punishment
- Indecency with a Child by Contact
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
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.
- Sex Offender Registration
Sex offender registration can involve many conditions. They are dictated primarily by the court or presiding judge in which the suspect was convicted, or parole board at the time of the prisoner’s release. These conditions vary based on the individual offender. Many (but not all) of these restrictions govern:
- Where the registrant can live and work;
- Places they may and may not frequent (like types of restaurants, parks, and other entertainment venues);
- Counties and states they can visit (other than the one in which they are registered, and how long they can remain out of their registered county);
- And whom they may contact or associate with;
If convicted of a felony sex crime, restrictions are also placed on several of your civil rights and activities such as:
- Right to Vote
- Right to Hold Public Office
- Right to Bear Arms
- This restriction lasts for five years after release from prison. And it can last longer if you do not go through the process of having your gun rights restored. But even then you can only possess firearms in your residence, and may not carry a gun beyond your residential property.
- Ability to Serve on a Jury
- Convicted felons lose the right to serve on any jury for the rest of their lives.
There are additional restrictions placed on many occupations and professional licenses anyone convicted of a child-related sex offense may hold. This seriously limits their ability to earn a good living, and where they are allowed to live or frequent once they are released from prison.
Are you Facing Indecency with a Child Charges in Texas?
If you’re the subject of an investigation or are facing criminal charges for indecency with a child, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible and we’ll review your case thoroughly.
Serious criminal cases and investigations are best left in the hands of professional Houston riminal defense lawyers. Preferably, those who are well-versed in criminal law, executing legal strategies, assuring that any law enforcement investigations are fair, and more important than anything else, winning your case. With an experienced sex crimes lawyer, you’ll have a better chance to avoid the penalties and social stigma connected with any criminal charges involving children.
Jack B. Carroll is a seasoned criminal law attorney who is also Board Certified® in criminal law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of Texas lawyers. If you’re ready to consult with a proven winner, call 713-228-4607 or message our legal team by clicking or pressing here.
Resources
- Texas Penal Code Chapter 21: Sexual Offenses
- Houston Chronicle: Texas Sex Abuse Exonerations
- HPD: Sex Crimes Division
- Reason: False Sex Crime Accusations Destroys Family, Legally
- Harris County DA: Victim Resources
- Office for Victims of Crimes