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Child Molestation

False allegations of molesting a child in Texas can arise from accusations of touching a child improperly, incorrect reports from a child, statements from a child who did not understand the nature of their allegations, or assumptions from nurses or psychologists.

If you have been falsely accused of child molestation in the Dallas / Fort Worth Metroplex, it is important to contact an experienced child sex crimes defense lawyer who can help you immediately begin to create your best legal strategy. Even a false accusation of a child molestation offense can result in severe penalties and consequences, such as:

  • Requirements to register as a sex offender;
  • A criminal record;
  • Jail or prison time;
  • Hefty fines,
  • Ineligibility to apply for certain professions, occupations or jobs,
  • A refusal to be admitted into certain education programs,
  • Embarrassment or humiliations among friends and family, and/or
  • An inability to own or possess a firearm.

False accusations of molesting a child can be very serious and result in severe consequences, but it is important to know that you cannot be convicted of the offense unless the state prosecutor proves you committed every element of the offense beyond a reasonable doubt. This can be a very difficult burden of proof to meet, so it is important to hire an experienced sex crimes defense lawyer who will make every effort to put on defense evidence that prevents the prosecutor from satisfying her burden of proof.

Dallas Child Molestation Defense Lawyer

Contact Stuckle & Associates PLLC for a consultation about your alleged molestation of a child offense throughout the Dallas / Fort Worth Metroplex, including the areas of Plano, Denton, and Arlington. The attorneys of Stuckle & Associates PLLC are experienced in defending false allegations of child molestation and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense.

Our law firm works exclusively on sex crime charges in Texas and has the insight that you need during this critical time. Call (972) 423-4405 to learn more about your legal options.


Texas Child Molestation Information Center


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Legal Definition of Molestation

Although molestation is commonly defined as a crime that involves sexual or inappropriate conduct or contact between an adult and a child, there is not a specific statute that actually penalizes child molestation in Texas. Instead, most molestation offenses are prosecuted under the statutes defined below.

Sexual contact in Texas (Tex. Penal Code § 21.11(c)) is defined as engaging in any of the following acts with the intent to arouse or gratify the sexual desires of any person:

  • Touching any of the child’s body parts with the genitals, breast or anus of another person, including through clothes; or
  • Touching the any part of the genitals, breast or anus of a child, including through clothes.

The Texas Penal Code § 22.011(c) defines a child or minor as a person who was 17 or younger at the time the alleged offense occurred.


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Indecency with a Child Offenses

Indecency with a Child by Contact – According to the Texas Penal Code § 21.11(a)(1) this offense involves engaging in any type of sexual contact with a child the age of 17 or younger or causing a child who is 17 years old or younger to engage in sexual contact. Indecency with a child by contact is generally punishable as a felony of the second degree.

Indecency with a Child by Exposure – According to the Texas Penal Code § 21.11(a)(2) this offense involves engaging in the following acts with a child 17 years old or younger with the intent to gratify or arouse the sexual desires of any person:

  • Causing the child to expose any part of their anus or genitals, or
  • Exposing any part of the anus or genitals knowing a child is present.

Indecency with a child by exposure is generally punishable as a felony of the third degree.


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Continuous Sexual Abuse of a Child

Continuous Sexual Abuse of a Child – According to the Texas Penal Code § 21.02, this offense involves

  • Committing two or more sexual abuse or sexual assault acts to one or more victims during a period of 30 days, and
  • The alleged victim is a child under the age of 14 and the alleged offender is years old or older.

Continuous sexual abuse of a child is generally punishable as a felony of the first degree.


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Child Sexual Assault Overview

Sexual Assault – According to the Texas Penal Code § 22.011, this offense involves intentionally or knowingly

  • Causing a child’s anus or sex organ to be penetrated;
  • Causing a child’s mouth to be penetrated by the sex organ of the alleged;
  • Causing a child’s sex organ to penetrate or contact the anus, sex organ or mouth of any other person;
  • Causing a child’s anus to contact the sex organ, anus or mouth of any other person; or
  • Causing a child’s mouth to contact the sex organ or anus of any other person.

Sexual assault of a child is generally punishable as a felony of the first or second degree.

Aggravated Sexual Assault – According to the Texas Penal Code § 22.021, this offense involves committing a child sexual assault offense and:

  • Causing or attempting to cause the child serious bodily injury or death;
  • Using a deadly weapon during the commission of the offense;
  • A  child 14 years old or younger;
  • Causing the child to fear death, kidnapping or serious bodily injury will occur;
  • Threatening to cause death, kidnapping or serious bodily injury;
  • Administering or using certain drugs and intoxicants during the commission of the offense; or
  • Acting an accomplice to an individual who commits the offense and causes serious bodily injury.

Aggravated sexual assault of a child is generally punishable as a felony of the first degree.


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Child Molestation Potential Penalties

Child molestation consequences and penalties for a felony conviction are basically defined in Chapter 12 of the Texas Penal Code. The general penalties listed below can very; however, depending on the degree of the offense, depending on the severity of the offense, depending on whether the alleged offender has any other prior convictions, and the age of the child.

  • A conviction for a felony of the third degree child molestation offense can result in a prison sentence ranging from two to 10 years and/or a fine up to $10,000.
  • A conviction for a felony of the second degree child molestation offense can result in a prison sentence ranging from two to 20 years and/or a fine not more than $10,000.
  • A conviction for a felony of the first degree child molestation offense can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.

Articles on Child Molestation Cases in Texas


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Stuckle & Associates PLLC | Collin County Child Molestation Defense Lawyer

If you have been falsely accused of molesting a child throughout Texas, including the areas of Collin County, Dallas County, Tarrant County, Denton County, or Lubbock County, contact Stuckle & Associates PLLC today.

Paul Stuckle is an experienced child sex crimes defense lawyer in Dallas who will make every effort to help you achieve the most desirable outcome for your particular situation.

Call (972) 423-4405 or send an online message to schedule your free consultation.

This article was last updated on Thursday, April 21, 2016.