Indecency with a Child
False allegations of indecency with a child in Texas can arise from accusations of statutory rape, child abuse or child molestation. Additionally, an individual that has been charged with certain child pornography offenses may also be charged with indecency with a child in Texas.
If you have been falsely accused of indecency with a child, an underage person, juvenile or minor in the Dallas / Fort Worth Metroplex, it is important to immediately contact an experienced child sexual abuse defense lawyer. Even false allegations can result in serious repercussions and consequences, including any of the following:
- Sex offender registration requirements under Chapter 62 of the Texas Code of Criminal Procedure;
- Ineligibility to apply for certain jobs or occupations;
- A ban from owning or possessing a firearm;
- Ineligibility to apply for certain educational opportunities;
- Ineligibility to vote or hold public office;
- Jail or prison time;
- Public humiliation or embarrassment; and/or
- Steep fines.
However, it is important to know the state prosecutor is required to prove every element to the charges against you beyond a reasonable doubt. This can be a very difficult burden of proof to meet and if the judge or jury has any doubt you committed every element of the offense, the charges against you may be reduced or even dismissed.
Dallas Indecency with a Child Defense Lawyer
Contact Stuckle and Associates, PLLC for a consultation about your arrest in Fort Worth, Plano, Frisco, McKinney, Allen, Carrollton, Richardson, Garland, Irving, Arlington, nearby areas. The attorneys of Stuckle and Associates, PLLC are aggressive false child sex crime allegation attorneys who will make every effort to fight the false accusations against you.
Call us for a free consultation today at 972-423-4405. Your initial case review is a prime opportunity to learn more about your defense options from attorneys who concentrate exclusively on these complex cases.
Dallas Indecency with a Child Information Center
- Indecency with a Child by Contact
- Indecency with a Child by Exposure in Fort Worth
- Penalties to Indecency with a Child in Denton
- Defenses to Indecency with a Child in Irving
An individual can be charged with indecency with a child by contact under section 21.11(a)(1) of the Texas Penal Code if they engage in any form of sexual contact with a child under the age of 17 or cause a child under 17 years old to engage in sexual contact.
Sexual contact is defined under Tex. Penal Code § 21.11(c) as any engaging in any of the following acts with the intent to gratify the sexual desire of any person or arouse any person:
- Touching the anus, breast or any part of the genitals of a child. This includes touching through clothing; or
- Touching any body part of a child with the anus, breast or any part of the genitals of any person. This includes touching through clothing.
A minor, child, juvenile or underage person is defined under section 22.011(c) of the Texas Penal Code as anyone who is under the age of 17 at the time of the alleged offense.
An individual can be charged with indecency with a child by exposure under section 21.11(a)(2) of the Texas Penal Code if they engage in any of the following acts with a child under the age of 17 with the intent to gratify the sexual desire of any person or with the intent to arouse any person:
- Expose any part of their genitals or anus knowing a child is present; or
- Cause the child to expose any part of their genitals or anus.
The basic penalties and consequences for a conviction for indecency with a child are listed in Chapter 12 of the Texas Penal Code. These penalties can vary depending on a variety of factors, including whether the alleged offender has any prior criminal convictions and whether the offender engaged in indecency with a child by contact or by exposure.
- A conviction for indecency with a child by contact is generally punishable as a felony of the second degree, which can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
- A conviction for indecency with a child by exposure is punishable as a felony of the third degree, which can result in two to ten years in prison and/or a fine up to $10,000.
In certain situations, a defense may be available to the indecency with a child allegations against you. Since defenses are not applicable to every situations, it is important to discuss the facts of your particular situation with a knowledgeable child sex crimes lawyer to determine which, if any, defenses may be available in your case.
Some of the most common defenses to indecency with a child allegations in the Dallas / Fort Worth Metroplex are:
- Mistaken Identity
- Mistake of Fact
- Medical Necessity
Additionally, certain offenses in Texas may be subject to an affirmative defense. An affirmative defense may apply when the alleged offender admits they committed the act, which would otherwise be a criminal offense, but it is not in their particular situation because of a certain reason.
Some of the affirmative defenses available to indecency with a child in Texas are:
- The alleged offender was the spouse of the alleged victim at the time the alleged offense occurred; or
- The alleged offender was three years older or less than the alleged victim at the time of the offense; the alleged offender was the opposite sex of the alleged victim; the alleged victim did not use force, threats or duress against the alleged victim at the time of the offense; and the alleged offender was not previously required to register as a sex offender.
Finding an Experienced Attorney for a Charge of Indecency with a Child in Fort Worth
If you have been accused of indecency with a child in Dallas County, Tarrant County, Denton County, or the surrounding areas, contact Stuckle and Associates, PLLC today. Paul Stuckle is ready to put his experience to use defending you against the emotionally charged allegations that you face. With so much at stake, you need to know that you can count on your attorney to fight with you through every step of the process. Call 972-423-4405 today for a free consultation or send an online message to learn more.