There are a number of crimes that could be described as indecency with a child. However, this isn’t just a descriptive phrase but is a type of crime in and of itself. It is also a multifaceted crime, in that you could be charged with it in multiple circumstances.
Being charged with a crime against a child is a serious deal. The charge alone can have a grave impact on your quality of life or on how the people around you view you. It’s important to understand how indecency with a child works so that you can properly defend yourself against such a charge by working with an experienced attorney.
What Constitutes as Indecency With a Child?
You could find yourself charged with indecency with a child for two reasons, each of which implies untoward sexual advances. However, there does not have to be an explicit sexual goal. For example, cleaning a child’s genitals is a part of parenting when you have a small child but this same action could be seen as indecency with a child depending on the observer.
Indecency with a child constitutes:
- Engaging in Non-Penetrative Sexual Contact: This occurs when an adult engages with somebody under the age of 17 by touching their genitals, breasts, or anus. It doesn’t matter if the touching was above or below the clothes. It does need to be shown that the touching was sexual in nature, so defense is often predicated on the nature of the touching in general. The example listed above is one way in which an individual could be charged in this manner despite not being guilty of the crime itself.
- Exposing Sexual Body Parts: The other way of being charged with indecency with a child is to expose the genitals, breasts, or anus of a child or to expose those parts of yourself to a child. This is again with the goal of sexual arousal; this means, for example, that parents bathing with their children wouldn’t be guilty of this but that action could still lead to an accusation and a charge of indecency with a child.
Texas places harsh penalties on sexual crimes committed against children. Indecency with children through sexual contact is a second-degree felony offense that could see you fined up to $10,000 and facing up to 20 years in prison. Exposure is a third-degree felony; the fine is the same but you only face up to 10 years in prison. Either would require you to register as a sex offender.
What Should I Do If I’m Charged With Indecency With a Child?
The best thing to do is to reach out to Wilder Law Firm to learn more about how one of our experienced attorneys can help defend you against these charges. It’s always best to act fast so you can maximize the time available for investigation and evidence gathering so your attorney has a chance to craft the best defense possible. Reach out to us today to learn more.
What to Know About Indecent Exposure in Texas
Indecent exposure is one of those crimes that is almost perfectly described by the name it has been given. If you want to understand how indecent exposure works in Texas then it’s best to turn to Texas Penal Code Section 21.08 which reads:
“A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.”
There are a number of important takeaways from this description but first, let’s address what it gets wrong. This description uses a male signifier, so you may get the impression that this is a crime that only men can be convicted of. This is not the case at all. You can be convicted of indecent exposure regardless of your gender.
What we can take away from the penal code description is that indecent exposure occurs regardless of whether genitals were involved. Revealing a part of your genitals or even your buttocks can be enough to be found guilty of indecent exposure.
However, the most important aspect is that the act is done with the intent to arouse. This has a twofold meaning. It can be arousal through the act of indecently exposing yourself but it is also open to recklessness as an excuse. This means that if you were stripping down to have intimate relations with your partner but didn’t consider who was in the area that could have seen then there is a sexual nature to the nudity even if the indecent exposure only happened because you recklessly failed to consider who might see.
What Are the Penalties for Indecent Exposure?
Indecent exposure is a Class B misdemeanor. What type of penalties are going to come with a conviction of indecent exposure depends on factors such as your mental state at the time, your criminal history, and more.
If it is your first time being convicted of such a charge then you could face up to half a year in jail and a fine of up to $2,000. If it is a second or subsequent conviction then it will be upgraded to a Class A misdemeanor that could see you in jail for a year and paying a fine of up to $4,000.
This is a sex crime and so it triggers sex offender registration. However, registration is unlikely to be required for a first-time offense of indecent exposure. A second or further conviction is usually, though not always, necessary to require registration.
How Do I Fight an Indecent Exposure Charge?
The best way to fight against an indecent exposure charge is to work with Wilder Law Firm to craft a defense based on the specifics of your case. We’d love to give you more advice than that but an internet blog is unable to take into account the unique circumstances of your case; when you reach out to one of the talented attorneys, you’ll get detailed and personalized advice on what steps to take next as you fight against this charge of indecent exposure.