Under Texas Law, a person can be found guilty of indecency with a child by exposure if either of the following criteria are met:
- A person knowingly exposes the anus or any part of their genitals to a child; or
- A person causes a child to expose their anus or any part of their genitals
What is indecency with a child by exposure in Texas?
Under Texas law, indecency with a child by exposure occurs when a person exposes the anus or any part of the genitals in the known presence of a child or causes the child to expose his or her anus or any part of their genitals “with the intention to sexually arouse or gratify any person’s sexual desires.”
What is indecency with a child by contact?
Indecency with a child by contact happens when a person engages in sexual contact with anyone less than 17 years of age. In this context, sexual contact means that the perpetrator either touched the child’s private areas or used their genital parts, breasts, or anus to touch the child.
What is indecency by exposure?
Indecency by exposure is a felony by third degree and carries a two- to ten-year prison sentence, up to $10,000 in fines, or both. Indecency with a child by contact happens when a person engages in sexual contact with anyone less than 17 years of age.
How do you get a conviction for indecency with a child?
In order to obtain a conviction for Indecency with a Child, the state’s lawyers must prove that the victim was under 17 years old and that the molestation was either by “exposure” (Indecency – Exposure) or by sexual “contact” (Indecency – Contact). What is the current Texas law about Indecency With a Child?
What is the sentence for indecency with a child in Texas?
between two to 20 yearsUnder Chapter 12 of the Texas Penal Code, the criminal charge of indecency with a child by contact is a felony of the second degree, punishable by between two to 20 years in prison, a fine of up to $10,000 or both.
Can you get probation for indecency with a child in Texas?
If a person pleads "Guilty" or "No Contest" to Indecency with a Child, the judge can place the person on Deferred Adjudication Community Supervision (Probation) instead of sending the person to prison.
What does being sentenced for indecency mean?
In law, an indecency is an illegal sexual act.
How do I prove indecency with my child in Texas?
Texas Law Regarding Indecency With a Child A person may be convicted of indecency with a child if it can be proved beyond a reasonable doubt that they touched the genitals, breast, or anus of the child, either above or under the child's clothing, and this contact was intended to arouse or gratify their sexual desires.
Can a convicted felon get custody of a child in Texas?
The answer to this question is yes, it is possible for someone who has been convicted of a felony to gain custody of their child in a divorce case.
What age can kids go to jail in Texas?
In Texas, a person can be charged in a juvenile court for criminal offenses committed on or after his 10th birthday. These offenses can range anywhere from a class C misdemeanor up to and including capital murder.
What is an example of indecency?
If you tell dirty jokes or deeply offend a friend, you could be accused of indecency. Swearing on a radio broadcast or showing an extremely violent scene in a movie meant for kids are both examples of indecency that are punishable by law.
What sentence do you get for indecent exposure?
Generally, common penalties for this offence are fines and community orders. However, the maximum sentence for an indecent exposure conviction is 2 years imprisonment. This is reserved for the most severe of cases.
What happens if you get charged for indecent exposure?
A conviction for exposure (previously known as indecent exposure) will potentially have very serious consequences including a conviction for a sexual offence, a requirement to sign on as a registered sex offender and a possible prison sentence.
At what age will a judge listen to a child in Texas?
12In the state of Texas, a child's decision cannot be the sole factor in determining which parent the child lives with. When the child reaches the age of 12, upon motion, the court can consider the child's wishes when it comes to who they will live with.
How does Texas determine child custody?
Generally, the way custody is decided in Texas is that the court will look at which parent has been doing those things most of the time, and unless there is a good reason to do otherwise, that parent will be made the primary conservator of the child.
How many years do child molestors get in Texas?
Child molestation and indecency is a felony. The accused can face a 20-year jail sentence if they're found guilty. Similarly, child pornography attracts 20 years behind bars. For aggravated sexual assault against a minor, the sentence is 99 years.
What crimes usually get probation in Texas?
If they break those conditions, they can be sent to jail. In Texas, probation is often referred to as community supervision....They include:burglary (Penal Code 30.02),aggravated kidnapping (Penal Code 20.04),aggravated robbery (Penal Code 29.03), and.indecency with a child (Penal Code 21.11).
Can you get probation for a 3G offense in Texas?
If convicted of a “3G” offense, in most cases, probation will not be an option, and you'll be required to serve at least half of your prison sentence before becoming eligible for parole.
What are the rules for Texas probation?
Generally, felony probation requirements in Texas require defendants to:Attend their regularly scheduled meetings with their probation officers –on time, every time. ... Maintain a job in a reliable and lawful occupation.Not break any laws. ... Not ingest alcohol, illicit drugs or other controlled substances.More items...•
Do you automatically go to jail for violating probation in Texas?
In many cases, when an individual violates straight probation, they will be ordered to serve the remainder of their sentence behind bars. In some cases, you may have to serve the entire maximum sentence.