- Former Prosecutor – Major Crimes Division Chief
- Of Counsel – Houston Police Union
- Board Certified Sex Crime Specialist.
- “…one of the outstanding criminal defense attorneys in Houston…”-Houston Chronicle.
- ⭐️⭐️⭐️⭐️⭐️Rating on Google, Yelp, and Avvo.
- Indecency Criminal Defense Houston Attorneys
Contact our criminal defense firm to learn more.
Indecency Criminal Defense Attorneys – The Law.
Tex. Pen. Code 21.11. Indecency with a Child
(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
Indecency Criminal Defense Attorneys – Statutory Defenses.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
Indecency Criminal Defense Attorneys – Statutory Definitions.
(c) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of the person.
Indecency Criminal Defense Attorneys – Punishment Ranges.
An offense under (a)(1) is a 2nd Degree Felony (2 – 20 years in prison; up to $10,000 fine).
An offense under (a)(2) is a 3rd Degree Felony (2 – 10 years in prison; up to $10,000 fine).
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