What Is Classified as
Indecency With a Child?
"Indecency with a child" is the legal term Texas uses to refer to acts of sexual assault, molestation, or sexual misconduct against a minor. The child must be under 17 years of age and not be the accused's spouse. Indecency with a child is a criminal offense regardless of whether the child is of the same or opposite sex as the person who committed it. The Texas Penal Code defines two different types of this sex crime:
Indecency With a Child by Contact
A person commits this offense if they engage in sexual contact with a child or cause a child to engage in sexual contact. "Sexual contact" is defined as:
- Any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or;
- 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 a person.
Indecency With a Child by Exposure
A person commits this offense if, with intent to arouse or gratify the sexual desire of any person, they:
- Expose the person's anus or any part of the person's genitals, knowing the child is present, or;
- Cause the child to expose the child's anus or any part of the child's genitals.
Your Rights Are On the Line
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Being convicted of a felony offense can have far-reaching effects on your life and livelihood, even past a prison sentence. As a felon, you will no longer have the right to vote or possess a firearm. You may also have difficulty finding steady employment and housing, which is already challenging when you are a registered sex offender. All of this makes abundantly clear how important it is to have a defense lawyer on your side as soon as possible.
Your First Step: Call a Lawyer Paul Doyle Is Ready to Hear Your Side of the Story
We are ready to meet you for a completely confidential consultation at no cost to you. It's in your best interest to secure an attorney as soon as you can, so send a message to our Houston, TX, office or call today.
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View on GoogleAffirmative Defense Strategies
Our Attorney Can Use in Your Favor
An affirmative defense presents additional facts that justify the defendant's actions rather than simply refuting, or negating, the prosecution's allegations. These are two affirmative defense strategies that apply to cases involving indecency with a minor.
"Romeo and Juliet" Law
This affirmative defense applies if you weren't more than three years older than the alleged victim at the time of the incident, you were not required to register as a sex offender at the time of the offense, the alleged victim was of the opposite sex, and you did not use duress, force, or threats against the alleged victim. All four points must apply for this defense to be workable. Paul Doyle can access court, medical, and police records to create an accurate narrative of the incident.
Spousal Relationship
It is an affirmative defense if you were legally married to the alleged victim at the time of the incident. In Texas, those between 16 and 18 years old must have parental permission or a court order granting permission to marry. Emancipated minors of 16 or 17 years old can marry after showing proof of emancipation. Those under 16 must have a court order. Paul Doyle can prove that your spouse was of legal age to marry at the time of your marriage and that your marriage is legally valid.
Other Potential Defense Strategies
Misidentification
Eyewitness accounts are notoriously unreliable, especially if some time has passed since the date of the alleged offense. Paul Doyle can highlight inconsistencies in eyewitness statements to present reasonable doubt.
Credibility
Accusers in these cases are often very young and may misremember an interaction or be influenced by a third party to make a claim against you in retaliation. Paul Doyle can investigate records and social media activity to build evidence in your favor.
Lack of Sexual Intent
Sexual intent must be proven to secure a conviction for indecency with a child. Paul Doyle can argue that the contact was accidental or not meant to arouse or gratify the sexual desire of any party.
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"Paul Doyle & Associates are very professional and know how to get favorable results. Despite the obstacles, Paul Doyle worked arduously and diligently resulting in my case being dismissed. Special thanks to Paul, Trevor and Maria for your courtesy and professionalism. I highly recommend Paul Doyle & Associates if you find yourself in need of an awesome criminal defense attorney. Thanks again!"
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