In Texas and the Houston area, one of the most commonly charged sex crimes is indecency with a child. Indecency with a child can be committed through sexual contact or exposure involving a child under 17, but in either case, indecency with a child is a very serious offense with the possibility for prison time, sex offender registration and a permanent criminal record.
Sex offenses are highly specialized and if you are charged with any sex offense, or are under investigation, it is critical to speak with an experienced sex crimes attorney right away. Attorney Jose Ceja regularly defends sex offenses throughout the Houston area and has obtained excellent results for his clients. Mr. Ceja is a former prosecutor and Board Certified in Criminal Defense by the Texas Board of Legal Specialization.
How are indecency with a child cases charged?
Under Texas Penal Code 21.11, a person can commit indecency with a child by engaging in sexual contact with a child (known as “indecency by contact”), or exposing themselves to, or causing the child to expose their anus or genitals (known as “indecency by exposure”). A child is defined as any person younger than 17 years of age.
Under the indecency statute, “sexual contact” is broadly defined to include any touching of the anus, breast or any part of the genitals of the child, with the intent to arouse or gratify the sexual desire of any person, including touching through the clothing. Indecency by contact is a second-degree felony punishably by 2-20 years in prison and a $10,000 fine. Indecency by exposure is a third-degree felony punishable by 2-10 years in prison and a $10,000 fine.
Is indecency with a child subject to sex offender registration?
In Texas, both indecency with a child by touching and indecency with a child by exposure are subject to sex offender registration if a person is convicted or placed on deferred adjudication. Indecency with a child by touching is subject to lifetime sex offender registration, while indecency with a child by exposure is subject to 10-year registration (unless the defendant has a prior conviction for an offense requiring registration). The period of registration would begin after the term of probation or prison is complete, although a person on probation would have to register while on probation.
Sex offender registration can be highly intrusive and require a person to regularly register with law enforcement and cause a person’s photograph and personal information to be published on websites and search engines run by the state. Sex offender registration can also limit where a person may live or work.
Can you be placed on probation for indecency with a child?
It depends. In Texas, there are two form of probation (also known as community supervision) – regular probation and deferred adjudication probation. The eligibility rules for each type of probation are different. It is also important to understand that the laws for probation eligibility frequently change and it may be necessary to consult the law in effect at the time the offense was allegedly committed to determine whether probation is an option in an indecency case.
Under current law in Texas, prior to trial, a judge may place a person charged with either form of indecency with a child on a deferred adjudication probation, regardless of the age of the child. However, if the case goes to trial and the defendant is convicted a judge may not place a defendant on any type of probation for indecency regardless of the age of the child, and a jury may only assess probation if the child is not under 14 (in a criminal trial in Texas, a defendant can choose whether to go to the judge or jury for punishment in the event of a guilty verdict).
Of course, the goal of an indecency with a child case is to obtain a dismissal or a “not guilty” verdict. However, an effective criminal defense attorney should also do whatever is possible to increase the likelihood of probation in the event of a guilty verdict, whenever that is an option.
How are indecency with a child cases defended?
Indecency with a child cases should be defended proactively. This means that a sex crimes defense attorney should conduct a thorough investigation of the accusation and the accuser in addition to obtaining evidence from prosecutors. Of course, the nature of the exact defense raised in a sex crimes case, including an indecency with a child case, will vary depending on the nature of the evidence. But generally, a sex crimes attorney should work with an investigator to interview any witnesses with relevant information (typically the police do a one-sided investigation that is only meant to develop evidence of guilt) and gather records, such as school records, CPS records, or therapy records. Mr. Ceja and his staff are fluent in Spanish and work with some of the best Spanish speaking investigators and experts in Houston to defend sex crimes.
The most common defense in an indecency with a child case is that the incident did not actually happen and that the allegation has been fabricated or that the child is mistaken about what occurred. To support a claim of fabrication, it is critical for a sex crimes attorney to investigate the background of the child, the family dynamics and potential motives to fabricate. Certain facts – like a lack of fear a child exhibited towards the person accused – can be important as they are inconsistent with abuse. In some cases, it may be necessary to work with a psychologist who can assist with analyzing the statements given by the child for evidence of coercion or suggestion, and to discuss psychological phenomena that can lead to false accusations, such as false memories.
In Texas, there is also a statutory defense to indecency with a child known as the “Romeo and Juliet” defense for consensual sex between young people who are close in age. Under Texas Penal Code 21.11(b) it is a defense to indecency with a child that the defendant was not more than three years older than the victim, did not use duress, force or a threat and was not a registered sex offender.
What should I do if I have been falsely accused of indecency with a child?
If you have been accused of any sex crime, including indecency with a child, it is important to speak with an experienced sex crimes attorney as quickly as possible. The actions you take – or do not take – after an accusation can make a difference in the ultimate outcome of your case. In some instances, it is possible to proactively build a defense and gather evidence of your innocence, but it is not advisable to take any action without speaking to an experienced sex crimes attorney first.
What should I do if I am under investigation for indecency with a child?
If you have been accused of sexual abuse, it is likely that the police will want to speak with you and take your statement. Prior to making any statement to the police whatsoever, it is very important to speak with an experienced sex crimes attorney to understand your rights and the risks involved in speaking to the police, even if you are innocent.
It is important to understand that if the police have enough evidence to charge you (and in sex crimes cases all that is typically required is an accusation from a child), then it will usually not matter what you say. On the other hand, if the police lack evidence to charge you with a sex crime, then by speaking to them you may be providing them the evidence they needed to charge you. The unfortunate reality is that unless the accusation from the child is completely outlandish and improbable (if not impossible), the police will take any sex accusation made by a child as true and will generally only be concerned with gathering evidence of guilt, not exonerating a suspect. As a result, any statement you make could be given the worse possible interpretation and could hurt a case in ways that cannot be known at the time the statement is made.
In the United States and Texas, a suspect of a criminal offense has an absolute right to refuse to speak to the police. This right is so strong that the fact that you did not speak cannot be used of evidence of guilt in a trial, and prosecutors are not even permitted to comment on the fact that you refused to speak to the police. The right to remain silent applies in all criminal cases, including sex crimes like indecency with a child.
Is it possible to protect your record against an indecency with a child charge?
In Texas, sex cases are some of the challenging and difficult criminal cases to defend. However, with the right attorney and strategy it is possible to protect your freedom and your record against a charge of indecency with a child. Although no one can predict what will occur in your case, the goal is to avoid prison, sex offender registration and protect your record. If your indecency case is dismissed or you are found, “not guilty” at trial, you may be eligible to obtain an expunction of the arrest, which is the best possible result in a sex case in Texas as it causes records of the arrest to be destroyed.
If you are under investigation for a sex offense, or have been charged with indecency or any other sex offense, it is critical to speak to an experienced sex crimes attorney as quickly as possible. Call Ceja Law Firm today for a free consultation. Mr. Ceja and his staff are fluent in Spanish and regularly assist the Hispanic community with strong defenses in sex cases.