SAN ANTONIO Indecency With a Child LAWYERS
To prove the criminal offense of indecency with a child, the State does not have to prove that the defendant knew the victim was younger than 17. A mistake about the child’s age is not a defense to the charge.
The misdemeanor crime of indecent exposure under Penal Code § 21.08 can be a lesser included offense of indecency with a child. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless.
In some cases, indecency with a child is a lesser-included offense of aggravated sexual assault of a child when both offenses are predicated on the same act. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. 2009).
Attorney for Crimes of Indecency With a Child in San Antonio, TX
If you were charged with the felony offense of indecency with a child by conduct or exposure then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX. Don Flanary represents clients with sexually motivated crimes in Bexar County and the surrounding areas.
Call (210) 899-7566 today.
Indecency With a Child by Sexual Contact
Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. The elements of the crime include:
- the defendant engages in sexual contact with the child or causes the child to engage in sexual contact;
- the act is committed with a child younger than seventeen (17) years of age;
- the child is of the same or opposite sex.
If the breast of a female or the anus or genitals of anyone is touched, there is no crime unless the touching was done with the intent to arouse or gratify some person’s sexual desire.
The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. Touching of the “anus” means actual touching of the posterior opening of the alimentary canal and does not include buttocks. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. ref’d).
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Definitions for the Indecency With a Child Statute in Texas
The term “sexual contact,” means 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 with the intent to arouse or gratify the sexual desire of any person.
The term “spouse” means a person who is legally married to another.
A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct.
If you were charged with the serious criminal offense of indecency with a child by conduct or exposure, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Don Flanary is experienced fighting criminal charges for sexually motivated crimes throughout San Antonio, TX, and the surrounding areas in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest.
