If someone is convicted of multiple counts of indecency with a child, the trial judge has discretion (power) to order the sentences to be served consecutively (stacked) as long as there is "some" evidence that the offenses occurred after September 1, 1997, which is the date of the Texas Legislature amended the Texas Penal Code allowing cumulatio...
Indecency with a child by contact is a felony of the second degree, which is punishable by a fine up to $10,000, between 2 and 20 years in prison, or both. Indecency with a child by exposure is a felony of the third degree, which is punishable by a fine up to $10,000, between 2 and 10 years in prison,...
James Luster is a Tarrant County criminal defense lawyer with an office in downtown Fort Worth, only a few blocks from the criminal courthouse (Tim Curry Criminal Justice Center). He has a lot of experience defending sex crimes, including Indecency with a Child charges.
There are two types of indecency with a child: 1) by sexual contact and 2) by exposure. Indecency with a Child by Contact. This offense occurs when a person engages in sexual contact with a child younger than 17 years of age and who is not the person’s spouse and/or who causes the child to engage in sexual contact.
2 to 10 yearsIndecency with a child by exposure In Texas, this crime is a third-degree felony, which is less severe than a second-degree felony. Upon conviction, the punishment for indecency with a child by exposure is a prison sentence of 2 to 10 years, a fine of as much as $10,000, or both.
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.
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.
Continuous sexual abuse of a child is invoked if the minor is under the age of 14 years. This crime is persecuted as a first-degree felony in Texas. The sentence is 25 to life without the possibility of parole. In addition to jail time, you could also be fined up to $10,000.
Penalties for Indecency with a Minor Indecency with a child by exposure is a felony of the third degree punishable by between two to 10 years in prison, a fine up to $10,000 or both. Related charges can include sexual assault of a child.
Second Degree Felony Punishment – Texas Penal Code § 12.33 Depending on a person's criminal history, probation (Community Supervision) or deferred adjudication may be an option for a 2nd Degree Felony in Texas. The length of probation may be from 2 years to 10 years.
Second degree felonies are a type of serious crime in Texas. Convictions for second-degree felony offenses carry a minimum of 2 years in jail. The prison sentence can last as long as 20 years. Fines of up to $10,000 are also possible.
If the touching between the minor and the adult (the kiss) was done in an intimate manner, then the adult could be prosecuted. People want to split hairs about whether the kissing was intended to be “intimate.”
"Indecency" or "lewdness" usually includes an element of lustful or sexual indulgence on the part of the defendant. For example, engaging in sexual intercourse in a public place definitely satisfies this requirement. Other public sexual acts may also fall within the definition of lewd or indecent behavior.
According to Texas' Romeo and Juliet Law, anyone between the ages of 14 and 17 can legally give consent to have sex with someone within 3 years of their age. This means that an 18-year-old and 15-year-old would be able to have consensual sex under Texas law without it being considered a child sex offense.