Very Important, you need to speak with an experienced CPS lawyer or criminal defense lawyer before interviewing with a criminal investigator or an investigator/caseworker with CPS. Your statements in these interviews may cause damage to your criminal case and CPS case. Please always remember that if you are being investigated in this situation, It is your right to say that “you would like to consult an attorney.”
Under Section (a)(1) of Penal Code 21.11, You may be charged with indecency with a child if you are accused of engaging in non-penetrative sexual contact with someone under 17 years of age. The State of Texas is required to prove beyond a reasonable doubt that the alleged touched a child’s private areas (anus, genitals, or breasts) either above or under the child’s clothing, and this contact was intended to arouse or gratify their sexual desires, or that the alleged touch a child with their own anus, genitals, or breasts.
Under Section (a)(2) of Penal Code 21.11, a person may be charged with the crime of Indecency With a Child if they do the following for arousal or gratification:
- Exposes their genitals or anus when knowing a child is present
- Causes a child to expose the child’s anus or genitals
The charge for Indecency by Exposure is a 3rd degree felony without any prior criminal history.
Criminal Penalties for Indecency With a Child
Indecency with a child through sexual contact is a second-degree felony offense. The punishment range for this type of offense is up to $10,000 in fines and up to 20 years in prison.
Indecency with a child through exposure is a third-degree felony punishable by a fine of up to $10,000 and up to 10 years of incarceration. In addition to these punishments, if an individual is convicted of indecency with a child, they will be required to register as a sex offender.
For more information about our law firm and how we can help you defend against abuse or neglect to a child charges, contact our office. Call 817-617-8058 .
We represent clients in Dallas, Fort Worth, Dallas County, Tarrant County, Denton County, and all the surrounding areas.