Here's the story: You walk by a school playground on your way to the store, when all of a sudden a group of kids run up to their teacher and say you showed them an inappropriate body part. Now it's your word against a child's, and the odds are stacked against you.
Unfortunately, this narrative is one that happens all the time in America - and the endings are not always happy.
If you or a loved one have experienced this scenario first-hand or are in a similar situation, then you may be at a loss of what to do next. Confusion, despair and anxiety are just some of the emotions you may be feeling right now as this legal nightmare unfolds. You want to put this horrible chapter in your life behind you, but aren't quite sure how.
At the Neal Davis Law Firm, we understand the gravity of the situation and how you are feeling. If nearly 20 years of experience successfully representing clients in both state and federal courts has taught us one thing, it is the importance of acting quickly and judiciously when facing a serious sex offense charge like indecency with a child by exposure. We are prepared to pour decades of knowledge, experience and passion into your case in order to secure the best possible outcome.
Discuss your case with Neal Davis, an experienced and committed Houston child sex crime defense attorney, to take the next step towards resolving this nightmare. There's no cost, no commitment - this first one's on us.
Indecent exposure with a child present, and knowing what constitutes the crime of indecency with a child by exposure, can be confusing depending on the situation. For instance, what if a family has a relaxed attitude toward nudity in their home? Or what about breastfeeding mothers who feed their babies in public with other adults and children present? How about PE classes, medical examinations and sports teams where children have to change or shower in front of teachers, doctors and coaches?
Obviously, few of these scenarios listed above are considered indecency with a child by exposure.
So what exactly does indecency with a child by exposure mean?
The definition of indecency with a child according to the Texas Penal Code (Section 21.11) is as follows:
A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
When determining whether or not an act can be considered the crime of indecency with a child by exposure, the key phrase in the law is: “with intent to arouse or gratify the sexual desire of any person.”
If it can be proven that exposure occurred accidentally or without any sexual intent, then the charges may be dropped. If, on the other hand, the accused purposefully exposed himself/herself - or caused a child to expose himself/herself in order to obtain sexual satisfaction - then the crime of indecency with a child has occurred.
How many years in prison might I face if convicted of indecency with a child?
The first indecency with a child offense falls under the category of indecency with a child by contact and this is a more serious felony. The second crime is considered indecency with a child by exposure. While both are listed as a criminal offense according to Texas sex crime law, each charge has different punishments if convicted.
Indecency with a child by contact is a second-degree felony punishable by up to 20 years of incarceration, a fine of up to $10,000, or both. Indecency with a child by exposure is a third-degree felony, which in Texas means you could be sentenced to up to 10 years in prison and a fine.
Being convicted of either crime could also make you a registered sex offender for the rest of your life.
False allegations of indecent exposure with a child happen all the time - whether due to simple misunderstandings or a deliberate attempt to harm the reputation of another person because of a grudge. Also, children are highly susceptible to influence from adults, which means all child exposure allegations should be carefully investigated.
Indecency with a child by exposure cases often turn into a he said/she said argument in court, and the only evidence against a person is the child's account of what happened. Sometimes, though, that's all a jury needs to convict.
Plus, simply being charged with such a crime can cost an innocent person their job, reputation and social relationships if they don't have experienced legal representation on their side.
"This man saved my life from false imprisonment. Neal's belief in 'liberty and justice for all' as laid out in the Constitution of the United States, and especially as that principle relates to constitutional rights regarding the receipt of a fair trial, coupled with his refusal to quit fighting, are attributes of a noble spirit and a man of high character. When I interviewed Neal to defend me against very serious false accusations and criminal charges that followed, his candor about what I was up against and his real interest in my general welfare made choosing him to defend me a 'no brainer.' Hiring Neal after hearing Dick DeGuerin say 'Neal is a real fighter' was the best decision I could have made and this was after interviewing a number of attorneys. He cares about people, truth, and justice; an attorney who will not give up; a man who will defend the rights of anyone accused of a crime with every fiber of his being to ensure fairness and the protection of our legal rights."
When you or a loved one find yourself in the unfortunate circumstance of being charged with a child sex offense crime like indecency with a child by exposure or contact, it is time to take action by contacting an experienced sex crime defense lawyer immediately.
Neal Davis has nearly 20 years of experience handling cases like yours, and his proven record of success in both state and federal cases throughout Texas and the country is a testament to his high level of commitment when it comes to fighting for his clients' constitutional rights and the right to a fair trial. He is often able to resolve cases quickly and quietly, outside of court, so that his clients can close this difficult chapter in their life.
Contact Houston's Neal Davis Law Firm today to discuss your case and secure the best possible outcome in your Texas indecency with a child case.
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