Of the many sex crimes, it’s indecency with a child that can easily capture media attention. You want to avoid getting caught in one as much as possible. However, what happens if you are? While you can always count on an experienced defense lawyer to help, you can also benefit from knowing some of the rules.
The laws can vary between states. If you’re living in Texas, these are what you need to remember:
What Is Child Indecency?
Under the Texas law, a person commits a crime called indecency with a child, who is no more than 17 years old, if:
- The offender engages in sexual contact with a child.
- The suspect causes or stimulates the child to engage in sexual contact with them.
- The person encourages the child to expose their private parts, such as genitals or anus, for the sexual gratification of the offender.
- The offender displays their private parts to the child.
The offender in child indecency may or may not know the age of the child. They also don’t need to be a registered sexual offender.
Is Child Pornography a Crime of Child Indecency?
Based on the definition of the laws and crimes, they don’t refer to the same thing. However, a Houston child pornography attorney is likely to specialize in other child-related crimes like indecency.
The law enforcement may charge you with a child pornography case if you possess such illicit materials or shot such materials with minors. You are in possession if you have the actual control, custody, care, or management of the videos, audio, or photos (or a combination of these).
The prosecution needs to establish a link between these materials and you before you can be charged with the crime.
How about Child Sexual Assault?
Child indecency is different from a sexual assault, although it’s not uncommon for a sexual assault attorney Houston has to be well-versed in both crimes.
A sexual assault happens when the person engages in a sexual interaction or contact with a child without their permission. The child in this situation is someone who is no more than 14 years old or disabled. An example is when the offender touches the private parts of the minor despite the latter’s objections.
When this assault results in an injury to the child, the crime becomes aggravated sexual assault. It is a first-degree felony and thus carries a more severe penalty of between 5 and 99 years in prison plus damages of $10,000.
Do You Need to Register as a Sex Offender?
It depends on the law and the ruling of the court. Usually, if you’ve been convicted of a sexual crime such as indecency with a child, you may need to add your name to the registry. You also need to update the information especially if you decide to move.
Having your name in the registry can have a profound impact on your life. You may struggle to get a job in a house, for example.
Working with a Houston child sexual assault attorney or child indecency defense lawyer like Paul Schiffer Law can help you a great deal, particularly if you are innocent of the accusations.
Texas has one of the most comprehensive laws on child abuse, and the penalties can be harsh and destructive to your life. Take advantage of your right to due process by having the right lawyer on your side. For more details, check it out at https://paulschifferlaw.com/sex-crimes-defense/child-indecency-contact/.