This is often called “flashing” or “indecency with a child by showing.” In Texas Indecency with a Child by Exposure is a serious felony and can carry with it lasting effects in the event of a conviction. Although this charge is not as serious as Indecency with a Child by Contact where physical contact must have been made it is still a very serious and should be defended with the best possible legal defense. As with any allegation, it is extremely important to get an experienced attorney on your side as quickly as possible. If you are accused of a sex crime against a child in Houston, you should contact The Scheiner Law Group and speak to one of our Legal Team who will answer initial questions and let you know the best possible course of action to take.
Our Legal Team led by Grant Scheiner is Board Certified and has vast trial experience defending the legal rights of those charged with Indecency with a Child by Exposure. It is important to talk only with someone on your side and not to offer or give any information to law enforcement or prosecutors under any circumstances.
About Indecency with a Child by Exposure
In Texas, Indecency with a Child by Exposure is a Third Degree Felony, punishable by 2-10 years imprisonment and a fine of up to $10,000. Tex. Pen. Code § 21.11 (a) (2). The offense usually requires 10-year registration as a sex offender. (Lifetime registration is required if the accused has a prior “reportable” sex offense.)
The prosecution must prove the child complainant was age 16 or under at the time of the alleged offense. The accusation involves a person’s exposure of the anus or any part of the person’s genitals, knowing a child is present; or, causing a child to expose the child’s anus or any part of the child’s genitals.
The crime requires proof of the person’s intent to arouse or gratify the sexual desire of any person. It is an affirmative defense that the person accused was not more than three years older than the complainant and that no force, duress or threat was used.
Protect your Reputation
Even the allegations of sexually based crimes carry a potentially lasting effect on your life, and your reputation is worth protecting. Often false accusations are made and you need someone who will thoroughly investigate the facts and bring them out in your defense. Misinterpretation or ill will toward someone can be potential arguments against alleged offenses and you need an attorney who can create doubt in the minds of the jury.