Houston Indecency With A Child Defense Attorney

Indecency with a child is an offense which is quickly subject to judgment throughout the community.  However, it is important to consult with a criminal defense attorney as soon as possible after your arrest.  Keep in mind that an arrest is not yet a criminal conviction, and should therefore be treated as such. A defendant is innocent until proven guilty, and an experienced criminal defense attorney will assist in establishing a defense. A criminal conviction for indecency with a child comes laden with terrible consequences, as a felony offense. Contact a Houston sexual assault attorney today for more information.

Felony Offenses

Indecency with a child is a second-degree felony charge. While any arrest is cause for concern, felony arrests are especially important to handle as quickly and as efficiently as possible since felony convictions can have a drastic impact on your future.   

Felony offenses have large penalties and fines, compared to misdemeanor offenses. A second-degree felony offense can lead to up to 20 years in prison, a $10,000 fine, and a permanent mark on your criminal record. It will be difficult to maintain a job with a felony conviction, and you will be prevented from voting.  Therefore, it is important to take the adequate first steps as soon as possible after an arrest for supposed indecency with a child.

Further than that, sexual crimes have lasting repercussions beyond prison confinement and fines.  A convicted sexual offender must register in a nationwide directory, which also dictates where the individual can live. The registration of the sexual offender means that the public will be able to view where that individual lives for the rest of their life, and they will be constantly restricted. It is therefore extremely important to consult with an experienced criminal defense attorney as soon as possible after your arrest.

Indecency with a Child

Indecency with a child is defined as engaging in sexual contact with a child younger than 17 years of age.  This can include sexual intercourse or exposure. A criminal conviction often turns on the definition of “sexual conduct,” which is defined by the Texas Penal Code to include the following:

  • Any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child;
  • Any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

The Texas Criminal Appellate Court has considered the acts of persons arrested on “indecency with a child charges,” finding that the act must meet the above definition of sexual contact. The courts have also held that the defendant must know that a child is present, although the State is not required to show that the defendant knew the victim was underage.

If you have been charged with indecency with a child, do not hesitate to contact the law office of David A. Breston. David A. Breston has years of experience in defending his clients from claims brought against them.  Contact the law office of David A. Breston today for your initial free consultation.