From Michael Jackson to Anthony Kiedis, celebrities, just like any other citizens have been charged with sex crimes.
Many do not know what an indecency by exposure means, perhaps because every household has different perceptions towards nudity. Nudity, for instance, can happen in different ways. There are families who are committed nudists and spend time among nudist communities and visit ‘clothing optional’ beaches.
Some take nudist vacations and find it a natural way to live. Then there are women breastfeeding in public. Or doctors who need to undress children for medical examinations.
With all this being said, if you do not know the law, you may be completely unaware that your actions are tending to the illegal.
What is Indecency with a child by exposure?
Apart from the examples above, you could even have children in school showering after a gym class in the presence of not just other children but even adults and teachers. Are any of these situations considered as “Indecency”?
Indecency by exposure is when an adult exposes his or her genitals or anus to a child or makes a child to expose their genitals with the apparent intent of sexual arousal or gratification of the adult.
Sexual offenses are taken seriously, especially when it involves a child. In case of indecency by exposure, i.e. flashing the child, it is still termed as an offense even if the accused has not established any kind of contact with the child.
Penalties that you may face
By Texas state law, indecency with a child by exposure is a third-degree felony. This accounts for a punishment ranging from 2 to 10 years in prison and an additional fine of $10,000. This sex offense requires that an offender is registered for ten years. This may be aggravated to lifetime registration if the offender has been convicted of the same crime before.
Accusations of sexual crimes as their basis usually have a long-lasting and indecent effect on the quality of life. Make sure you have an excellent attorney to back you up and get you free. Sometimes, false accusations need to be assessed thoroughly before your attorney can make his case.
Defense against a sex offense charge
False allegations in this charge can happen easily. The reason – a child is very susceptible to what an adult is telling them.
Most of the time, there isn’t any proof except what the child’s version is, which also serves to sway the jury. However, here are some defenses that one can take.
- Lack of intent
- An individual with mental illness or disability
- The age of the accused – a child is less likely to be indecent or think of sexual gratification compared to an adult.
- The accused was not more than three years older than the child
- The accused did not use any threats or cause any bodily harm to the child
- The accused was the opposite gender than that of the child.
- The accused was not a registered sex offender by the State or Federal law.
Don’t risk your present and future. If you feel you’ll be accused or already are, you need to hire the right lawyer. Contact us today for a free consultation!