Facing any type of criminal charge is stressful and frightening. But those emotions are compounded when you’ve been falsely accused of inappropriately touching a child in Texas. These charges carry a stigma and can affect your family and your career.

Unfortunately, anyone who has contact with children could face these allegations, including parents, childcare providers, and educators. Learn more about the laws surrounding child molestation and child sexual assault, including what to do and how an attorney can help.

Facing False Accusations of Child Molestation? 3 Things to Do

You may not know what to do or where to turn, especially if you’ve never dealt with the legal system before. There are 3 important steps you can take to help preserve your legal rights.

1. Take the matter seriously, no matter who is accusing you or how unfounded or ridiculous the allegations are. For example, these accusations are part of a seemingly unending smear campaign orchestrated by an angry co-parent.

2. Invoke your right to remain silent. Do not talk to law enforcement, even if they seem helpful or act like they are on your side. That includes refusing to voluntarily hand over your computer, phone, or other belongings. You do not have to participate in a search or search and seizure unless law enforcement has a search warrant.

3. Contact a criminal defense attorney today. You do not need to wait until formal charges or police questioning to do so. At the first hint of a false allegation, seek legal counsel.

How Does Texas Law Define Inappropriate Touching of a Child?

Several state laws pertain to an adult inappropriately touching a child. What differentiates each law from another is what type of touching allegedly occurred. 

§ 21.11.  Indecency With A Child includes acts of touching (even through clothing) and acts of exposure, but not penetration. The act must be carried out with the “intent to arouse or gratify the sexual desire of any person.” 

§ 22.011.  Sexual Assault includes acts of penetration.

§ 21.02.  Continuous Sexual Abuse Of Young Child Or Disabled Individual charges may be brought forth when “during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims.”

Is Indecency With a Child a felony in Texas?

Yes. Indecency With a Child is a second or third degree felony, depending on the exact nature of the charges. 

• The penalty for a second degree felony conviction is a prison sentence “of not more than 20 years or less than 2 years” and a fine of up to $10,000.
• The penalty for a third degree felony conviction is a prison sentence “of not more than 10 years or less than 2 years” and a fine of up to $10,000. 

Is Sexual Assault of a child a felony in Texas?

Yes. Sexual Assault is a first or second degree felony, depending on the exact nature of the charges. 

• The penalty for a first degree felony is a prison sentence “for life or for any term of not more than 99 years or less than 5 years” and a fine of up to $10,000.
• The penalty for a second degree felony conviction is a prison sentence “of not more than 20 years or less than 2 years” and a fine of up to $10,000.

Defenses to Child Molestation Charges in Texas

Your attorney can develop a defense strategy based on the specific details of your case. Two possible defenses are (1) the act never occurred, or (2) the act lacked criminal intent.

The alleged act never occurred

False allegations can arise during a heated divorce or child custody dispute. One parent may coerce or even threaten the child into lying about the other parent.

The alleged act lacked criminal intent

For example, charges of Indecency with a Child hinge on the actions being made with the “intent to arouse or gratify the sexual desire of any person.” Touching that was part of caring for the child, such as bathing or providing medical care, would not apply.

Why Hire Kent Starr, Plano Sex Crimes Defense Attorney?

Attorney Kent Starr serves his clients with empathy, skill, and experience. 

He genuinely cares about his clients. Mr. Starr knows that a criminal charge is more than a piece of paper. False allegations of child molestation create a ripple effect, tarnishing your reputation and that of your family. To add to the stress, these cases often face intense media scrutiny, especially if you’re someone who works with children in a professional capacity, such as a teacher, a childcare provider, or a coach.

He is not a plea bargain attorney. Many lawyers take on these types of cases, but not all are prepared to, or even willing to, go to trial. Some of these lawyers are inexperienced and intimidated, while others are simply lazy. Mr. Starr knows what’s at stake and is prepared to fight on your behalf for the long haul. His goal is the same as yours: to pursue the best possible outcome for your case. 

He has a long history of defending tough charges. Mr. Starr routinely represents clients facing some of the most serious charges in Texas, like Indecency with a Child and Sexual Assault. Just take a look at what his past clients have to say on Google and Avvo.

Call a Child Sex Crimes Defense Attorney Today

Have you been arrested for child molestation? As a bail bonds attorney, Mr. Kent Starr can negotiate the terms of your release and start legal representation. With offices in Plano and Frisco, he conveniently meets with clients throughout the Collin County area. Starr Law, P.C., is ready to take your call today at (214) 982-1408.

Sources

Texas Penal Code: Chapter 12. Punishments, Chapter 21. Sexual Offenses, & Chapter 22. Assaultive Offenses

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