What Does Indecent Assault Mean - Have you been accused or the victim of indecent assault? The world's view of what is socially acceptable or not is constantly changing. Behavior that was once considered "norm" can now lead to charges of indecent assault or sexual assault.
How do you know when a touch crosses the line of pleasure or sympathy and becomes offensive? Assault occurs when the recipient's contact is unwanted and intended to provide sexual gratification.
What Does Indecent Assault Mean
According to the FBI, Texas is the 15th most dangerous state for sexual assault and rape. It is essential that everyone is aware of Texas law regarding indecent and sexual assault.
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Both indecent assault and sexual assault involve sexual contact without the consent of another person. Indecent assault is a lesser offense and primarily treats assault as a crime.
Enacted in September 2019, the Texas Penal Code went into effect as set forth in Texas Penal Code §22.012. The Code classifies touching in the following areas without permission:
A layman's definition of this law is obscenity. This means that if you reach out and pinch someone's behind or grab their breast or penis, you could be indecently assaulted.
Violation of this penal statute is a Class A misdemeanor. If convicted, the offender could be fined up to $4,000 and sent to jail for up to 365 days. Convicted persons cannot own firearms for five years.
What Are Indecent Assault Charges In Texas?
Violating this penal code does not require you to register as a sex offender.
Statutes related to sexual assault are found in Texas Penal Code §22.011. The criteria for assault of this nature is a person who intentionally penetrates another person's genitals, anus or mouth without their consent.
The law applies if a person's genitals, anus or mouth are made to come into contact with the offender or another person without consent.
Victimization factors are the same if the victim is a minor child or threatens violence against the victim or someone known to the victim. Consent is absent if the victim is unconscious or physically unable to resist the attack, or if they are mentally incapable of making an informed decision about consent.
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The law also refers to people who have public services, who are mental health providers or who work in health care, who are practitioners or teachers or clergy. Law includes an extensive list of other professions.
A conviction under this section of the code is a felony of the 2nd degree. You face 2-20 years in prison and a fine of up to $10,000
The Texas statute for aggravated sexual assault is found in Penal Code §22.021. A violation of this Act occurs when a person knowingly:
The same type of communication is prohibited when directed at a minor. Penalties for sex crimes are generally more severe if the victim is minor, elderly or disabled, or mentally or physically weak.
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The law also mentions bodily injury to the death of the victim during sexual assault. Actions such as physical injury to the victim or someone they know, kidnapping, death, or the use of a weapon during the assault increase the severity of this crime.
Aggravated sexual assault is a first degree felony. If convicted, you face 5 to 99 years in prison. You can be fined up to $10,000.
No matter what type of sex crime you are charged with, you need a sexual assault attorney on your side. In this specialized area of law they are well versed in the legal process, discovery and conduct of criminal investigation.
Texas decriminalized battery in 2019. Prior to September 2019, Texas was one of six states that did not have a law regarding non-sexual acts or non-intrusive stories. A perpetrator is only considered guilty if the victim is sexually assaulted or the victim is under the age of 17.
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Before you passed the new law, if you were in a public park and grabbed someone's breast, their assault charges would lead to a ticket for assault by offensive contact. The charge is a Class C misdemeanor, carries a fine of $500, and carries no risk of arrest or jail time.
The Texas Legislature has recognized the need to close these statutory sexual assault loopholes. The new law increases the severity of the crime to a Class A misdemeanor.
Prior to September 2019, Texas was one of six states that did not have a statute related to sexual acts or penetration. A perpetrator is only considered guilty if the victim is sexually assaulted or the victim is under the age of 17.
If you have any indication that someone is accusing you of indecent assault or sexual assault, call Galion Company LLC. Our attorneys have experience and knowledge in sex crime defense. We offer a free consultation and case review to those who call us, and once you hire us, we start your case right away. Our goal is to prevent or reduce the possibility of you being charged with a sex crime.
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Your defense attorney knows that if you're facing an indecent assault charge, the attorney must prove that your intent was to sexually assault yourself or another person. They must also prove that the relationship was not consensual. Don't assume that just because you haven't experienced sexual recovery that they will lose their case. You must develop a strong defense because the long-term consequences are severe.
Even after serving your sentence in jail or prison, you must register as a sex offender. This requires you to fill out a sex offender registration form, describe your offense and the name of the victim, and have your photograph and fingerprints taken.
Your registration requires you to provide other information such as where you work, your name, date of birth and your home address. Depending on the facts of your faith, registration may be a lifelong requirement.
Sex offender laws can restrict where you live, access to social media, ability to own a firearm, enroll in higher education, obtain certain types of licenses, obtain and maintain employment, and more.
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If you have any indication that someone is accusing you of indecent assault or sexual assault, call Galion Company LLC. Our attorneys have experience and knowledge in sex crime defense.
We offer a free consultation and case review to those who call us, and once you hire us, we start your case right away. Our goal is to prevent or reduce the possibility of you being charged with a sex crime.
Schedule an appointment to discuss your case. Use our online form or call (214) 432-8860. The sooner we start closing your case, the more likely you can avoid fines, jail time, and sex offender registration requirements.
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What Is An Indecent Assault
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