Indecent Assault - Most people understand that intentionally causing bodily harm or serious injury to another person is a criminal offense. But what about some of the issues that may be less obvious? For example, harassing or attempting to expose someone without their consent may result in criminal charges under Texas law. Although your intentions may not be malicious, touching another person without satisfying a sexual desire can lead to a charge of indecent assault. Here's what you need to know if you've been charged with indecent assault in the Pearland or Houston area.
Section 22.012 of Title 5 of the Texas Penal Code reads: "A person commits a crime if, without the consent of another person and with the intention of causing or satisfying the sexual desire of another person, that person: (1) touches. Anus, breast or any part of another person's genitals; (2) touching another person's anus, breasts, or any part of another person's genitalia; female genitalia, pubis, anus, buttocks, or areola." A person can also be charged with indecent assault if they force another person to expose themselves to blood, saliva, urine, or other bodily fluids.
Indecent Assault
Until September 2019, acts classified as indecent assault were charged as a Class C misdemeanor. This meant that if convicted, the person would usually face a $500 fine. However, Texas lawmakers amended the law to classify indecent assault as a Class A misdemeanor. Those convicted of indecent assault now face up to a year in jail and up to a $4,000 fine. In many cases, someone charged with obscenity also faces other charges, such as indecent exposure or public indecency. You may be charged with indecent assault, other charges, or both.
Virtual Indecent Assault
Indecent assault, like other sexual crimes, can be difficult to navigate. As you face an uncertain future, you may also feel confused, have strained relationships with family or friends, and damage your reputation. Call an experienced criminal defense attorney as soon as possible to review your situation and make sure your rights are protected. You don't have to go through this difficult time on your own. your attorney will be with you to answer your questions and concerns every step of the criminal justice process.
For reliable and trustworthy criminal defense services in the Pearland area, call the Law Offices of Keith G. Allen, PLLC today at (832) 230-0075 for a free consultation. The latest crime of sexual assault, you may feel shame and anxiety. Whether you intend to plead guilty or not guilty, you are probably concerned about the consequences of such a charge against you. You may be questioning the definition of sexual harassment and wondering how to file a case against you. You may wonder how the judge will handle your case, whether you will go to jail, and how much punishment you may face. This article defines the new offense of sexual assault and defines the former offense of indecent assault. It describes sentencing guidelines for the offense of sexual assault and provides examples of the types of cases that can be charged under the offence.
Sexual harassment is an offense of sexual contact as defined in section 3 of the Sexual Offenses Act 2003.
The crime of sexual assault occurs when a person intentionally sexually assaults another person without their consent and without a reasonable belief that they consented.
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The question of when touching is sexual is defined by law in Section 78 of the Sexual Offenses Act 2003. It states that penetration, touching or any other act is sexual if a reasonable person would consider it to be. The act may be sexual in nature or because of the circumstances surrounding it, or because of the motive of the accused in committing the act.
Consent is consent to an activity by choice where a person has both the freedom and mental capacity to make a choice. For consent to sexual activity to be valid, the person giving consent must understand what is happening so that they can make an informed choice to consent. This means, for example, if a person is drunk or under the influence of drugs, they may lose the capacity to consent.
The legal age of sexual intercourse is sixteen. If the victim is under the age of sixteen, the law says that he is incapable of consent, even if he consents to the activity. If the victim was under the age of thirteen, then a separate, more serious crime applies: sexual assault on a child under the age of 13.
If you have read about aggravated sexual assault online, you should know that aggravated sexual assault is not a crime under the law in England and Wales. It is recognized as a crime in some other jurisdictions, such as some states in the United States of America.
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Sexual assault has replaced the old crime of indecent assault. Indecent assault was criminalized under the Rape Act 1956, which has now been repealed. For offenses committed before 2003, when the new "sexual harassment" law came into force, you can still be prosecuted for indecent assault. For example, in recent years there have been numerous criminal investigations into alleged sex crimes committed in children's homes between the 1940s and 1990s. Where the alleged offenses occurred after 1956 but before 2003, they will be charged with indecent assault as it applies at the time of the offence.
Gross indecency is another old offense which no longer exists in the law of England and Wales. It was never defined by law, however, it was a term used to criminalize sexual activity that was considered morally objectionable. It was often used to prosecute homosexual activity between men at a time when homosexuality was illegal. It usually refers to intercourse that does not coincide with sex.
2003 on sexual crimes the law criminalizes consensual sex between adults, which was previously criminalized under gross obscenity laws. Non-consensual sex or sex with children, which were considered gross indecency, are now prosecuted under crimes such as rape and child sex.
2003 on sexual crimes the law stipulates that the maximum penalty for sexually assaulting a person over the age of 16 is 10 years in prison. The minimum penalty is a community order or a fine. The court will determine the length of the sentence based on the guilt of the defendant and the harm caused to the victim.
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Factors that suggest high culpability include a significant degree of planning. committing crimes against others; Breach of trust or criminal record (eg by mobile phone). Racially or religiously motivated crimes, or crimes motivated by hostility toward the victim based on disability or sexual orientation, will also be considered more serious.
When considering the harm done to the victim, factors such as kidnapping, serious psychological or physical harm, and forced entry make the crime more serious. Touching bare genitals or breasts will also be considered more harmful than touching any other part of the body or clothing.
For example, a crime where an offender breaks into a vulnerable person's home, sexually assaults them and films it is likely to carry a minimum sentence of 4 years in prison for a sex offence. Violators will also likely be subject to additional penalties for the violation. Conversely, a crime that occurred in circumstances where two adults acted consensually, but one withdrew their consent and the other did not stop touching them at their request, is likely to be a year or more, with a lesser term of imprisonment. , or a higher level community order. See sentencing guidelines here for more details.
The crime of sexually assaulting a child under the age of 13 is punishable by a maximum of 14 years in prison. The lowest sentence is the community order. The offense will be taken more seriously when the child is particularly young or vulnerable.
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For example, an adult who sexually touches a child under the age of 10 will receive a longer prison sentence than a 14-year-old who sexually touches a 12-year-old who claimed to be his girlfriend and said consent was given. activity. While 12 is considered too young to consent, it can lead to this.
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