What is Indecent Assault in Texas?
In the state of Texas, indecent assault is a serious crime that refers to the act of physically touching or exposing another person in a manner that is deemed indecent, unwanted, or offensive. The laws surrounding indecent assault are complex, and the penalties can be severe, even including imprisonment.
Defining Indeccent Assault in Texas
Indeccent assault is typically defined as the intentional or knowing touching of another person with the intent to arouse or gratify sexual desire, even if there is no actual sexual contact. The act can include physical contact, such as kissing, fondling, or hugging, or exposure of one’s body parts.
Types of Indeccent Assault
In Texas, there are two primary types of indecent assault:
- Aggravated Indecent Assault: This is considered a more serious offense, carrying a higher penalty, typically involving the intentional touching or exposure of another person while using force or coercion, or when the victim is under the age of 17.
- Common Indecent Assault: This is a lesser charge, typically involving touching or exposure without force or coercion, and without any intent to harm the victim.
Elements of Indeccent Assault
For an individual to be charged with indecent assault, the prosecution must prove the following elements:
• Unwanted touching: The victim did not consent to the touching or exposure.
• Intent: The accused intended to arouse or gratify sexual desire through the touching or exposure.
• Lack of consent: The victim was unable to give valid consent due to circumstances, such as age, mental incapacitation, or being physically helpless.
Consequences of Indeccent Assault
The consequences of being convicted of indecent assault in Texas can be severe, including:
• Fines: Up to $10,000 or more
• Prison time: 2-20 years or life imprisonment
• Community supervision: 2-10 years
• Registration as a sex offender: Mandatory for 15-25 years
• Loss of professional licensure: Indecent assault can lead to loss of professional licenses, including those in education, healthcare, and law enforcement
Defenses to Indeccent Assault Charges
While the evidence may appear overwhelming, there are defenses to indecent assault charges in Texas:
• Lack of consent: The victim was able to give valid consent.
• Self-defense: The accused was defending themselves from harm or reasonably believed they were in imminent danger.
• Insufficient evidence: The prosecution lacks sufficient evidence to prove the elements of the crime.
• Entrapment: The accused was induced or tricked into committing the act.
Penalties for Indeccent Assault
The penalties for indecent assault in Texas are typically divided into two categories: first-degree and second-degree charges.
| Charge | Description | Penalty |
|---|---|---|
| First-degree | Using force or coercion | 2-20 years |
| Second-degree | Non-violent | 2-10 years |
Conclusion
In Texas, indecent assault is a serious crime that carries significant consequences. If you or someone you know is accused of indecent assault, it is crucial to consult with an experienced attorney to understand the charges, evidence, and potential defenses. A skilled lawyer can help mitigate the consequences of a conviction and protect your rights.
