Being accused of child molestation can have life-altering consequences. You can ruin your professional and personal reputation in an instant. Furthermore, you may also have to live with being a registered sex offender for the remainder of your life.
In Texas, the laws addressing child molestation reflect the state's serious commitment to protecting minors. If you are currently under investigation for child molestation in Texas, our Bryan and College Station criminal defense attorneys at Shane Phelps Law are ready to protect your rights and future.
With more than three decades of experience, our Bryan child molestation attorneys can evaluate your case and determine your legal options to obtain the most favorable outcome possible.
Schedule your complimentary consultation today.
What is Child Molestation in Texas?
Texas law recognizes child molestation under categories such as Indecency with a Child and Continuous Sexual Abuse of a Young Child or Children.
Indecency with a Child pertains to inappropriate contact or exposure, defined as any contact between the genitals of one person and any part of the body of a child or the exposure of one's genitals to a child aimed at sexual gratification.
Continuous Sexual Abuse of a Young Child or Children addresses committing multiple acts of sexual abuse against one or more children under 14 for at least 30 days. This law targets ongoing abusive behavior, highlighting the severe impact on the victims.
More About Child Molestation Laws in Texas
Child molestation laws in Texas are detailed in Chapters 21 and 22 of the Texas Penal Code. These sections of the law define unacceptable behaviors and their consequences, establishing a clear legal foundation for prosecution and defense strategies.
For example, Texas Penal Code § 21.11 (Indecency with a Child) specifies behaviors considered offenses and outlines potential penalties.
What Are The Consequences of Child Molestation in Texas?
The consequences of child molestation in Texas include long-term imprisonment, substantial fines, and mandatory sex offender registration.
The severity of penalties varies, with factors such as the child's age, the nature of the conduct, and the accused's prior criminal history influencing the outcome.
Child molestation cases are complex and sensitive, demanding a thorough understanding of the legal definitions that guide prosecution and defense tactics.
It is also vital for individuals involved in such cases to comprehend their rights and the legal mechanisms in place to ensure a fair process.
What Are the Penalties for Child Molestation Charges in Texas?
In Texas, charges of child molestation are typically classified as second-degree felonies under sexual assault, carrying significant legal consequences, including a prison sentence of 2 to 20 years and a fine of up to $10,000.
However, when the victim is younger than 14 years old, the offense escalates to aggravated sexual assault, a first-degree felony.
This more severe classification can result in even harsher penalties, including a potential prison sentence of up to 99 years or life imprisonment, highlighting the critical need for experienced legal defense.
How Can a Criminal Defense Attorney Help with Child Molestation Charges?
A skilled criminal defense attorney in Bryan, Texas, can offer essential support to someone facing child molestation charges, a scenario marked by complex legal challenges and profound personal consequences. Here’s how an experienced lawyer can assist:
1. Legal Representation and Strategy Development
A Bryan criminal defense attorney can provide experienced legal representation, ensuring that the accused's rights are protected throughout the legal process.
The attorney will develop a robust defense strategy based on the case's specifics. This strategy might involve challenging the prosecution's evidence, cross-examining witnesses, and presenting alternative theories that support the client's innocence.
2. Navigating Complex Laws
Child molestation laws in Texas are complex and carry severe penalties. An attorney well-versed in these laws can navigate through the intricacies of the legal system, ensuring the accused understands the charges, the potential outcomes, and the legal proceedings that lie ahead.
3. Preparing for Court Appearances
From arraignments to hearings and trials, a defense attorney will prepare and guide the accused through each court appearance.
This preparation includes advising on plea options, discussing potential plea bargains with the prosecution, and fully preparing the client for the trial process.
4. Evidence Management
Gathering and managing evidence is crucial in any criminal defense, especially in sensitive cases like child molestation.
A defense attorney will conduct a thorough investigation to collect and preserve evidence that could support the defendant’s case.
This may include surveillance footage, DNA evidence, witness statements, and expert testimonies.
5. Mitigating Penalties
If the evidence against a client is overwhelming, an attorney might work to mitigate penalties, seeking reduced charges or alternative sentencing that may avoid jail time.
This could involve negotiating plea deals or advocating for rehabilitation programs instead of incarceration.
6. Ensuring Fair Treatment
A defense attorney ensures that the legal system treats the accused fairly. This includes protecting the client from unlawful police practices and prosecutorial overreach and ensuring that the jury selection and trial procedures are conducted fairly.
7. Emotional and Psychological Support
Facing child molestation charges can be emotionally devastating. A knowledgeable attorney can also help manage the stress and emotional strain of being accused of such a serious crime. They can provide or recommend professional support services, including counseling and therapy.
8. Protecting the Client’s Future
A conviction for child molestation can have long-lasting effects on a person’s career, family life, and reputation. An experienced attorney will work tirelessly to protect the client's future, aiming to prevent the lifelong consequences of sex offender registration or other penalties.
Legal experience, meticulous preparation, and compassionate handling of the case are all crucial roles played by a defense attorney in child molestation cases.
Anyone facing such charges should seek a qualified Bryan criminal defense attorney to ensure they receive the best possible defense and guidance through this challenging time.
Consult with Our Bryan Child Molestation Defense Attorneys Today
Facing allegations of child molestation can be daunting and have profound implications for your future.
Shane Phelps Law offers dedicated legal defense for those accused of such serious charges in Bryan, Texas.
Our firm brings decades of experience and a personalized approach to each case, ensuring your rights are defended vigorously.
Our track record of success in handling sensitive cases speaks volumes about our commitment to our clients.
Do not navigate this challenging time alone. Contact Shane Phelps Law for a complimentary consultation with our skilled child molestation defense attorneys by calling 979-475-7796.
We are here to help you achieve the most favorable resolution possible and safeguard your future.
Frequently Asked Questions About Child Molestation Laws in Texas
Here are seven frequently asked questions with answers to provide further insights into child molestation laws in Texas that weren't covered in the blog post:
What is the statute of limitations for child molestation charges in Texas?
The statute of limitations for child molestation in Texas depends on the severity of the charge. For most sexual offenses against children, survivors of childhood sexual abuse have 30 years from their 18th birthday to file a civil action.
For criminal sexual offenses against children, Texas does not have a statute of limitations, meaning a case can be brought up at any time when the victim is a minor.
Can someone be charged with child molestation if the act was reported years after it occurred?
In Texas, individuals can be charged with child molestation years after the event, especially if the victim was a child at the time of the offense.
This is because the statute of limitations does not begin until the victim turns 18 or, in some cases, may not apply.
Are there mandatory reporting requirements for suspected child molestation in Texas?
Texas law requires certain professionals, such as teachers, doctors, and therapists, to report any suspected child abuse or molestation to authorities immediately. Failure to report can result in criminal charges against the person who failed to report.
What legal defenses are available to those accused of child molestation in Texas?
Common legal defenses in child molestation cases include lack of intent, the possibility of false accusations, evidence of an alibi, and questioning the credibility of the accusation based on inconsistencies or lack of evidence.
How does Texas law protect the identity of child victims in molestation cases?
Texas law protects child victims by allowing court cases to be conducted without revealing the child's full name to the public and by possibly closing the courtroom during the victim's testimony to protect their privacy and emotional well-being.
What impact does being on the sex offender registry have on an individual?
Being listed on the sex offender registry can have significant social and legal consequences, including restrictions on where a person can live and work, public disclosure of their offender status, and ongoing reporting requirements to law enforcement.
Can victims of child molestation in Texas receive compensation?
Victims of child molestation in Texas may be eligible for compensation through the Texas Crime Victims’ Compensation Program, which can cover costs related to medical treatment, counseling, and lost income due to the crime.
Do not risk facing these serious charges and contact us immediately for a free case evaluation.