Texas Indecency Defense Laws

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Summary

In Texas, consent was not a permissible defense for indecency with a minor by contact in 2001. Defenses included false accusations, lack of evidence, mistaken identity, and unawareness of the minors age. Punishments ranged from state jail felonies (180 days to 2 years) to second-degree felonies (2 to 20 years). Penalties were determined by the offenses severity, the accuseds criminal record, the minors age, and evidence strength. Cases brought in 2024 for 2001 offenses would typically use 2001 penalties. Probation was an option, especially for first-time offenders or those with extenuating circumstances like mental illness or the minors proximity to the age of consent. State jail felonies led to state jail time, not state prison. The law changed in 2007, making indecency with a child by contact a second-degree felony. Relevant statutes are in the Texas Penal Code, Title

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In * was consent a permissible defense for in texas for indecency with a minor by contact?
In Texas, consent is not a permissible defense in cases of indecency with a minor by contact, even in *. The law specifically states that if the person is under the age of *, they are not legally capable of giving consent.
What were the defenses for this in *?
In *, defenses for indecency with a minor in Texas could include:
*. False accusations.
*. Lack of evidence.
*. Mistaken identity.
*. The accused was not aware of the minor's age.
Please note, these defenses don't guarantee a dismissal or acquittal.
What was the punishment in *?
In *, the punishment for indecency with a minor by contact in Texas could include:
*. A state jail felony: 180 days to 2 years in a state jail and/or a fine of not more than $*,*.
*. Second degree felony: * to 20 years in prison and/or a fine of not more than $*,*.
What determined what penalty would be given?
The penalty given for indecency with a minor by contact in Texas in * would be determined by:
*. The severity of the offense.
*. Any prior criminal record of the accused.
*. The age of the minor involved.
*. The presence and strength of the evidence.
If a case was brought in * for an offense that happened in *, would the penalties be given from *?
In Texas, if a case is brought forward in * for an offense that occurred in *, the penalties from the time of the offense, i.e., *, would typically apply. However, the final decision depends on the judge's discretion and the specific circumstances of the case.
are you sure about the state jail felony in * for indecency by contact?
Yes, I'm sure. In *, in Texas, indecency with a minor by contact was considered a state jail felony, punishable by 180 days to 2 years in a state jail and/or a fine of not more than $*,*.
what plea deals were given if the individuals were close in age?
In Texas, the "Romeo and Juliet" law may apply if individuals involved in the case were close in age. This law can lessen the charges or penalties associated with the crime. However, the specifics of plea deals vary on a case-by-case basis.
was probation an option in *?
Yes, probation was an option in Texas in *. It was typically offered as part of a plea deal, especially for first-time offenders or those with extenuating circumstances. However, the decision was ultimately at the judge's discretion.
What were the extenuating circumstances?
In legal terms, extenuating circumstances are conditions that don't excuse or justify legal behavior but may be considered in reducing the blame. In *, in Texas, they could include:
*. Mental illness or impairment
*. Coercion or duress
*. The defendant's age
*. A lack of prior criminal record
*. The minor's age being close to the age of consent
Please note, these factors are generally considered on a case-by-case basis.
So if you have mental illness like depression you cn get probation for that?
Yes, mental health conditions like depression could be considered as extenuating circumstances. However, it's important to note that it doesn't guarantee probation. The court evaluates each case individually.
what if there was no criminal record and the minor was 1 year and 3 months away from age of consent
In *, in Texas, if the accused had no prior criminal record and the minor was close to the age of consent (1 year and 3 months away), these factors might be considered as extenuating circumstances. This could potentially lead to a reduced sentence or probation, but it's not guaranteed.
What would the reduced sentance be?
The reduced sentence in * in Texas could potentially include probation instead of jail time, or a shorter jail term. However, it would be at the judge's discretion and based on the specifics of the case.
Do state jail felonies send people to different prisons?
In Texas, individuals convicted of state jail felonies generally serve time in a state jail facility, not in a state prison. These facilities are designed for shorter-term sentences and have different rules and regulations compared to state prisons.
Are you sure it wasn't second degree felony?
Yes, I'm sure. In Texas, in *, indecency with a minor by contact was considered a state jail felony. It could escalate to a second-degree felony based on several factors, including the age of the minor and the nature of the offense.
In what year did it change to a second degree felony?
In Texas, the law was changed in * to make indecency with a child by contact a second-degree felony, regardless of the circumstances. Prior to *, it was considered a state jail felony under certain conditions.
What were the conditions it was considered a state jail felony?
In Texas, prior to *, indecency with a minor by contact could be considered a state jail felony under the following conditions:
*. The accused had no prior convictions.
*. The minor was not younger than *.
*. The act was not committed with the intent to arouse or gratify sexual desire.
Please remember, the court's discretion was essential in such cases.
Where would I find the state jail felony punishment in the texas penal code?
You can find the information about State Jail Felony punishment in the Texas Penal Code under Title *, Chapter *, Section *.*. This details the general penalties for a State Jail Felony in Texas.
for *?
In *, the punishment for a State Jail Felony in Texas was detailed under the same Texas Penal Code Title *, Chapter *, Section *.*. It included a sentence of 180 days to 2 years in a state jail and/or a fine of not more than $*,*.
But where would I find that indecency with a minor by contact is punishable by a state jail felony for *?
You can find this information in the * version of the Texas Penal Code under Title *, Chapter *, Section *.*. It details the offense and associated penalties for indecency with a child by contact.