Indecent assault is a fairly recent addition to the Texas criminal code. In effect only since September 2019, the crime is not a major crime in the when it comes to Texas sex-related crimes, but it is not something to sneeze at, either. Any crime that can send you to jail, cost you thousands of dollars, or both, is not something to take lightly. So, what is indecent assault? What does it entail, and what are the consequences? As a fairly new crime in Texas, it is likely that many Texas residents, perhaps even most, have never heard of it. If you are charged with indecent assault, you need a good defense lawyer.
Indecent Assault is a Sex Crime
The acts criminalized under the indecent assault statute are sexual in nature, but do not entail sexual assault. The statute criminalizes touching certain private body parts under specific circumstances. There are several specific body parts enumerated in the statute and touching any of them would get you slapped if you tried touching them on a first date. Under the indecent assault statute, the consequences are considerably more severe. The elements of indecent assault that the prosecutor must prove beyond a reasonable doubt are that you:
- Without the other person’s consent
- With the intent to “arouse or gratify the sexual desire” of a person, including yourself
- Touch one of the named body parts of another person or touch another person using any of the named body parts, or
- Expose or try to expose any of the named body parts of another person, or
- Cause a person to come into contact with certain bodily fluids or secretions of another person
To obtain a conviction on the charge of indecent assault, the prosecution must show each of these elements: that you acted without consent, had the intent to arouse or gratify either yourself or another person, and that you touched, exposed, or attempted to expose the body parts identified in the statute, or caused the contact with the identified bodily fluids or secretions.
It goes without saying that the acts described in the statute are well-described by the name “indecent assault,” at least in the eyes of many people. On the other hand, there are people who willingly participate in all kinds of activities for sexual gratification. The prosecution must prove all elements of the crime, and consent therefore is likely to prove critical in a case of indecent assault.
Conviction on a charge of indecent assault is a Class A misdemeanor. Such charges carry a maximum sentence of up to a year in jail, a fine of up to $4,000, or both. That is a steep price to pay
Charged With Indecent Assault in Houston?
Sexual encounters can be fraught with legal risk. Much depends on whether everyone involved consents to what is happening. If you find yourself charged with indecent assault, that could be one of those situations. You will need an experienced defense attorney to help you get the best possible result in such a case. Contact the Madrid Law Firm. We have the experience to help you with your case.
