Indecent assault is a sexually-based offense, but it differs from sexual assault. As defined by Texas Penal Code 22.012, indecent assault involves non-consensual touching of another person’s anus, breast, or genitals, as well as exposing or attempting to expose these areas or causing another person to contact bodily fluids.

This law addresses acts of groping or inappropriate sexual contact, such as pinching or grabbing. For these actions to be considered a crime, they must occur without the victim’s consent, and the offender must have the intent to sexually arouse or gratify themselves or another person.

The following may be considered indecent assault under Texas law:

• Groping
• Unwanted fondling/touching
• Exposure
• Forced contact/touching
• Sexual coercion or intimidation
• Inappropriate conversations
• Use of bodily fluids (including blood, semen or saliva)

Note: It is also a crime to attempt to expose someone else’s private parts in public.

Punishment for Indecent Assault

This offense is a misdemeanor, resulting in a maximum fine of $4,000 and a jail sentence of no more than one year. While the offense is sexually based, a conviction will not require registration as a sex offender. However, if convicted, you may lose the right to carry a firearm for five years.

Defenses to Indecent Assault in Texas

Indecent assault is a crime of intent, which means you only commit this offense due to your intentional attempt to grope or otherwise make sexual contact with another person against their will. Incidental touching or accidentally exposing yourself to someone in public is not a crime.

In some cases, the allegations may be motivated by revenge or jealousy. Insufficient evidence is another defense strategy. Often, the State’s case is built entirely on the testimony of the reporting witness. These individuals rarely have insight into your thoughts or intentions at the time, and their testimony alone might not be enough to secure a conviction.

Indecent Exposure and Public Lewdness in Texas

Charges of indecent exposure and public lewdness often accompany allegations of indecent assault in Texas. Indecent exposure, outlined in Texas Penal Code Section 21.08, occurs when someone intentionally exposes their genitalia or anus in public to gratify sexual desire, classifying it as a Class B misdemeanor. This offense can result in up to 180 days in jail and a $2,000 fine.

Similarly, public lewdness, defined in Texas Penal Code Section 21.07, involves engaging in sexual acts in public spaces where others may be offended, classifying it as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.

Talk to an Indecent Assault Lawyer Immediately

Even though this charge is a misdemeanor, the outcome of your case could profoundly impact your quality of life moving forward. The social stigma that comes with a conviction can last far longer than any jail time or fines. It can also prevent you from maintaining steady employment or even impact where you are able to secure housing. Let the team at Barton & Associates, Attorneys at Law, PLLC, develop the strongest defense strategy possible in your case. Contact us right away to get started.