As a criminal defense attorney, I frequently encounter clients charged with various offenses, including assault. In Texas, the law distinguishes between different types of assault, each carrying different penalties. One such offense that has recently come to the forefront is indecent assault. This blog post aims to shed light on what indecent assault is and what the consequences of this charge can be.
Previously, the conduct that is now classified as indecent assault was considered a class C misdemeanor, which is the same as a traffic ticket. However, in September 2019, the Texas Legislature created a new offense for this type of conduct. Under the current law, indecent assault is aimed at conduct that is offensive and sexual in nature but falls short of the conduct required for sexual assault.
(a) A person commits an offense if, without the other person’s consent and with the intent to arouse or gratify the sexual desire of any person, the person:
(1) touches the anus, breast, or any part of the genitals of another person;
(2) touches another person with the anus, breast, or any part of the genitals of any person;
(3) exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks, or female areola; or
(4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.
This offense is considered a class A misdemeanor, which is the most serious type of misdemeanor offense in Texas. A conviction for indecent assault can result in up to one year in jail, a fine of up to $4,000, or both.
While a conviction for indecent assault can carry severe consequences, the offense is not registerable as a sex offender under Texas law. However, that doesn’t mean that a conviction won’t carry serious long-term consequences, such as difficulty finding employment, loss of certain civil liberties, and social stigma.
If you are facing charges of indecent assault in Texas, it is important to seek legal representation as soon as possible. At Thornton Criminal Defense, we have extensive experience defending clients against all types of criminal charges, including indecent assault. San Antonio Criminal Defense Attorney Brad Thornton is dedicated to providing personalized and aggressive representation to each of our clients, and we will work tirelessly to protect your rights and fight for the best possible outcome in your case. At Thornton Criminal Defense, we offer free consultations to all potential clients. Contact us today at 210-439-5627 to schedule your consultation and learn more about how we can help you.