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According to court documents, 64-year-old Gustavo Martinez was charged with child indecency and given a $50,000 bond.
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Martinez was initially charged with an indecent exposure misdemeanor in 2022. However, further investigation determined it was a "felony specifically concerning children," Rebecca Marshall with the Harris County District Attorney's Office said.
Documents state on March 5, 2020, Martinez exposed his genitals, knowing that the child was present.
The 12-year-old's mother was allegedly informed of the incident and learned this had been going on for two years.
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Records show that Martinez would apparently ask the child to touch his penis and would leave toys along the backyard fence line.
"It was determined that child had been witnessing this for years, exposing himself and masturbating in front of her," Marshall said. "Given that behavior and that she was a minor, we upgraded to a felony."
Martinez is expected to be back in court in May.