The Fifth District Court of Appeals has reversed the 2021 conviction of a Hunt County man

we conclude there is no evidence to establish that appellant acted with the requisite intent, we reverse and acquit.”

In or around the fall of 2020, Brandon Kempf, who lived in Royse City, sought counseling through his church regarding thoughts and feelings he was having about his young son. The person from the church contacted the Royse City Police Department and gave an affidavit of the conversations.  Kempf cooperated with the investigators and provided his cellphone, computer, and drives for examination. No evidence was found on any of these devices.  Despite no physical evidence, a Hunt County Grand Jury indicted Kempf on two counts of indecency with a child by sexual contact, and in a separate session, a year later indicted Kempf on a third charge of continuous sexual assault of a child.  Kempf pled not guilty to all three charges and waived his right to a jury trial. Judge Andrew Bench, of the 196th District Court, dismissed the third charge and found Kempf guilty of the original two charges.  Judge Bench imposed a sentence of four years in prison and lifetime registration as a sexual offender.  Kempf filed an appeal and remained out on a $200,000 bond.

The Fifth District Court of Appeals found that the indictments and convictions were not consistent with previous cases and that a person having thoughts or feelings about a situation does not constitute a crime.  On June 13, 2022, the Appeals Court issued a full acquittal on both convictions.   Kempf is no longer facing prison time, nor will he have to register as a sex offender.