Sex crime laws in Texas can be confusing and frequently misinterpreted. Many people only hear the term and think of violence and assaults, but sex crimes are much broader in the eyes of the law. There is a spectrum to sex crimes, and if you are facing such charges or know a friend or family member who is, finding out what the law says is a first step.
Texas is the most populous state in the South-Central region of the United States. The city is renowned for its iconic map, rich history, unique culture, and diverse cities. The courts of Texas that take sex crime charges seriously, even the mere allegation of a sex crime, can leave a lasting aftermath for many years.
Long prison sentences, mandatory sex offender registration, and enormous harm to personal and professional lives can come after convictions. This is no small matter for anyone accused of a sex crime. So you should start searching for the best Texas sex crime lawyer near you to find the right legal support in your locality.
A reasonable attorney will help you understand the sex crime charges, protect your rights, and help you build a strategy based on your side of the facts.
What is a Sex Crime in Texas?
Sex crimes are defined under the Penal Code in Texas and are extensive. Here are some common examples:
- Sexual Assault: Any non-consensual sexual act, including rape. Aggravated Sexual Assault: The same as above, but with aggravating factors, such as possession of a weapon, threats, or harm to a child.
- Indecency with a Child: Any act of sexual contact with a minor or exposing oneself to a child.
- Online Solicitation of a Minor: Using the internet or a telecommunications device to entice a child.
- Public Lewdness: Engaging in or appearing to engage in sexual acts while in a public place.
- Indecent Exposure: Exposing one’s genitals with the intent of arousing or offending another person.
- Possession or Distribution of Child Pornography: Possessing or distributing child pornography.
The state considers each of these offenses a serious crime, and the consequence will depend on the facts of the case.
Felony Sex Crimes vs. Misdemeanour Sex Crimes
Not every sex crime has the same level of charge; there are misdemeanours and felonies in Texas.
- Misdemeanour offenses usually involve public lewdness or indecent exposure. A misdemeanour can result in up to one year in jail or a fine.
- Felony offenses are classified as sexual assault, child-related offenses, or pornography-related offenses. Felonious conduct can result in several years in prison or life confinement, along with sex offender registration.
That is a big difference. A misdemeanour can still negatively affect your record, but a felony conviction usually alters your future.
Consent and Age
Two significant factors in many cases are consent and age.
- If a person cannot give consent due to age, intoxication, or disability, the law treats the act as a crime.
- Texas has a legal age of consent set at 17 years old. Any sexual activity with someone younger is considered statutory, even if the younger person appeared to agree.
This is where many people get caught up. Relationships that feel consensual to the individuals involved can still violate the law.
Your Possible Legal Consequences
Texas sex crime penalties generally include the following serious consequences:
- Indecent Exposure: up to 180 days in jail and fines.
- Sexual Assault: Second-degree felony. Up to 2 to 20 years in prison.
- Aggravated Sexual Assault: First-degree felony. 5 to 99 years or life in prison.
- Child Pornography: by file: Up to 2 to 10 years plus fines.
Aside from possible prison sentences, almost all sex conviction penalties require mandatory registration as a sex offender, a public listing that restricts where you can live, work, and travel.
Your Defenses Available in Sex Crimes
These cases are severe, but sometimes, a defense may be available. Some common defenses include:
- Lack of evidence or contrary evidence from a witness.
- Wrong identity or wrong information.
- Consent (if legally allowed).
- Entrapment in some online cases.
An experienced criminal attorney should examine how the evidence was obtained, and can discuss how believable/unbelievable the evidence admitted is.
Why These Cases are Still Complicated
Unlike a lot of other crimes, sex crime cases can rely to a significant degree on testimony with little or no physical evidence, and one allegation results in the serious potential of arrest. In addition, much of the evidence is digital, like text messages or social networks. Therefore, any potential defense you may have will rely on the details you gather and that it was thought out.
Key Takeaways
- Texas has defined sex crimes more broadly than just physical acts: Texas has defined sex crimes by actions and by conduct in the electronic world.
- The consequences may vary from misdemeanours to felonies, including lifetime felonies.
- Consent and age of consent are typically at the heart of the issues.
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