Overview of Sex Crime Charges in Texas

Murder and sex crimes are among the most harshly prosecuted criminal offenses in the state of Texas. In addition to the severe penalties for most sex crimes, many convicted sex offenders will be forced to participate in a sex offender registry that can potentially last a lifetime. Unfortunately, there are few distinctions for sex offender registration—a relatively minor offense can place you in the same category as those who have committed truly heinous sex crimes. If you are required to register as a sex offender after serving your sentence, you could find it difficult to find employment or housing and you could face persecution from other members of your community. Because the consequences for a sex crime conviction are so ominous, it is imperative that you speak to a knowledgeable Fort Worth sex crimes attorney from Burns & Davis as soon as you have been charged.

What Crimes Are Considered Sex Crimes?

The following are considered sex offenses in the state of Texas:

  • Sexual offenses against minors can include:
    • Aggravated kidnapping with the intent to sexually violate the minor
    • Sexual assault
    • Aggravated sexual assault
    • Compelling prostitution (sex trafficking)
    • Indecency with a minor
    • Possession of child pornography
    • Selling, distributing, or displaying sexually explicit material to a minor
    • Compelling a minor to engage in a sexual performance
    • Employing a minor to work in a sex-oriented enterprise
  • Public lewdness—engaging in sexual contact in a public place with a person, animal, or bird
  • Indecent exposure
  • Voyeurism
  • Improper teacher/student relationship
  • Invasive video recording
  • Sexual assault/rape
  • Aggravated sexual assault—can be charged when there is bodily injury, threats to cause death or bodily injury, kidnapping, the use of a deadly weapon, or when a date rape drug is used.
  • Prostitution
  • Prohibited sexual conduct (incest)
  • Distribution of obscene materials or participation in an obscene performance

Penalties and Punishment for Sex Crimes in Texas

Many, if not most sex crimes in Texas are felony offenses. Sexual assault is a second-degree felony, punishable by a maximum fine of $10,000 and from 2-20 years in prison. Aggravated sexual assault is a first-degree felony, punishable by a maximum fine of $10,000 and from 5-99 years of prison. Prostitution and solicitation are typically charged as Class A or B misdemeanors, although in cases with extenuating circumstances or when children are involved, they can be charged as a state jail felony, or even a third, second, or first-degree felony.

Indecent exposure is typically a Class B misdemeanor, while public lewdness is a Class A misdemeanor. Child pornography as a first offense is usually charged as a third-degree felony, but if you have prior convictions, you could face second or first-degree felony charges.  Virtually any sex crime involving children will be charged as a felony offense.

Common Defense Strategies for Sex Crimes

While your specific defense will be determined by the facts and circumstances surrounding your charges, most sex crimes (except those involving children) hinge on the element of consent. If it can be shown that the sexual acts were consensual, it is unlikely you could be found guilty of the offense. Consent is not a defense if the victim was incapacitated, a minor, had a mental illness, or the consent was obtained by force, duress, or deception. Other common defenses to sex crimes include:

  • Actual innocence—you were falsely accused, or a witness mistakenly identified you
  • Insanity or involuntary intoxication—either you legally did not know the conduct was wrong or you can prove you were drugged or intoxicated by a method other than your own doing
  • Mistake of age is not an acceptable defense for most sex crimes, particularly when the victim is fourteen years old or younger. The mistake of age defense could help in obtaining a reduction in sentencing.
  • Police errors or violations of your rights
  • Improperly collected or stored evidence

FAQs

  • What should I do if I’ve been falsely accused of a sex crime? It is generally accepted that anywhere from 2-7 percent of sex crime allegations are false. While this is statistically low, if you are the one being falsely accused, it can be a gut-wrenching experience. Never think that because you are innocent you do not need strong legal counsel or that you can simply ignore the charges because you are innocent. Valid or not, the charges will not go away because you are innocent. Hire an experienced Fort Worth sex crimes defense attorney immediately. Don’t talk to the police until you have spoken to an attorney and do write down everything you can remember regarding the time the sex crime was supposed to have taken place.

 

  • Should I hire an attorney if I’ve been accused of a sex crime? There is absolutely no question as to whether you should hire an attorney after being charged with a sex crime. Just being charged with the crime can ruin your reputation and your ability to obtain employment or keep your current job. Hiring a Fort Worth sex crimes attorney from Burns & Davis ensures your rights are protected from start to finish, and that the outcome of your charges will be as positive as possible.

 

How Can a Fort Worth Sex Crimes Attorney from Burns & Davis Help?

Being charged with a Fort Worth sex crime can leave you extremely anxious about your future—with good reason. Once a Burns & Davis Fort Worth sex crimes attorney is on your case, we will start fighting for you with the fierce advocacy we are known for. You can rest easy, knowing that we will immediately begin an exhaustive search for evidence in your case and that we will build a solid case on your behalf. With more than a decade of positive results for our clients, we never back down—inside or outside the courtroom. Don’t face sex crime charges on your own—contact Burns & Davis today.