Sex and Internet Crimes

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SEX and INTERNET CRIMES are on the rise in the United States. One reason is because many more resources are being devoted to the arrest and prosecution of alleged offenders.

INTERNET SOLICITATION

This is a new crime in Texas. This statute criminalizes the conveyance via the web of any obscene materials, photographs or language. The crime is more severe if the recipient is 13 years of age or younger. One troubling aspect of this statute is that it does not allow for "role play," fantasy or consensual dirty talk. In addition, the fact that the person who pretended to be a child is in fact a law enforcement officer is NO defense to the charge.

SEX WITH A MINOR

A person who commits any lewd or lascivious act upon or with the body of a child, with the specific intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or child.

Molestation is considered a Sex Crime. Other types of Sex Crimes include: Child Abuse, Child Enticement, Child Procurement, Child Exploitation, Date Rape, Failure to Register - Sex Offender Registration, Indecent Exposure, Internet Porn, Lewd and Lascivious Acts, Lewd Conduct, Molestation, Obscene Acts, Pandering, Pedophilia, Pimping, Child Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sexual Harassment, Sodomy, Statutory Rape, Violation of Sex Offender Registration.

Law Office of K.H. Haywood, P.C. Criminal Defense Attorneys, represents clients charged with Sexual Crimes in Federal, State, Juvenile and Military Courts nationwide. If you are charged with a Sexual Crime in the Federal, State, Juvenile or Military Court Jurisdiction, contact our firm for a free consultation.

Consequences for the conviction of Molestation may potentially include:

• Imprisonment
• Sex offender registration
• Loss of the right to vote
• Loss of the right to own a deadly weapon
• Probation or parole
• Mandatory AIDS testing
• Prohibition from being alone with minors
• Court ordered rehabilitation
• Significant fines
• Other

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on case
• Mitigating/aggravating circumstances
• Other

Defenses of Molestation may potentially include:

• Insufficient evidence
• Factual innocence/mistaken identity
• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Retain qualified counsel as soon as possible
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Early investigation and identification of all facts helpful to your defense
• Interview police to minimize or eliminate the case
• Interview the prosecutor to minimize or eliminate the case
• Interview all witnesses
• Reduce or eliminate bail requirements
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
• In appropriate cases, negotiate jail alternatives
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
• Coordinate a private lie detector test
• Develop appropriate motions to dismiss the case
• Develop appropriate motions to suppress evidence