What are Sex Crimes under Texas Law?
Sex crimes, or sexually related criminal offenses, under Texas law cover many different situations, with many different punishments. Sex crimes involving minors, for example, include as a punishment the listing of the convicted person on a public list -- the registered sex offenders' list. Aggravated sexual assaults and rapes can result in felony charges and long prison sentences. In Texas, sex crimes include criminal charges for:
- Sexual assault and continuing sexual contact
- Rape
- Aggravated sexual assault
- Child molestation
- Statutory rape
- Indecency with a child
- Indecent exposure
- Public lewdness
- Obscenity
- Possession of pornography
- Possession of child pornography
- Promotion of child pornography
- Solicitation of a child
- Online solicitation of a child (under age 17)
- Improper photography or visual recording
- Prostitution
- Promotion of prostitution
- Compelling prostitution
- Obscene display or distribution
There may also be corresponding criminal charges under federal law, depending upon the circumstances. Federal law and state law work together in defining and prosecuting sex crimes. For example, Megan's Law (registering sex offenders) and Amber Alerts (public notification of missing children) originated as federal laws and now have Texas state law components. Certain sex crimes (second conviction or continuing course of sexual contact) require a MINIMUM of 25 years in the penitentiary upon conviction.
How A DFW LAWYER Familiar with representing Sex Crimes Can Help YOU
The penalties for all types of sex-related crimes and offenses are among the most severe in Texas law. This is particularly true if a child is involved, or if the circumstances were violent. Do you know that most sex related crimes require registration as a sex offender if you receive probation? You may even have to register as a sex offender even if you were never convicted and the judge never even made it a condition of probation to register. You need a lawyer who is experienced, honest and aggressive in defending these cases.
Don't end up a registered sex offender for the rest of your life. Having a criminal lawyer at your side can be very important as you face these types of serious criminal allegations. Sex crimes are extremely serious criminal charges. Criminal defense attorney Katheryn H. Haywood can advise you concerning all of the consequences of a conviction or probation in any sex-related criminal offense, and answer questions for you such as:
- Is registering as a sex offender for the rest of your life an option?
- Is being required to admit to crimes you believe you never committed -- just to complete probation -- an option?
As a former Felony Assistant District Attorney with the Dallas County District Attorney's Office, defense attorney Katheryn Haywood has the training and experience you need to fully investigate and evaluate the sex-related criminal charges that you are facing. In fact, Katheryn is hired on many of these cases by other attorneys to assist with trial, not only because she is experienced, passionate and personable. but because she is female. Make no mistake the image of a woman defending a man of the most heinous crime one can be accused of can be a telling sign to a jury.
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.
The Law Office of Katheryn Haywood 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
Sexting
If you do not know what this is, your son or daughter is at risk. Sexting is a common practice among teenagers wherein they send explicit photos to one another via cell phone or Face Book or email. It may be a photo they received. But by passing the photo along, they are committing a crime if the photo depicts a minor. How serious is this? It is a felony and requires your son or daughter to register as a Sex Offender. Is that serious enough?
Know your rights; Know your jury pool and Know your attorney will work to keep your child's immaturity from destroying their future.
