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Felony and Misdemeanor Sex Crimes under Texas Law
List of Sex Crimes in Texas
§15.031 – Criminal Solicitation of a Minor (Under 17) A person commits an offense if, with intent that of the following offenses be committed, the person attempts to induce a minor to engage in specific conduct that, under circumstances as the actor believes them to be, would either: 1. Constitute an offense under one of the following sections, OR 2. Make the minor a party to the commission of the offense under one of these sections: a. §21.11 (Indecency with a Child), b. §22.011 (Sexual Assault), c. §22.021 (Aggravated Sexual Assault), or d. §43.25 (Sexual Performance by Child) A person cannot be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the minor act on the solicitation. It is no defense to prosecution under this section that: 1. The minor solicited is not criminally responsible for offense solicited, 2. The minor solicited has been acquitted or been convicted for a different offense, or is immune from prosecution, 3. The actor belongs to class of persons legally incapable of committing the offense in an individual capacity, 4. The offense solicited was actually committed. An offense under this section is one category of punishment lower than the solicited offense. [Back to Index]
§20.04 – Aggravated Kidnapping A person commits an offense if he intentionally or knowingly abducts another person with the intent to violate or abuse him sexually. This is a first-degree felony unless the defense shows by a preponderance of the evidence that he voluntarily released victim in a safe place, in which case this is a second degree felony. First-degree felony: No more than 99 years or less than 5 years Second-degree felony: No more than 20 years or less than 2 years [Back to Index]
§21.06 – Homosexual Conduct* A person commits the offense if he engages in deviate sexual intercourse with another individual of the same sex. This is a Class C misdemeanor. Class C misdemeanor: Fine up to $500 This was declared unconstitutional by the United States Supreme Court in Lawrence v. Texas [Back to Index]
§21.07 – Public Lewdness A person commits an offense if he: 1. Knowingly engages in one of the following acts in a public place, OR 2. Engages in one of the following acts while reckless as to whether another is present who will be offended or alarmed: a. Act of sexual intercourse, b. Act of deviate sexual intercourse, c. Act of sexual contact, OR d. Act of sexual contact with a bird or animal. This is a Class A misdemeanor. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. [Back to Index]
§21.08 – Indecent Exposure A person commits an offense if he: 1. Exposes himself with intent to arouse or gratify the sexual desire of any person, AND 2. Is reckless as to whether another is present who will be offended or alarmed. This is a Class B misdemeanor. Class B misdemeanor: Fine up to $2,000 OR up to 180 days in jail OR both. [Back to Index]
§21.11 – Indecency With a Child (Under 17 years of age) A person commits an offense if, with a child not his spouse, he: 1. Engages in sexual contact with the child, OR 2. Causes the child to engage in sexual contact, OR 3. Exposes himself to the child with intent to arouse or gratify any person, OR 4. Causes the child to expose with intent to arouse or gratify any person. It is an affirmative defense to prosecution that the actor: 1. Is not more than three years older than the victim, AND 2. Is of the opposite sex, AND 3. Did not use force, threat of force, or duress against victim, AND 4. Was not required to register for life as a sex offender. Offenses 1 and 2 are second-degree felonies; offenses 3 and 4 are third-degree felonies. Third-degree felony: No more than 10 years or less than 2 years [Back to Index]§21.12 – Improper Relationship Between Educator and Student An employee of a primary or secondary school commits an offense if he engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person enrolled at the school where the employee works who is not the employee=s spouse. This is a felony of the second degree. Second-degree felony: No more than 20 years or less than 2 years If the conduct giving rise to a violation of this section would also be a violation of any other section, the actor may be prosecuted under either or both sections. [Back to Index]
§21.15 – Improper Photography or Visual Recording A person commits an offense if the person either: 1. Photographs or by other means visually records another a. Without the other person=s consent, AND b. With intent to arouse to gratify the sexual desire of any person OR 2. Knowing the character and content of the photograph or recording, promotes the photograph or recording. This is a state jail felony. State jail felony: No more than 2 years or less than 180 days in state jail If the conduct giving rise to a violation of this section would also be a violation of any other section, the actor may be prosecuted under either section. [Back to Index]
§21.011 – Sexual Assault A person commits an offense if he: 1. Intentionally or knowingly a. Causes the penetration of another person by any means without that person=s consent, OR b. Penetrates the mouth of another person without consent, OR c. Engages in sexual contact with another person without that person=s consent, OR 2. Intentionally or knowingly: a. Causes the penetration of a child by any means, OR b. Penetrates the mouth of a child, OR c. Causes a child to penetrate another party including the actor, OR d. Causes a child to engage in sexual contact with another person, including the actor. A sexual assault under Offense 1 is without consent if any of the following are true: 1. The actor compels victim to submit or participate through use of force. 2. The actor compels victim to submit or participate by threatening force against victim AND victim believes the actor has the ability to execute the threat. 3. Victim has not consented and actor knows victim is unconscious or physically unable to resist. 4. Actor knows that because of mental disease or defect at time of assault, victim is incapable of appraising nature of act or of resisting. 5. Victim has not consented and actor knows that victim is unaware that assault is occurring. 6. Actor has intentionally impaired victim=s ability to appraise or control conduct by administering any substance without victim=s knowledge. 7. Actor compels victim to submit or participate by threatening force against any person and victim believes actor has ability to execute the threat. 8. Actor is public servant who coerces victim to submit or participate. 9. Actor is mental health or health care provider who causes victim, who is current or former patient of actor, to submit by exploiting victim=s emotional dependency on actor. 10. Actor is clergyman who causes the victim to submit by exploiting victim=s emotional dependency on clergyman in professional character as spiritual adviser. 11. Actor is employee of facility (e.g. home for elderly or mentally disabled) where victim is a resident unless employee and resident are married. It is a defense to prosecution under Offense 2 that the conduct consisted of medical care for the child and did not include sexual contact between child and the actor or a third party. It is an affirmative defense to Offense 2 that the actor: 1. Was not more than three years older than victim at time of offense, AND 2. Was not required to register as a sex offender, AND 3. Victim was at least 14 years of age. This is a felony of the second degree. Second-degree felony: No more than 20 years or less than 2 years [Back to Index]
§22.021 – Aggravated Sexual Assault A person commits an offense if a person commits sexual assault and either: 1. Causes serious bodily injury or attempts to cause death of victim or another person during same criminal episode, OR 2. By acts or words places victim in hear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person, OR 3. By acts or words in presence of victim threatens to cause death, serious bodily injury or kidnapping of any person, OR 4. Uses or exhibits a deadly weapon in course of same criminal episode, OR 5. Administers rohypnol, GHB, or ketamine to victim with intent to facilitate the offense, OR 6. Victim is under 14 years of age, OR 7. Victim is elderly or disabled individual. This is a felony of the first degree. First-degree felony: No more than 99 years or less than 5 years [Back to Index]
§25.02 – Prohibited Sexual Conduct An individual commits an offense he knowingly engages in sexual intercourse or deviate sexual intercourse with: 1. His ancestor or descendant by blood or adoption, OR 2. Stepchild or stepparent, while marriage creating that relationship exists, OR 3. Parent’s brother or sister by whole or half blood, OR 4. Brother or sister by blood or adoption, OR 5. Children of brother or sister by blood or adoption. This is a felony of the third degree. Third-degree felony: No more than 10 years or less than 2 years [Back to Index]
§43.02 – Prostitution A person commits an offense if he knowingly either: 1. Offers to engage or engages in sexual conduct for a fee, OR 2. Solicits another in a public place to engage in sexual conduct for a fee. The offense is established regardless of whether the actor is to pay or receive the fee. If the actor has not previously been convicted under this section, this is a Class B misdemeanor. If the actor has previously been convicted once or twice under this section, this is a Class A misdemeanor. If the actor has previously been convicted three or more times under this section, this is a state jail felony. Class B misdemeanor: Fine up to $2,000 OR up to 180 days in jail OR both. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. State jail felony: No more than 2 years or less than 180 days in state jail [Back to Index]
§43.03 – Promotion of Prostitution A person commits an offense if, acting other than prostitute receiving payment for personally rendered services, he or she knowingly: 1. Receives money or other property pursuant to agreement to participate in proceeds of prostitution, OR 2. Solicits another to engage in sexual conduct with another person for a fee. This is a Class A misdemeanor. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. [Back to Index]
§43.04 – Aggravated Promotion of Prostitution A person commits an offense if he knowingly owns, invests in, or manages a prostitution enterprise that uses two or more prostitutes. This offense is a felony of the third degree. Third-degree felony: No more than 10 years or less than 2 years [Back to Index]
§43.05 – Compelling Prostitution A person commits an offense if he knowingly: 1. Causes another by force, threat, or fraud to commit prostitution, OR 2. Causes a child under 17 years old by any means to commit prostitution. This offense is a felony of the second degree. Second-degree felony: No more than 20 years or less than 2 years [Back to Index]
§43.21 – Definitions “Obscene” means material or a performance that: 1. The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex, AND 2. Describes or depicts: a. Sexual contact or sexual intercourse, OR b. Lewd exhibition of the genitals, OR c. A device designed and marketed for the stimulation of the genitals (obscene device), AND 3. Taken as a whole, lacks serious literary, artistic, political, and scientific value. “Promote” means to manufacture, issue, sell, provide, distribute, or offer or agree to do the same. “Wholesale promote” means to promote or agree to do the same for the purposes of resale. [Back to Index]
§43.22 – Obscene Display or Distribution A person commits an offense if he: 1. Intentionally or knowingly displays or distributes obscene material, AND 2. Is reckless about whether a person is present who will be offended or alarmed. This offense is a Class C misdemeanor. Class C misdemeanor: Fine up to $500 [Back to Index]
§43.23 – Obscenity a. A person commits an offense if, knowing its content and character, he: 1. Wholesale promotes any obscene material or device, OR 2. Possesses with intent to wholesale promote any obscene material or device. Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony. State jail felony: No more than 2 years or less than 180 days in state jail c. A person commits an offense if, knowing its content and character, he: 1. Promotes any obscene material or device, OR 2. Possesses with intent to promote any obscene material or device, OR 3. Produces, directs, or participates in an obscene performance. Except as provided by Subsection (h), an offense under Subsection (c) is a Class A misdemeanor. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. A person who promotes or wholesale promotes obscene material or possesses obscene material with intent to promote or wholesale promote in the course of his business is presumed to have knowledge of the material=s content and character. A person who possesses six or more obscene devices or identical or obscene articles is presumed to possess them with intent to promote. It is an affirmative defense to prosecution that the person who possesses or promotes obscene material or devices does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose. Subsection (h) B The actor is subject to increased punishment under Subsections (a) and (c) if the obscene material depicts acts engaged in by: 1. A child younger than 18 at the time the image of the child was made, OR 2. An image that to a reasonable person would be virtually indistinguishable from the image of a child younger than 18 years old, OR 3. An image created or modified to be the image of an identifiable* child. *”Identifiable Child” means an actual person, recognizable by the person=s face, likeness or other distinguishing characteristic, either: 1. Younger than 18 years at the time the depiction was created or modified, OR 2. Whose image as a person younger than 18 was used in creating the image. Under Subsection (h), a violation of Subsection (a) becomes a felony of the third degree and a violation of Subsection (c) becomes a state jail felony. Third-degree felony: No more than 10 years or less than 2 years State jail felony: No more than 2 years or less than 180 days in state jail [Back to Index]
§43.24 – Sale, Distribution, or Display of Harmful Material to Minor (Under 18) “Harmful material” means material whose dominant theme, taken as a whole: 1. Appeals to the prurient interest of a minor in sex or nudity, AND 2. Is patently offensive to prevailing standards in the adult community as to what is appropriate for minors, AND 3. Is utterly without redeeming social value for minors. A person commits an offense if, knowing that the material is harmful, the actor: 1. Sells or distributes material to a person the actor knows to be a minor, OR 2. Displays harmful material and is reckless as to whether a minor is present who will be offended or alarmed, OR 3. Hires or employs a minor to assist or accomplish acts in Subsections 1 or 2. It is a defense to prosecution under this section that either: 1. The sale was by a person having scientific, educational, governmental, or other similar justification, OR 2. The sale was to a minor accompanied by a consenting parent or guardian. An offense under Subsection 1 or 2 is a Class A misdemeanor; an offense under Subsection 3 is a third degree felony. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. Third-degree felony: No more than 10 years or less than 2 years [Back to Index]
§43.25 – Sexual Performance by a Child For the purposes of this section, a sexual performance is any performance that includes sexual conduct by a child under 18. A performance is a play, video, motion picture, or any other visual representation for an audience of one or more persons. b. A person commits an offense if, knowing the character and content of the performance, he employs, authorizes, or induces a child under 18 to engage in a sexual performance. A parent or guardian of a child under 18 commits an offense if he consents to the participation by the child in a sexual performance. An offense under Subsection (b) is a felony of the second degree. Second-degree felony: No more than 20 years or less than 2 years d. A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a sexual performance by a child under 18. An offense under Subsection (d) is a felony of the third degree. Third-degree felony: No more than 10 years or less than 2 years It is an affirmative defense to prosecution under this section that: 1. The defendant was the child’s spouse at the time of the offense, OR 2. The conduct was for a bona fide educational, medical, psychological, judicial, law enforcement, or legislative purpose, OR 3. The defendant is not more than two years older than the child. [Back to Index]
§43.251 – Employment Harmful to Children A person commits an offense if the person employs or induces a child under 18 to work: 1. In a sexually oriented commercial activity, OR 2. In any place of business permitting, requesting, or requiring child to work nude or topless. This offense is a Class A misdemeanor. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. [Back to Index]
§43.26 – Possession or Promotion of Child Pornography a. A person commits an offense if he knowingly or intentionally: 1. Possesses visual material depicting a child under 18 at the time the image was made engaging in sexual conduct, AND 2. Knows that the material depicts a child under 18 engaging in sexual conduct It is an affirmative defense to prosecution under this section that: 1. The defendant was the child’s spouse at the time of the offense, OR 2. The conduct was for a bona fide educational, medical, psychological, judicial, law enforcement, or legislative purpose, OR 3. The defendant is not more than two years older than the child. An offense under Subsection (a) is a felony of the third degree. Third-degree felony: No more than 10 years or less than 2 years e. A person commits an offense if he knowingly or intentionally: 1. Promotes material described in Subsection (a), OR 2. Possesses material described in Subsection (a) with intent to promote. A person who possesses six or more identical visual depictions of a child as described by Subsection (a) is presumed to possess the material with intent to promote. An offense under Subsection (e) is a felony of the second degree. Second-degree felony: No more than 20 years or less than 2 years [Back to Index]
Punishment Under Statute for Sex Offenses Class C misdemeanor: Fine up to $500 Class B misdemeanor: Fine up to $2,000 OR up to 180 days in jail OR both. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. State jail felony: No more than 2 years or less than 180 days in state jail Third-degree felony: No more than 10 years or less than 2 years in institutional division Second-degree felony: No more than 20 years or less than 2 years in institutional division First-degree felony: No more than 99 years or less than 5 years in institutional division For every felony, defendant may also be fined up to $10,000 [Back to Index]
Defending Sexual Crimes in Texas
Sex based offenses can be devastating to every aspect of your life. Whether the accusation is sexual assault, prohibited sexual contact, incest, fondling, or merely having an inappropriate relationship, those allegations can alienate you and may very well get you a stiff prison sentence. Despite the presumption of innocence in our legal system, sexual allegations are one area where accused people often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting an attorney. Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. James Luster will handle your case with discretion and skill. He will fight to keep you out of jail, keep your reputation intact, and fight to keep you life from falling apart.
It is a tragedy that sexual assaults and abuse actually does happen in our world. This tragedy often causes those working in the legal or social services system to lose sight of another tragedy: false allegations. The mere hint of allegations of sexual assault, prohibited sexual contact, incest, or any other of these sex crimes may be enough to destroy a person’s life. The media publicizes these sex crimes and enflames prospective jurors, prosecutors, and politicians (judges). Every accusation is a serious accusation. It just takes the wrong person overhearing a child’s imagined story or the wrong person overhearing a tacky joke. Then the sticky web of sexual accusations can begin.
Do not make the mistake of not taking an allegation of child sexual abuse, child molesting or rape seriously. You may know you did nothing wrong, but that does not mean that the sexual allegation somehow magically disappears. This could be the preamble to the most difficult time and fight of your life.
If you are accused of sexual misconduct or assault: Don't Panic!
Being accused of sexual assault is an intensely emotional situation. False allegations of sexual abuse (child or adult) will no doubt make you furious and scared. But do not let your emotions guide your actions. You need to get a caring criminal defense attorney that can guide you and keep you focused on the difficulties ahead of you. You will not help your position by blowing up, threatening anyone, or just sticking your head in the sand. You need to get a Fort Worth defense attorney and get one fast.
You may know there is no DNA supporting the false claims of sexual abuse. You might think to yourself, “There is no medical evidence. How can they accuse me of sexual assault on just someone’s word?” It may not be right, but it certainly happens every day. Prosecutors often start their jury selection by asking “Who here has seen CSI?” and then they strategically eliminate those prospective jurors that will require physical evidence to convict. You should know, some prosecutors are willing to seek a conviction for sexual assault with NO PHYSICAL EVIDENCE. More importantly, some jurors are willing to convict someone of sexual assault with NO PHYSICAL EVIDENCE. You need an attorney that will prepare your case from day one to present your case to a jury while maintaining the utmost level of discretion. Defense attorney James Luster will work tirelessly on your case to protect you rights and reputation.
Counties Served for Sex Crimes Defense
James Luster limits his practice primarily to Tarrant County and surrounding counties; however, for sexual accusation, he will accept representation in counties throughout Texas. Most commonly, James is retained to defend sexual accusations in Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. If your case is in one of these counties, or anywhere in Texas, call James Luster to speak with him about the accusation against you.Defending Felony Sexual Allegations in Texas
Allegations of sexual misconduct have many different labels and associated terms. People commonly refer to certain conduct as “rape,” “incest,” or “indecent exposure.” The laws in Texas have specific terms for different kinds of allegations. The label used may be confusing. Some may be felony sexual accusations (possibly resulting in a prison sentence) or some may be misdemeanor sexual accusations (possibly resulting in a county jail sentence). James Luster is a criminal defense lawyer that will fight to protect your rights and reputation. When you're facing sexual accusations in Fort Worth, Texas call the Tarrant County criminal defense attorney who will work from day one to have your case dismissed or have a jury find you "not guilty."
Some of those felony sexual allegations may include:
Sexual Assault: Very few charges could pose such a negative impact on your future as sexual assault allegations. Any individual could claim they were sexually assaulted without providing any substantiated evidence. Horrifically, sexual assault charges are sometimes based on malicious accusations based on a variety of motivations. [Read More...]
Indecency with A Child: A person commits an offense if, with a child younger than 17 years of age , whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact. Or a person could be accused of having the intent to arouse or gratify the sexual desires and exposing the person's anus or any part of the person's genitals, knowing the child is present. A third way indecency with a child is alleged is causing the child to expose the child's anus or any part of the child's genitals. “Sexual Contact” in this context means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. These allegations can be punished as either a second or third degree felony. This means you could be facing up to 20 years in prison. [Read More...]
Continuous Sexual Abuse of a Child or Children: This accusation means that during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age. In this context “act of sexual abuse” means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4) of the Penal Code, if the actor committed the offense with the intent to violate or abuse the victim sexually; (2) indecency with a child under Section 21.11(a)(1) of the Penal Code , if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (3) sexual assault under Section 22.011 of the Penal Code; (4) aggravated sexual assault under Section 22.021 of the Penal Code; (5) burglary under Section 30.02 of the Penal Code, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); and (6) sexual performance by a child under Section 43.25 of the Penal Code.
What’s very important and perhaps devastating to due process is the fact that if a jury is the trier-of-fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must only agree unanimously that you, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. This is generally punishable as a felony of the first degree which means with no prior criminal history you can be sent to prison in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.
Improper Relationship Between Educator and Student: A person commits the offense of Improper Relationship Between Educator and Student if that person is an employee of a public or private primary or secondary school commits an offense if the employee engages in: (1) sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; or (2) engages in online solicitation of a minor, with a is enrolled in a public or private primary or secondary school at which the employee works, regardless of the age of that person. Improper Relationship Between Educator and Student is a felony of the second degree. Regardless of what the allegations of sexual misconduct are labeled, “rape,” “incest,” or “indecent exposure" you need an attorney that is willing to fight to protect you rights and reputations.
Contact Tarrant County Criminal Defense Attorney James Luster in his downtown Fort Worth office to talk about your defense. You cannot call soon enough. The damage from false allegations can be devastating if not properly and timely addressed.
Defending Texas Misdemeanor Sexual Allegations
Allegations of sexual misconduct have many different labels and associated terms. People commonly refer to certain conduct as “rape,” “incest,” or “indecent exposure.” The laws in Texas have specific terms for different kinds of allegations. The label used may be confusing. Some may be felony sexual accusations (possibly resulting in a prison sentence) or some may be misdemeanor sexual accusations (possibly resulting in a county jail sentence). James Luster will fight to protect your rights and your reputation. James understands these allegations can be embarrassing and he will handle your case with discretion and respect. Many counties including Tarrant County have special sections of the prosecutors office for handling sexual accusations. Your attorney should be familiar with the special procedures and personnel that these sections have.
Some misdemeanor allegations include:
You could be accused of public lewdness. A person commits public lewdness when he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; (3) act of sexual contact; or (4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl. Generally this can be punished by up to a year in jail and up to a $4000 fine.
You could be accused of indecent exposure. A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. This can be punished by up to six months in the county jail and up to a $2000 fine.
