Sexual assault charges should be taken very seriously. If you or someone close to you has been charged with any sort of sexual-assault offense, it is important to seek the immediate services of a knowledgeable attorney who can help with these sort of offenses. Along with the possibility of facing jail time by being charged with a sexual offense, including the possibility of not being eligible for parole until you have served one-half of your time, one may also become a registered sex offender for life. This is something that is generally difficult to deal with and comes with many implications.
If you are being investigated or have been arrested for a sexual assault, do not provide a statement to the police. If the police are going to charge you, they will do so regardless of what you have to say. The only reason that the police want you to talk is to provide evidence. Whatever you say, no matter how innocent, will box your attorney in for trial if you so get there.
Sexual offenses or charges range in severity. In some cases, these crimes can be charged as misdemeanor offenses, while other times they can become serious felony offenses. In Texas, charges are very specific and clearly labeled in Texas Penal Code chapters 21 and 22. “17 is the age of consent.” See Kruger v. State, 623 S.W.2d 386, 388 (Tex. Crim. App. 1981).
Going to trial on a sexual-assault offense is a serious endeavor. It is important that you have a trial attorney on your side that has tried these types of cases repeatedly. For example, the offense of Continuous Sexual Abuse of a Child carries a possible lifetime sentence without the possibility of parole. The offense of Aggravated Sexual Assault of a Child carries up to a 99 year or life sentence as well. Not to mention, if you are convicted of any of these offenses, you will generally have to register as a sex offender for life.
You need a seasoned sexual assault lawyer on your side.
Sexual Assault or Rape
A person commits the offense of sexual assault or rape if the person intentionally or knowingly, without consent, causes the penetration of the anus, mouth, or sexual organ of the actor or another person. See Tex. Pen. Code Ann. § 22.011(a)(1) (West 2020). Without consent is generally when the person compels or threatens to compel force or a person is unconscious or physically unable to resist. See Tex. Pen. Code Ann. § 22.011(b) (West 2020).
The offense of sexual assault or rape is a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000. Id. § 22.011(f) (West 2020). Such offense is a 3(g) or “aggravated” offense. See Tex. Pen. Code Ann. § 42A.054(a)(8) (West 2020). Because it is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). Such offense generally cannot be stacked, or run consecutive to another count. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). Such offense also requires a person to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements if you are convicted. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Sexual Assault of a Child
A person commits the offense of sexual assault of a child if the person penetrates the anus, mouth, or sexual organ of a child or causes the anus, mouth, or sexual organ of a child to contact or penetrate the anus, mouth, or sexual organ of a person or another person. See Tex. Pen. Code Ann. § 22.011(a)(2) (West 2020). A “child” is a person younger than 17 years of age. See Tex. Pen. Code Ann. § 22.011(c) (West 2020). A minor can never give consent to the actor under such circumstances. See May v. State, 919 S.W.2d 422, 424 (Tex. Crim. App. 1996) (en banc) (“First, it is true that a child under fourteen cannot legally consent to sex, because subsection (a)(2) is a strict liability offense not requiring proof that the victim did not consent. Even if the victim consented in fact, that consent is not given any legal effect and provides no defense.”). Except, it is an affirmative defense to prosecution if the person was not more than three years older than the victim and the victim consented to the contact. See Tex. Pen. Code Ann. § 21.11(b) (West 2020).
The offense of sexual assault of a child is a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 22.011(f) (West 2020). Such offense is a 3(g) or “aggravated” offense. See Tex. Pen. Code Ann. § 42A.054(a)(8) (West 2020). Because it is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). If a person has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a person to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements if you are convicted. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Continuous Sexual Abuse of a Child
A person, 17 years of age or older, commits the offense of continuous sexual abuse of a child if such person commits 2 or more acts of “sexual abuse,” during a 30-day period or more, against a child younger than 14 years of age. See Tex. Pen. Code Ann. § 21.02(b) (West 2018). “Sexual abuse” includes indecency by contact (the touching of a child’s anus or sexual organ or causing the child to touch a person’s anus or sexual organ), penetration of a child’s anus, sexual organ, or mouth, or contact or penetration of the child’s sexual organ with the actor’s mouth, anus, or sexual organ. See Tex. Pen. Code Ann. § 21.02(c) (West 2018). A minor can never give consent to the actor under such circumstances. See May v. State, 919 S.W.2d 422, 424 (Tex. Crim. App. 1996) (en banc) (“First, it is true that a child under fourteen cannot legally consent to sex, because subsection (a)(2) is a strict liability offense not requiring proof that the victim did not consent. Even if the victim consented in fact, that consent is not given any legal effect and provides no defense.”).
The offense of continuous sexual abuse of a child is a first-degree felony, punishable by no less than 25 years to 99 years or life in the penitentiary and a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 21.02(h) (West 2018). Whatever amount of time that a judge or jury punishes a defendant, such defendant would have to serve such time day-for-day without the possibility of parole. Tex. Gov. Code Ann. § 508.145(a) (West 2020). If a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires such person to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial a defendant’s life is at stake. Literally, a defendant can be sentenced to life without parole and will have to register as a sex offender for life. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Aggravated Sexual Assault of a Child
A person commits the offense of aggravated sexual assault of a child if he intentionally or knowingly, without the person’s consent, penetrates the anus, mouth, or sexual organ of such person or such person penetrates the actor’s anus, mouth, or sexual organ. See Tex. Pen. Code Ann. § 22.021(a) (West 2020). Such person must be younger than 14 years or age, disabled, or 65 years of age or older. See id. § 22.021(b)-(c). A minor can never give consent to the actor under such circumstances. See May v. State, 919 S.W.2d 422, 424 (Tex. Crim. App. 1996) (en banc) (“First, it is true that a child under fourteen cannot legally consent to sex, because subsection (a)(2) is a strict liability offense not requiring proof that the victim did not consent. Even if the victim consented in fact, that consent is not given any legal effect and provides no defense.”).
The offense of aggravated sexual assault of a child is a first-degree felony, punishable by no less than five years to 99 years or life in the penitentiary and a fine not to exceed $10,000. See § 22.021(e). Such offense is a 3(g) or “aggravated” offense. See Tex. Pen. Code Ann. § 42A.054(a)(9) (West 2020). Because it is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). A jury cannot give a person convicted of such offense probation. See Tex. Code Crim. Proc. Ann. art. 42A.056 (West 2020). If a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a defendant to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You could be looking at having to do one-half of your time (if any) days for day before becoming eligible for parole and having a lifetime registration requirement. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Indecency with a Child by Contact or Indecent Contact with a Child
A person commits the offense of indecent contact with a child if such person, with a child younger than 17 years of age, engages in “sexual contact” with the child or causes the child to engage in “sexual contact.” Tex. Pen. Code Ann. § 21.11(a)(1) (West 2020). “Sexual contact” means, with the intent to arouse or gratify the sexual desire of any person, “any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child,” or “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.” Tex. Pen. Code Ann. § 21.11(c) (West 2020). A minor can never give consent to the actor under such circumstances. See May v. State, 919 S.W.2d 422, 424 (Tex. Crim. App. 1996) (en banc) (“First, it is true that a child under fourteen cannot legally consent to sex, because subsection (a)(2) is a strict liability offense not requiring proof that the victim did not consent. Even if the victim consented in fact, that consent is not given any legal effect and provides no defense.”). Except, it is an affirmative defense to prosecution if the person was not more than three years older than the victim and the victim consented to the contact. Tex. Pen. Code Ann. § 21.11(b) (West 2020).
The offense of indecent contact with a child is a second-degree felony, punishable by no less than 2 years and no more than twenty years in the penitentiary and a fine not to exceed $10,000. Id. § 21.11(d). Such offense is a 3(g) or “aggravated” offense. See Tex. Pen. Code Ann. § 42A.054(a)(7). Because it is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). A jury cannot give a person convicted of such offense probation if the child was younger than 14 years old. See Tex. Code Crim. Proc. Ann. art. 42A.056 (West 2020). If a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a defendant to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements if you are convicted. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Indecency with a Child by Exposure or Indecent Exposure with a Child
A person commits the offense of indecent exposure with a child if such person, with a child younger than 17 years of age, with the intent to arouse or gratify the sexual desire of any person, “exposes the person’s anus or any part of the person’s genitals, knowing the child is present,” or “causes the child to expose the child’s anus or any part of the child’s genitals.” See Tex. Pen. Code Ann. § 21.11(a)(2) (West 2020). A minor can never give consent to the actor under such circumstances. See May v. State, 919 S.W.2d 422, 424 (Tex. Crim. App. 1996) (en banc) (“First, it is true that a child under fourteen cannot legally consent to sex, because subsection (a)(2) is a strict liability offense not requiring proof that the victim did not consent. Even if the victim consented in fact, that consent is not given any legal effect and provides no defense.”). Except, it is an affirmative defense to prosecution if the person was not more than three years older than the victim and the victim consented to the contact. Tex. Pen. Code Ann. § 21.11(b) (West 2020).
The offense of indecent exposure with a child is a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000. Tex. Pen. Code Ann. § 21.11(d) (West 2020). Such offense is a 3(g) or “aggravated” offense. See Tex. Pen. Code Ann. § 42A.054(a)(7) (West 2020). Because it is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). A jury cannot give a person convicted of such offense probation if the child was younger than 14 years old. See Tex. Code Crim. Proc. Ann. art. 42A.056 (West 2020). If a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a defendant to register as a sex offender for ten years, not life. See Tex. Code Crim. Proc. Ann. art. 62.001, 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements if you are convicted. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Possession of Child Pornography
A person commits the offense of possession of child pornography if the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct and the person knows that the material depicts the child. See Tex. Pen. Code Ann. § 43.26(a) (West 2020). “Sexual conduct” means “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.” See Tex. Pen. Code Ann. § 43.25(a) (West 2020).
The offense of child pornography is a third-degree felony, punishable by no less than two years and no more than 10 years in the penitentiary and a fine not to exceed $10,000. A person is eligible for community supervision or probation. Such offense is not an aggravated or 3(g) offense. See Tex. Pen. Code Ann. § 42A.054 (West 2020). However, if a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a defendant to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements if you are convicted. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Promotion of Child Pornography
A person commits the offense of promotion of child pornography if the person knowingly or intentionally promotes or possesses with intent to promote material which is child pornography. See Tex. Pen. Code Ann. § 43.26(e) (West 2020). To “promote” means to “procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.” See Tex. Pen. Code Ann. § 43.25 (West 2020).
The offense of promotion of child pornography is a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000. A person is eligible for community supervision or probation. Such offense is not an aggravated or 3(g) offense. See Tex. Pen. Code Ann. § 42A.054 (West 2020). However, if a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a defendant to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements if you are convicted. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Failure to Register as a Sex Offender
Under Texas law, a person, with a “reportable conviction,” for certain sexual offenses, must register with local law enforcement authority in any municipality where the person resides or intends to reside for more than 7 days. See Tex. Code Crim. Proc. Ann. art. 62.051(a) (West 2020). Reportable convictions include offenses of indecency with a child, sexual assault, aggravated sexual assault, continuous sexual abuse of a child, and possession of child pornography. See Tex. Code Crim. Proc. Ann. art. 62.001(5) (West 2020). The sex offender registration statute also classifies as a “reportable conviction” violations of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the elements of those offenses “are substantially similar to the elements of the reportable convictions.” See Tex. Code Crim. Proc. Ann. art. 62.001(5) (West 2020).
Thus, a person commits the offense of failure to register as a sex offender if the person is required to register and fails to comply with any of the sex-offender registration requirements. See Tex. Code Crim. Proc. Ann. art. 62.102 (West 2020). Under Texas law, how often a person is required to register, and for how long, is important because it determines the level of offense committed if the person does not comply with the registration requirements. The punishments for the various types of offenses related to failure to register include the following: (1) a state-jail felony if the person has a ten-year reporting requirement, punishable by no less than 180 days and no more than 2 years in the penitentiary and a fine not to exceed $10,000, (2) a third-degree felony if the person has a lifetime annual reporting requirement, punishable by no less than 2 years and no more than 10 years in the penitentiary and a fine not to exceed $10,000, and (3) a second-degree felony, if the person has a lifetime reporting requirement and must report every 90 days, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000. See Tex. Code Crim. Proc. Ann. art. 62.102(b) (West 2020).
Unless a court grants an early termination of the reporting requirement, the default reporting period is for ten years from the date the person is released from a penal institution. See Tex. Code Crim. Proc. Ann. art. 62.101(c) (West 2020). For those with more serious offenses, including those defined as sexually violent offenses, the reporting requirement is for the lifetime of the offender. See Tex. Code Crim. Proc. Ann. art. 62.101(a) (West 2020). Texas law defines the term “sexually violent offense” by statute. See Tex. Code Crim. Proc. Ann. art. 62.001(6) (West 2020). Sexually violent offenses include the offenses of continuous sexual abuse of a child, indecent contact with a child, sexual assault, aggravated sexual assault, and other serious offenses when committed by a person older than 17 years of age. Also, included in the definition are offenses under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice that contain elements that are substantially similar to the elements of the listed Texas offenses.
The offense of failure to register as a sex offender is not a 3(g) or aggravated offense. See Tex. Pen. Code Ann. § 42A.054 (West 2020).
At trial, your life is at stake. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Trafficking of Persons and Continuous Trafficking of Persons
A person commits the offense of trafficking of persons if the person knowingly traffics another person with the intent that the trafficked person engage in forced labor or services or receives a benefit from such venture, or traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in continuous sexual abuse of child, indecency with a child, sexual assault, aggravated sexual assault, sexual performance by a child, possession of child pornography, prostitution, promotion of prostitution, online promotion of prostitution, aggravated promotion of prostitution, aggravated online promotion of prostitution, or compelling prostitution or receives a benefit from such venture. See Tex. Pen. Code Ann. § 20A.02 (West 2020). Such person commits the offense of continuous trafficking of persons if such person engages in such conduct two or more times over a period of 30 or more days. See Tex. Pen. Code Ann. § 20A.03 (West 2020).
The offense of trafficking of persons is generally a second-degree felony, punishable by no less than 2 years and no more than twenty years in the penitentiary and a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 20A.02(b) (West 2020). However, if the offense of trafficking of persons involves a child, it is a first-degree felony, punishable by no less than 5 years no more than 99 years or life in the penitentiary and a fine not to exceed $10,000. The offense of continuous trafficking of persons is a first-degree felony, punishable by no less than 25 years and no more than 99 years or life in the penitentiary and a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 20A.03(e) (West 2020).
The offenses of trafficking of persons and continuous trafficking of persons are 3(g) or “aggravated” offenses. See Tex. Pen. Code Ann. § 42A.054(a)(5)-(6). Because they are 3(g) or aggravated offenses, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). A jury cannot give a person convicted of such offenses probation. See Tex. Code Crim. Proc. Ann. art. 42A.056 (West 2020). If a person has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense may also require a person to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements if you are convicted. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Sexual Assault of a Student or Improper Relationship between Educator and Student
A person commits the offense of a sexual assault of a student if an employee of a public or private high school, middle school, or elementary school engages in sexual contact or sexual intercourse with a student. See Tex. Pen. Code Ann. § 21.12(a) (West 2020). Such a statute does not violate the first amendment, the due process clause, or the equal-protection clause. See Collins v. State, 479 S.W.3d 533, 539-43 (Tex. App.—Eastland 2015, no pet.). It is an affirmative defense to prosecution if the actors were married or the person was within 3 years of age of such student and the relationship began prior to the person’s employment at such school.
The offense of sexual assault of a student or improper relationship between educator and student is a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 21.12(b) (West 2020). Such offense is not a 3(g) or aggravated offense. See Tex. Pen. Code Ann. § 42A.054 (West 2020). Thus, the normal rules of parole apply.
At trial, your life is at stake. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Unlawful Disclosure or Promotion of Intimate Visual Material or “Revenge Porn”
A person commits the offense of unlawful disclosure or promotion of intimate visual material or revenge porn when, without effective consent, and with intent to harm such person, a person discloses visual material depicting such person’s intimate parts exposed or engaged in sexual conduct, and at the time the person obtained the intimate visual material, the depicted person had a reasonable expectation that the visual material would remain private, and the disclosure of the visual material causes harm to the depicted person, and the disclosure of the visual material reveals the identity of the depicted person. See Tex. Pen. Code Ann. § 21.16(b) (West 2020). “Visual material” is essentially everything from a photograph to any form of media format. See Tex. Pen. Code Ann. § 21.16(a) (West 2020).
The Tyler Twelfth District Court of Appeals found such statute unconstitutional, so definitely call this attorney to defend you. See Ex parte Jones, No. 12-17-00346-CR, 2018 WL 2228888 (Tex. App.—Tyler May 16, 2018, pet. filed). This is a nasty looking offense, which you do not want on your record.
Public Lewdness
A person generally commits the offense of public lewdness if such person engages in an act of sexual intercourse or act of sexual contact in a public place or if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by such acts. See Tex. Pen. Code Ann. § 21.07 (West 2018). Such offense is a Class A Misdemeanor and carries a punishment range of no more than 1 year in the county jail and a fine not to exceed $4,000. See Tex. Pen. Code Ann. § 21.07(b) (West 2018).
Indecent Exposure to Any Person
A person commits the offense of indecent exposure to any person if such person exposes his anus or any part of his genitals with the 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. See Tex. Pen. Code Ann. § 21.08(a) (West 2018). Such offense is a Class B Misdemeanor and carries a punishment range of no more than 180 days in the county jail and a fine not to exceed $2,000. See Tex. Pen. Code Ann. § 21.08(b) (West 2018).
Prostitution
A person commits the offense of prostitution if the person knowingly offers or agrees to receive or pay a fee for himself or another to engage in sexual conduct. See Tex. Pen. Code Ann. § 43.02(a)-(b) (West 2020). Such an offense is a Class A misdemeanor, punishable by no more than 365 days in the county jail and a fine not to exceed $4,000 if the person is paying; however, if the person is receiving a fee, such an offense is a Class B misdemeanor punishable by no more than 180 days in the local county jail and a fine not to exceed $2,000. See Tex. Pen. Code Ann. § 43.02(c) (West 2020). Such offense may require a person to register as a sex offender. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
Promotion of Prostitution, Aggravated Promotion of Prostitution, Online Promotion of Prostitution, and Aggravated Online Promotion of Prostitution
A person commits the offense of promotion of prostitution if, other than as a prostitute receiving compensation for personally rendered prostitution services, the person receives money or other property pursuant to an agreement to participate in the process of prostitution or solicits another to engage in sexual conduct with another person for compensation. See Tex. Pen. Code Ann. § 43.03 (West 2020). A person commits the offense of aggravated promotion of prostitution if the person knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes. See Tex. Pen. Code Ann. § 43.04 (West 2020). A person commits the offense of online promotion of prostitution if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution. See Tex. Pen. Code Ann. § 43.031 (West 2020). If online promotion of prostitution is done with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution, such offense is aggravated promotion of prostitution. See Tex. Pen. Code Ann. § 43.041 (West 2020).
The offense of promotion of prostitution is a third-degree felony, punishable by no less than 2 years and no more than 10 years in the penitentiary, with a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 43.03(b) (West 2020). However, such offense can be punished as a first-degree felony, punishable by no less than 5 years and no more than 99 years or life in the penitentiary, with a fine not to exceed $10,000, if a person younger than 18 years of age engaged in prostitution. See Tex. Pen. Code Ann. § 43.03(b). The offense of aggravated promotion of prostitution is a first-degree felony, punishable by no less than 5 years and no more than 99 years or life in the penitentiary, with a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 43.04(b) (West 2020). The offense of online promotion of prostitution is a third-degree felony, punishable by no less than 2 years and no more than 10 years in the penitentiary, with a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 43.031(b) (West 2020). However, such offense can be punished as a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary, with a fine not to exceed $10,000, if a person younger than 18 years of age engaged in prostitution. See id. The offense of aggravated online promotion of prostitution is a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary, with a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 43.041(b) (West 2020). However, such offense can be punished as a first-degree felony, punishable by no less than 5 years and no more than 99 years or life in the penitentiary, with a fine not to exceed $10,000, if two or more persons younger than 18 years of age engaged in prostitution. See id.
All of these offenses, with the exception of one offense, are not aggravated or 3(g) offenses. See Tex. Pen. Code Ann. § 42A.054 (West 2020). Thus, normal rules of parole eligibility would apply. However, the offense of aggravated promotion of prostitution is an aggravated or 3(g) offense. See Tex. Pen. Code Ann. § 42A.054(a)(13) (West 2020). Because the offense of aggravated promotion of prostitution is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020).
At trial, your freedom is at stake. It is extremely important to hire a seasoned trial attorney. Let us help you.
Compelling Prostitution
A person commits the offense of compelling prostitution if the person knowingly causes another by force, threat, coercion, or fraud to commit prostitution, or causes by any means a child younger than 18 years of age to commit prostitution. See Tex. Pen. Code Ann. § 43.05 (West 2020). Such an offense is a first-degree felony, punishable by no less than 5 years and no more than 99 years or life in the penitentiary, with a fine not to exceed $10,000.
The offense of compelling prostitution is a 3(g) or “aggravated” offense. See Tex. Pen. Code Ann. § 42A.054(a)(14). Because it is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). A jury cannot give a person convicted of such offense probation. See Tex. Code Crim. Proc. Ann. art. 42A.056 (West 2020). If a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a defendant to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. You will never be able to get rid of the registration requirements. Thus, it is extremely important to hire a seasoned trial attorney. Let us help you.
Sexual Performance by a Child
A person commits the offense of sexual performance by a child if, “knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance.” Tex. Pen. Code Ann. § 43.25(b) (West 2020). “Sexual conduct” means “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.” See Tex. Pen. Code Ann. § 43.25(a) (West 2020). “Sexual performance” means “any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.” See Tex. Pen. Code Ann. § 43.25(a). Such an offense is a second-degree felony, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000. However, such offense is a first-degree felony if it involves a child less than 14 years of age, punishable by no less than 5 years and no more than 99 years or life in the penitentiary and a fine not to exceed $10,000. See Tex. Pen. Code Ann. § 43.25(c) (West 2020).
A person also commits the offense of sexual performance by a child if, “knowing the content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age.” See Tex. Pen. Code Ann. § 43.25(d) (West 2020). “Sexual conduct” means “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.” See Tex. Pen. Code Ann. § 43.25(a). “Sexual performance” means “any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.” See Tex. Pen. Code Ann. § 43.25(a). Such an offense is a third-degree felony, punishable by no less than 2 years and no more than 10 years in the penitentiary and a fine not to exceed $10,000. Such an offense is a second-degree felony if it involves a child less than 14 years of age, punishable by no less than 2 years and no more than 20 years in the penitentiary and a fine not to exceed $10,000.
The offense of sexual performance by a child is a 3(g) or “aggravated” offense. See Tex. Pen. Code Ann. § 42A.054(a)(15). Because it is a 3(g) or aggravated offense, a person convicted of such sentence and sentenced to time in prison would have to serve one-half of his sentence day for day before becoming eligible for parole. See Tex. Gov. Code Ann. § 508.145 (West 2020). A jury cannot give a person convicted of such offense probation. See Tex. Code Crim. Proc. Ann. art. 42A.056 (West 2020). If a defendant has multiple counts, such counts can be stacked, or ran consecutively, instead of concurrently, if the victim was younger than 17 years of age. See Tex. Pen. Code Ann. § 3.03(b) (West 2020). This means that a person could have to complete first a sentence on one count, before moving on to serve the sentence from a different count. Such offense also requires a defendant to register as a sex offender for life. See Tex. Code Crim. Proc. Ann. art. 62.001(5), 62.101 (West 2020).
At trial, your life is at stake. Thus, it is extremely important to hire a seasoned trial and sexual assault lawyer. Let us help you.
