If you’ve been charged with a sex crime in Dallas, Texas, you may be wondering what comes next. There are many different types of sex crimes in Texas, from crimes against children to sexual assault to prostitution. Some sex crimes require you to register as a sex offender upon conviction, while others do not. Some carry severe penalties, including years in prison, while others may only involve a fine. Understanding the different types of sex crimes in Texas can help you prepare to defend yourself against these charges.
How Texas Defines a Sex Crime
There is no single definition of a sex crime in Texas. Some sexual behaviors are against the law because they violate another person’s rights, such as sexual assault or indecency with a child. Other sexual behaviors are against the law because they violate community norms or may offend another person, such as public lewdness. Essentially, a sex crime in Texas is simply any sexual behavior that is illegal under Texas law.
Common Types of Sex Crimes in Texas
There are several different types of sex crimes in Texas. Sex crimes against children include:
- Indecency with a child: any sexual contact with or exposure to a person under the age of 17. In other states, this offense is normally prosecuted under statutory rape laws.
- Continuous sexual abuse of a child: any two acts of sexual abuse of a child under the age of 14 over a period of 30 days or longer. Sexual abuse can refer to sexual assault, aggravated kidnapping, sexual performance by a child, and other offenses.
- Possession of child pornography: possession of any sexual images of a child under the age of 18.
- Online solicitation of a minor: any sexually explicit communication with a person under the age of 17.
Sexual assault offenses include:
- Sexual assault: any act of sexual penetration or contact without consent.
- Aggravated sexual assault: a sexual assault using violence, threats, or drugs.
Prostitution offenses include:
- Prostitution
- Aggravated promotion of prostitution
- Compelling prostitution
Other sex charges include:
- Public lewdness: any sexual act committed in public.
- Indecent exposure: intentional exposure of the private parts for sexual gratification.
Penalties for Sex Crimes in Texas
The penalties for sex crimes in Texas vary depending on the offense. For instance, a second-degree felony like sexual assault carries a penalty of two to 20 years in prison. A first-degree felony like aggravated sexual assault carries a penalty of five to 99 years in prison.
Certain factors can increase the penalties for sex crimes in Texas. Conviction for aggravated sexual assault of a child under the age of six means at least 25 years in prison. The same is true if the victim was under 14 years old and was seriously injured.
Felony offenses can also carry a fine of up to $10,000.
A Class B misdemeanor like prostitution is punishable by a fine of up to $2000 and up to 180 days in jail.
Sex crime penalties depend on the level of the offense. Penalties are much more severe for a felony than a misdemeanor. Penalties are more severe for a first-degree felony than a second-degree felony. Even if an acquittal is not possible, your attorney may be able to get your charges reduced. Reduced charges mean less damaging consequences for you.
The Texas Sex Offender Registry
Some sex crime convictions require the offender to register with the Texas Sex Offender Registration Program. Offenses that can require sex offender registry include:
- Sexual assault
- Sexual abuse of a child
- Child pornography charges
- Some prostitution charges
- Some cases of burglary, unlawful restraint, kidnapping, or aggravated kidnapping
When you register with local law enforcement, you must share the following information:
- Your name
- Your date of birth
- Your sex, race, height, weight, eye color, and hair color
- Your Social Security number and driver’s license number
- Your shoe size
- Your home address
- A color photograph
- Fingerprints
- Information about your arrest and conviction
- Information about your current legal status, such as probation or mandatory supervision
- Employment information
- Information about your vehicle
The Texas sex offender registry does not prohibit registered offenders from living near schools and playgrounds. However, municipal laws often do. State laws may also prohibit you from working in certain professions. If you’re a registered sex offender, you should consult with a lawyer to determine what restrictions you may face.
Sexually Violent Offenses
Sexually violent offenses require lifelong sex offender registry in Texas. These offenses include:
- Continuous sexual abuse of a young child
- Indecency with a child
- Sexual assault or aggravated sexual assault
- Sexual performance of a child
- Some cases of burglary or aggravated kidnapping
Defending Against a Sex Crime Charge
Your lawyer’s defense strategy will depend on the charge against you and the specifics of the case. Strategies often used to defend against a sex crime charge include:
- Demonstrating that you had consent for any sexual activity with an adult
- Challenging the credibility of your accuser
- Pointing out inconsistencies in the accuser’s testimony
- Presenting an alibi
- Proving factual innocence through DNA testing
- Raising the possibility of mistaken identification
- Showing that law enforcement used improper investigative techniques and that some evidence should be suppressed
Some charges also allow for an affirmative defense. For instance, it’s an affirmative defense against the charge of indecency with a child to show that:
- You were no more than three years older than the child
- You did not use force or duress against the child
The best defense against any criminal charge is always to prove that you are innocent of the charge. However, all your defense attorney needs to do to win an acquittal is to raise reasonable doubt about your guilt.
Call a Dallas Sex Crimes Defense Attorney Today
A sex crime conviction can carry consequences that go beyond fines and imprisonment. Your reputation can suffer lifelong damage. You may face restrictions on where you can live and work. You need a vigorous legal defense against sex crime charges.
My Dallas Criminal Lawyer will do everything we can to win acquittal if possible and minimize the consequences to your life if not. We will investigate your case, challenge the prosecution’s evidence, and put together the strongest defense possible. If you’ve been charged with a sex crime in Dallas, Texas, call My Dallas Criminal Lawyer at 214-764-5535 immediately.
