Sex crimes carry some of the harshest penalties in Texas criminal law. Sex crimes penalties in Texas are crucial because a conviction can lead to lengthy prison time, mandatory registration as a sex offender, and a lifetime of consequences that affect nearly every aspect of your life. Along with jail time and fines, you might have to register as a sex offender. You might also face secondary consequences for having a criminal record, particularly if prosecutors convict you of a felony. That’s why it’s essential to understand what the average sentences for Texas sex crimes are, so you know exactly what’s at stake and can prepare accordingly.
Therefore, understanding sex crimes penalties in Texas is crucial for building your defense and taking effective action.
What Constitutes a Sex Crime Under Texas Law?
Texas’s sex crimes laws cover many acts and situations. In general, these laws forbid sexual contact or intercourse using force, threats, or with someone who can’t consent. Some specific sex crimes in Texas include:
- Sexual Assault: Someone commits sexual assault when they intentionally engage in sexual contact or penetration with someone without that person’s consent. This offense includes situations involving force, threats, or when the victim cannot consent due to age or mental incapacity. For example, someone who is intoxicated due to alcohol or drugs cannot consent to sexual acts.
- Aggravated Sexual Assault: This offense involves sexual assault combined with aggravating factors, such as using a deadly weapon, causing severe injuries, or targeting a child under 14. Aggravated sexual assault carries harsher penalties than baseline sexual assault, including a possible lifetime prison sentence.
- Indecency with a Child: This law covers sexual contact or exposure involving a child under 17. This charge does not require physical contact if the act consists of the offender exposing themself to the child. Sexual contact refers to touching someone on their anus, breast, or genitals with the intent to arouse or gratify, not to have intercourse.
- Continuous Sexual Abuse of a Young Child or Children: Someone who commits two or more acts of sexual abuse against a child under 14 over 30 days or longer could face this charge.
- Public Lewdness: Engaging in sexual acts in a public place or other locations where others are likely to take offense can lead to this charge.
- Indecent Assault: This statute prohibits a person from intentionally or knowingly making offensive contact with another with the intent to arouse or gratify their sexual desires and without the other’s consent.
Felony vs. Misdemeanor Sex Crimes in Texas
Given the grave nature of sex crimes in Texas, most of these offenses are felonies. That said, even first-time offender penalties for misdemeanor sex crimes are harsh. Some examples of felony vs. misdemeanor sex crimes in Texas include:
Felony Sex Crimes
- Sexual Assault – Second-degree felony. Carries two to 20 years in prison and fines up to $10,000.
- Aggravated Sexual Assault – First-degree felony. Punishable by five to 99 years or life in prison and fines up to $10,000.
- Continuous Sexual Abuse of a Young Child or Children – First-degree felony. Carries a mandatory sentence of 25 to 99 years or life with no possibility of early release.
- Indecency with a Child by Contact – Second-degree felony. Penalties include two to 20 years in prison and up to $10,000 in fines.
- Indecent Assault – Third-degree felony. Engaging in sexual acts with close relatives can result in two to 10 years in prison and a $10,000 fine. However, a sexual act with a parent or child is a second-degree felony and carries harsher penalties.
Misdemeanor Sex Crimes
- Indecent Exposure – Class B misdemeanor. Punishable by up to 180 days in jail and a fine of up to $2,000.
- Public Lewdness – Class A misdemeanor. Offenders can face up to one year in jail and fines up to $4,000.
- Obscene Display or Distribution – Class C misdemeanor. Displaying or distributing obscene material to minors can result in fines up to $500.
- Disorderly Conduct-Exposure – Class C misdemeanor. Exposing genitals recklessly or offensively carries fines up to $500.
- Indecent Assault – Class A misdemeanor, punishable by up to 1 year in the county jail and up to a $4,000 fine.
Penalties Based on the Victim’s Age and Other Aggravating Factors
Sections 21.11 and 22.011 of the Texas Penal Code forbid sexual contact and intercourse, respectively, with children 17 and younger. Sex offenses involving children under 17 carry much harsher penalties, especially if the offense involves a young child.
For example, aggravated sexual assault includes sexual acts with children younger than 6. The minimum prison sentence in these cases is 25 years instead of the usual five years. Sex offenses against children can also carry a requirement for lifetime registration on the state’s sexual offender database.
Offenders can also face harsher penalties for sex offenses that cause severe injuries or for committing crimes against protected groups. For instance, a sexual assault against someone 65 or older escalates the charge to aggravated sexual assault. Similarly, aggravated sexual assault charges apply in cases where an offender causes severe injuries or uses a deadly weapon.
Possible Legal Defenses to Sex Crime Charges
A Dallas criminal defense attorney can examine your case and find the legal defense for sex crimes that best fits your situation. Some possible defenses in these cases include:
- Consent: If you have evidence that your accuser agreed to sexual acts with you, your attorney can argue that the encounter was consensual.
- Mistaken Identity: You can challenge the accusation by providing evidence that you were not the person involved in the alleged incident. For example, your lawyer can check your DNA against DNA found at the scene.
- False Allegations: People sometimes make false accusations due to anger, a desire for revenge, or wanting an edge in custody disputes. You can dispute the charges against you by suggesting another motive for the alleged victim’s accusation.
- Insufficient Evidence: Your lawyer can argue that the prosecution lacks enough proof to meet the “beyond a reasonable doubt” standard for conviction. For example, a lack of DNA or other physical evidence can help you fight for reduced or dismissed charges.
- Alibi: Providing evidence that you were elsewhere during the alleged crime can undermine the accusation. For instance, you might provide video footage or eyewitness testimony showing you weren’t at the crime scene.
- Procedural Errors: If law enforcement violated your rights during their investigation or arrest, your attorney can argue to exclude any evidence they found.
Trust our Dallas sex crimes defense lawyers to guide and help you through the legal process and protect your freedom. Call My Dallas Criminal Lawyer now at 214-949-4117 or complete our contact form for a free consultation.
