Criminal Law

Sex Crimes

In general, sex crimes involve pornography, some kind of sexual misconduct, or sexual assault. Consent is not always a good legal defense. For example, sex with a minor is always a criminal act regardless of consent. Not all sex crimes involve physical contact. For example, sexting with a minor or secretly recording without consent with the intent to invade privacy (invasive visual recording) are also illegal.

Sexual assault includes what is colloquially known as rape. It is defined as various forms of sexual contact without consent, sexual contact with a person who is incapacitated, or sexual contact with a person below the age of 17 regardless of whether there was consent. Texas Penal Code section 22.011.

How do sex crimes differ from other crimes?

If you are accused it can feel like you are in a position where you have to prove your innocence. This is not true. For sex crimes the same rules apply as for any other crime, which is that the prosecution has to be able to prove your guilt beyond a reasonable doubt.

Being convicted of a sex crime can be devastating. In addition to lengthy incarceration and high fines, you may also have to register as a sex offender,which means that your past will haunt you long after you have served your sentence, much more so than with other crime.

Penalties for Sex Crimes

Penalties depend on the type of sex crime and can be among the most severe. The most serious ones are for crimes involving a child such as child sexual abuse,online solicitation of a minor, and possession or distribution of child pornography. These crimes are usually first- or second-degree felonies which carry significant prison time and fines.

An improper relationship between a teacher and a student is also a 2nd degree felony.

Invasive visual recording is a state jail felony.

Public lewdness and indecent exposure are usually class A or class B misdemeanor.

Rape (or sexual assault) is normally classified as a felony in the second degree which carries a penalty of up to 20 years in prison and a fine of up to $10,000.