Texas Sex Crimes Attorney
One of the most severe crimes in the criminal justice system is a sex crime. We can view this both regarding harm to victims and regarding the severity of penalties for the accused sex offenders. Some of the more serious sex offenses are:
- Child Pornography
- Indecent Exposure
- Statutory Rape
- Sexual Assault
- Aggravated Sexual Assault
- Internet Sex Crimes
Sex offenses include and not limited to statutory and attempted rape, but also cover any other criminal sexual assault involving force or the threat of force. These are sexual crimes of violence.All too often, claims of sexual assault are entirely unfounded. Remorse after a consensual sexual encounter may prompt someone to allege a sexual assault, or one parent may accuse the other of something out of context with a claim of abuse in the midst of a child custody dispute. False sexual accusations are as devastating on the accused as sexual abuse is for the victim.
People charged with sexual offenses often face harsh public opinion, hostile prosecutors, and bitter social stigma. As humans, we are often too judgmental against those accused of sex offenses. Carl has handled and has been a member of defense of many accused who were simply “Not Guilty” of the charges alleged. He is a firm believer that those facing such charges deserve the best possible defense and representation.
Texas Sexual Assault Laws
Under the Texas State law, sexual assault is a serious criminal violation and can have harsh punishment consequences Sexual assault, generally speaking, occurs when a defendant intentionally commits any number of prohibited sexual activities without the victim’s consent. Under Sections 22.011 and 22.021 of the Texas Penal Code the elements of sexual assault include: a “child” defined as a person younger than 17 years of age; the act is considered to have been without the victim’s consent if physical violence was threatened or used in order to get the victim to submit or participate in the defendant’s actions; also, if the victim for any reason is physically unable to resist or appreciate the nature of the act being performed, there is a lack of consent. Consent is considered to be lacking in any situation where the defendant is in a place of power or charged with the care of the victim. This includes the defendant being a health care services provider, clergyman, public servant, or an employee of a facility where the victim resides.
This charge may be elevated to that of aggravated sexual assault if any of the following occur during the commission of the sexual assault if:
- The defendant has caused serious bodily injury or attempted to cause the death of the victim;
- The defendant placed the victim in fear of death, serious bodily injury or kidnapping to the victim’s self or to another person;
- A deadly weapon was used or exhibited during the crime;
- The defendant acted with another individual in committing the crime;
- The “date rape drug” also known as Rohypnol or Ketamine was used with the intent of making the offense easier to commit;
- The victim is younger than 14 years of age;
- The victim is an elderly or disabled individual.
Other Child Sex Offenses in Texas
Under Section 21.11 of the Texas Penal Code, an individual can be charged with child indecency if they engage in sexual contact or exposure in the presence of a child with the intent of causing arousal or gratify the sexual desire of the child involved. This is punishable as a second-degree felony and can result in a prison sentence of two to twenty years and or a fine not more than $10,000 for sexual contact with a child. Otherwise, this is a third-degree felony punishable and can result in a prison sentence of two to ten years and or a fine, not more than $10,000.
In addition, as defined in Section 43.26 of the Texas Penal Code a person can be charged with child pornography possession if they knowingly possess material that visually depicts a child under the age of 18 engaging in sexual conduct, and the alleged offender is aware that the material represents a child that is under the age of 18, which is punishable as a third-degree felony, and can result in a prison sentence of two to ten years and or a fine up to $10,000. Otherwise, this offense is second-degree felony punishable, if the alleged offender promoted the child pornography, which can result in a prison sentence ranging from two to twenty years and or payment of a fine, not more than $10,000.
Contact Us Now
You can contact The Law Offices of Carl David Ceder for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected]. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.