These cases range from something as innocuous as urinating on the side of the road to the hardest cases to put in front of a jury. Given their long term consequences, it is imperative to hire the right lawyer for the job.
Prostitution
What people don't seem to understand about this type of offense is that an actual exchange of money or physical act does NOT need to occur. All the State has to prove at trial is that an agreement existed between the parties for sex for money. A simple quid pro quo so to speak. And whether the accused is the buyer or the seller, it still appears as prostitution on one's record. First offense is a Class B Misdemeanor. Second offense is a Class A. By the third charge one is looking at a State Jail Felony.
This is also considered a Crime of Moral Turpitude meaning it is not only illegal, it is immoral. Like being branded a "thief" it would besmirch that person's reputation for years to come especially if they were called to testify in a judicial proceeding or to make a sworn statement.
Most importantly, a conviction for Prostitution, as with ANY Crime of Moral Turpitude, could have a devastating effect for someone who is not a U.S. citizen...even if they are a Legal Permanent Resident. A case like this could result in their deportation, exclusion from the country and denial of citizenship or visa.
Recent changes in the prosecution of these cases have come about with the development of Human Trafficking Divisions. These departments are charged with helping women caught up in this life as opposed to prosecuting them. With cooperation from Defense Counsel these women are interviewed to see if they are forced or coerced in any way to participate in these activities. If they are deemed to be victims of human trafficking and they can provide information on their pimps the charges are very often dropped and they are put in programs to help them out of that life.
Indecent Exposure
Most people assume these cases involve some sort of flasher in a trench coat but very often it can be something as simple as pulling over to the side of the road to relieve your bladder. This is a Class B Misdemeanor with a maximum punishment of up to 6 months in the county jail. Multiple convictions for this offense will force the defendant to have to register as a Sex Offender.
Public Lewdness
This offense is most commonly associated with strip clubs however, an overly randy couple could find themselves facing a year in jail and a Class A Misdemeanor if they give in to their passions in the back seat of their car, on the beach or in a public park.
Unlawful Disclosure of Intimate Material
Also known as "revenge porn" is a relatively new phenomenon made possible by camera phones and "sexting". Basically, if a couple make a video or picture of a sexual nature that was meant to be for their private use only, and there is a reasonable expectation that the material would remain private, the individual who exposed that material to the public without the effective consent of the other person may face up to a year in jail and a Class A Misdemeanor.
Sexual Assault
More commonly referred to as Rape, is sex without the victim's consent. Lack of consent is considered when physical violence is threatened or used in order to get the victim to submit or is too intoxicated to resist or appreciate the nature of the act being performed, (i.e. "date rape".)
Consent is also lacking in any situation where the defendant is in a place of power or charged with the care of the victim. This includes 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:
Sexual Assault of a Child
Also referred to as "Statutory Rape" is sex with someone under the age of 17. Seventeen is the age of consent in Texas and anyone under 17 is deemed legally incapable of consenting to a sexual relationship. Therefore, even if the alleged victim is in love with the accused and does not wish to prosecute the case the DA will still move forward. Whether the accused actually knew the person was under 17 is irrelevant to guilt or innocence. So even if he met her in a bar that was 21 and over where she entered with a fake ID or by charming the bouncer the accused could still face conviction. Hence the term "statutory".
There is what is commonly referred to as the "Romeo & Juliet" exception to this statute which says if the parties are not more than three years apart in age, the older party may not be convicted if the younger party was 14 or older at the time of the acts alleged. This is an "Affirmative Defense" and could protect the accused from facing a 2nd Degree Felony. Marriage is also an affirmative defense, so if the complaining witnesses parents have given their permission to marry and the parties are legally authorized to marry, prosecution may be avoided.
Aggravated Sexual Assault of a Child
These cases are the worst of the worst; in some ways, worse than Murder. Why? Because in a run of the mill Murder case if the defendant is convicted he goes to prison, serves his time, and if possible, is released. Once his debt to society is paid, he goes home and can move on with his life, (unless, of course, it's Capital Murder).
Child Molestation cases are very different. Even after prison, a defendant may still be required to register as a sex offender for the rest of his life and if he fails to do so it is a 3rd Degree Felony on top of the original charge. A Registered Sex Offender may not live in certain places. He cannot be near a school, park, daycare or any where else children may congregate. If he buys a new vehicle, he must let local authorities know. He cannot have Halloween decorations on his home or anything else that may be considered attractive or inviting to a child. Any one of these violations could lead to a Felony charge and further imprisonment or even involuntary commitment.
They are also extremely difficult to defend because of people's visceral reaction to the very accusation. Having a child point the finger at a defendant in open court is an extremely powerful tool in a district attorney's arsenal. Nonetheless, these cases can be won but the accused must have the patience, resources and wherewithal to fight the battle. That means hiring an expert witness. It is important to answer the lingering questions in a jury's mind and an expert in child psychology is essential to accomplishing this task. Therefore, it is important to not only budget for legal fees but also the fees of an expert witness.
These cases involve physical penetration of a child under the age of 14. It is a 1st Degree Felony with a maximum punishment of 5 to 99 years in prison and lifetime registration as a sex offender.
Super Aggravated Sexual Assault of a Child
These cases involve penetration of a child 6 years old or younger. The punishment range goes up to 25 to Life with no possibility of parole.
Continuous Sexual Assault of a Child
As above, this is a 25 to Life case. Basically, it involves two or more incidents of abuse within a one month period against a child under 14 years of age. It does not have to involve the same complaining witness and recent changes in the law allow prosecutors to bring up ANY prior bad acts even if the accused has not been convicted of them.
Indecency with a Child
This does not involve penetration. This type of crime involves exposure or physical contact of a child under the age of 17 with the intent to gratify a person's sexual desire. If there is touching involved, it is a Felony of the 2nd Degree and requires registration as a sex offender. If it involves exposure it is a 3rd Degree Felony and does not require registration as a sex offender.
Possession of Child Pornography
Mere viewing of a person under the age of 18 engaged in a sexual act where the viewer knows the actor is under the age of 18 could result in imprisonment for up to 20 years and a fine of up to $10,000. Possession includes care, custody and control of any picture, video, jump drive or file depicting such an image. This is a 2nd Degree Felony.
Improper Relationship with a Student
Although 17 is the age of consent in Texas, this statute makes it illegal to have consensual sex with an individual of that age or older if the accused has a Teaching Certificate or is an employee of the school district. Although a conviction does not require registration as a sex offender, obviously the accused would lose their teaching certificate and likely never work again as a teacher; losing all of their experience, education and basically everything they ever worked for in addition to facing a 2nd Degree Felony and up to 20 years in prison.
Failure to Register
As mentioned above, if one has been convicted of a sexual offense that requires registration as a sex offender one cannot live in certain places, have Halloween decorations. A convict must notify local law enforcement of changes of address, work status and acquisition of a new vehicle. Failure to do so is a 3rd Degree Felony. It is considered a whole new crime for purposes of prosecution and punishment.
Prostitution
What people don't seem to understand about this type of offense is that an actual exchange of money or physical act does NOT need to occur. All the State has to prove at trial is that an agreement existed between the parties for sex for money. A simple quid pro quo so to speak. And whether the accused is the buyer or the seller, it still appears as prostitution on one's record. First offense is a Class B Misdemeanor. Second offense is a Class A. By the third charge one is looking at a State Jail Felony.
This is also considered a Crime of Moral Turpitude meaning it is not only illegal, it is immoral. Like being branded a "thief" it would besmirch that person's reputation for years to come especially if they were called to testify in a judicial proceeding or to make a sworn statement.
Most importantly, a conviction for Prostitution, as with ANY Crime of Moral Turpitude, could have a devastating effect for someone who is not a U.S. citizen...even if they are a Legal Permanent Resident. A case like this could result in their deportation, exclusion from the country and denial of citizenship or visa.
Recent changes in the prosecution of these cases have come about with the development of Human Trafficking Divisions. These departments are charged with helping women caught up in this life as opposed to prosecuting them. With cooperation from Defense Counsel these women are interviewed to see if they are forced or coerced in any way to participate in these activities. If they are deemed to be victims of human trafficking and they can provide information on their pimps the charges are very often dropped and they are put in programs to help them out of that life.
Indecent Exposure
Most people assume these cases involve some sort of flasher in a trench coat but very often it can be something as simple as pulling over to the side of the road to relieve your bladder. This is a Class B Misdemeanor with a maximum punishment of up to 6 months in the county jail. Multiple convictions for this offense will force the defendant to have to register as a Sex Offender.
Public Lewdness
This offense is most commonly associated with strip clubs however, an overly randy couple could find themselves facing a year in jail and a Class A Misdemeanor if they give in to their passions in the back seat of their car, on the beach or in a public park.
Unlawful Disclosure of Intimate Material
Also known as "revenge porn" is a relatively new phenomenon made possible by camera phones and "sexting". Basically, if a couple make a video or picture of a sexual nature that was meant to be for their private use only, and there is a reasonable expectation that the material would remain private, the individual who exposed that material to the public without the effective consent of the other person may face up to a year in jail and a Class A Misdemeanor.
Sexual Assault
More commonly referred to as Rape, is sex without the victim's consent. Lack of consent is considered when physical violence is threatened or used in order to get the victim to submit or is too intoxicated to resist or appreciate the nature of the act being performed, (i.e. "date rape".)
Consent is also lacking in any situation where the defendant is in a place of power or charged with the care of the victim. This includes 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:
- 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 an elderly or disabled individual.
Sexual Assault of a Child
Also referred to as "Statutory Rape" is sex with someone under the age of 17. Seventeen is the age of consent in Texas and anyone under 17 is deemed legally incapable of consenting to a sexual relationship. Therefore, even if the alleged victim is in love with the accused and does not wish to prosecute the case the DA will still move forward. Whether the accused actually knew the person was under 17 is irrelevant to guilt or innocence. So even if he met her in a bar that was 21 and over where she entered with a fake ID or by charming the bouncer the accused could still face conviction. Hence the term "statutory".
There is what is commonly referred to as the "Romeo & Juliet" exception to this statute which says if the parties are not more than three years apart in age, the older party may not be convicted if the younger party was 14 or older at the time of the acts alleged. This is an "Affirmative Defense" and could protect the accused from facing a 2nd Degree Felony. Marriage is also an affirmative defense, so if the complaining witnesses parents have given their permission to marry and the parties are legally authorized to marry, prosecution may be avoided.
Aggravated Sexual Assault of a Child
These cases are the worst of the worst; in some ways, worse than Murder. Why? Because in a run of the mill Murder case if the defendant is convicted he goes to prison, serves his time, and if possible, is released. Once his debt to society is paid, he goes home and can move on with his life, (unless, of course, it's Capital Murder).
Child Molestation cases are very different. Even after prison, a defendant may still be required to register as a sex offender for the rest of his life and if he fails to do so it is a 3rd Degree Felony on top of the original charge. A Registered Sex Offender may not live in certain places. He cannot be near a school, park, daycare or any where else children may congregate. If he buys a new vehicle, he must let local authorities know. He cannot have Halloween decorations on his home or anything else that may be considered attractive or inviting to a child. Any one of these violations could lead to a Felony charge and further imprisonment or even involuntary commitment.
They are also extremely difficult to defend because of people's visceral reaction to the very accusation. Having a child point the finger at a defendant in open court is an extremely powerful tool in a district attorney's arsenal. Nonetheless, these cases can be won but the accused must have the patience, resources and wherewithal to fight the battle. That means hiring an expert witness. It is important to answer the lingering questions in a jury's mind and an expert in child psychology is essential to accomplishing this task. Therefore, it is important to not only budget for legal fees but also the fees of an expert witness.
These cases involve physical penetration of a child under the age of 14. It is a 1st Degree Felony with a maximum punishment of 5 to 99 years in prison and lifetime registration as a sex offender.
Super Aggravated Sexual Assault of a Child
These cases involve penetration of a child 6 years old or younger. The punishment range goes up to 25 to Life with no possibility of parole.
Continuous Sexual Assault of a Child
As above, this is a 25 to Life case. Basically, it involves two or more incidents of abuse within a one month period against a child under 14 years of age. It does not have to involve the same complaining witness and recent changes in the law allow prosecutors to bring up ANY prior bad acts even if the accused has not been convicted of them.
Indecency with a Child
This does not involve penetration. This type of crime involves exposure or physical contact of a child under the age of 17 with the intent to gratify a person's sexual desire. If there is touching involved, it is a Felony of the 2nd Degree and requires registration as a sex offender. If it involves exposure it is a 3rd Degree Felony and does not require registration as a sex offender.
Possession of Child Pornography
Mere viewing of a person under the age of 18 engaged in a sexual act where the viewer knows the actor is under the age of 18 could result in imprisonment for up to 20 years and a fine of up to $10,000. Possession includes care, custody and control of any picture, video, jump drive or file depicting such an image. This is a 2nd Degree Felony.
Improper Relationship with a Student
Although 17 is the age of consent in Texas, this statute makes it illegal to have consensual sex with an individual of that age or older if the accused has a Teaching Certificate or is an employee of the school district. Although a conviction does not require registration as a sex offender, obviously the accused would lose their teaching certificate and likely never work again as a teacher; losing all of their experience, education and basically everything they ever worked for in addition to facing a 2nd Degree Felony and up to 20 years in prison.
Failure to Register
As mentioned above, if one has been convicted of a sexual offense that requires registration as a sex offender one cannot live in certain places, have Halloween decorations. A convict must notify local law enforcement of changes of address, work status and acquisition of a new vehicle. Failure to do so is a 3rd Degree Felony. It is considered a whole new crime for purposes of prosecution and punishment.