Sex Crimes

Sexual assault charges are just about as serious as they come. A person commits sexual assault by force or violence if the person intentionally or knowingly causes the penetration of the mouth, sexual organ, or anus of another person by any means without that person’s consent. By compelling the other person to submit or participate by the use of physical force or violence. Sexual assault is a second degree felony, but can also be a first degree felony.

Aggravated sexual assault is a first degree felony with a minimum of 25 years if the victim is younger than 14 years old. A person commits aggravated sexual assault—causing or attempting to cause serious bodily injury—if the person knowingly or intentionally commits sexual assault and causes serious bodily injury or attempts to, in the course of the same criminal episode.

A person commits indecent exposure when the person exposes his or her anus or any part of his genitals with the intent to arouse or gratify the sexual desire of any person, and is reckless about whether another is present who will be offended or alarmed by the act. Indecent exposure is a Class B Misdemeanor.

If you have ever ‘hooked up’ in the privacy of your car, there is a good chance you committed the Class A Misdemeanor of Public Lewdness. A person commits public lewdness in a public place if the person, in a public place, knowingly engages in an act of sexual intercourse, deviate sexual intercourse, sexual contact or contacting between the person’s mouth or and the anus or genitals of an animal or fowl, A.K.A. bestiality. The only difference between public lewdness in a public place versus a non-public place is that the sexual act is not done in a public place, and the person is reckless about whether another is present who will be offended or alarmed by the sexual act.

A person commits indecent with a child if a person, with a child under the age of 17, engages in sexual contact with the child, or causes the child to engage in sexual contact. Indecency with a child in Texas is a second degree felony and it is also a lesser included offense of sexual assault of a child.

There are two types of solicitation of a minor charges—normal solicitation and online solicitation of a minor. The degree of the crime is one category lower than the solicited offense. A person commits criminal solicitation of a minor when a person, with the intent to commit an offense in code of criminal procedure chapter 42.12 be committed, requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would constitute an offense listed under code of criminal procedure 42.12, or make the minor a party to the commission of an offense listed in 42.12. The solicited offenses include continuous sexual abuse of a child, indecency with a child, sexual assault, aggravated sexual assault, compelling prostitution, and sexual performance by a child. There are two types of solicitation of a minor charges—normal solicitation and online solicitation of a minor. The degree of the crime is one category lower than the solicited offense. A person commits criminal solicitation of a minor when a person, with the intent to commit an offense in code of criminal procedure chapter 42.12 be committed, requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would constitute an offense listed under code of criminal procedure 42.12, or make the minor a party to the commission of an offense listed in 42.12. The solicited offenses include continuous sexual abuse of a child, indecency with a child, sexual assault, aggravated sexual assault, compelling prostitution, and sexual performance by a child.

The rules on sex registration are very complex. Crimes for which a person must register as a sex offender for ten years include indecency with a child, compelling prostitution, unlawful restraint, kidnapping, aggravated kidnapping with affirmative finding that the victim was younger than 17, second conviction for indecent exposure, attempt, conspiracy or solicitation to engage in an offense under code of criminal procedure 62.001, a violation or adjudication of delinquent conduct of laws of another state, federal, or foreign country that contains substantially similar elements to an offense in Texas, online solicitation of a minor, and juvenile offenses transferred from juvenile court to district court. Lifetime registration is mandated for people convicted of continuous sexual abuse, indecency with a child, sexual assault, aggravated sexual assault, sexual performance by a child, aggravated kidnapping with intent to violate or abuse sexually, burglary with intent to commit sexually violent offense, and similar laws in other states, federally, or foreign countries. Other convictions that require registration include trafficking of persons, prohibited sexual conduct, compelling prosecution under 18, possessing or promoting prostitution, indecency with a child, unlawful restraint, and obscenity with patently offensive or obscene materials. Failure to comply with the registration requirements is a second degree felony for those who are lifetime registered and fail to report once every 90 days. Failure to comply with registration requirements is a third degree felony for those who are required to verify registration once a year. It is a state jail felony for juveniles ordered to register for ten years.

Person who is required to register may file a motion to early terminate their registration as a sex offender.

Improper photography is a state jail felony, meaning the range of punishment is 180 days to two years in state jail, and there are three different types of improper photography charges: in a bathroom or dressing room, not in a bathroom or dressing room, and promoting. A person commits improper photography when a person photographs, videotapes or by other electronic means records, broadcasts, or transmits a visual image of another without the other person’s consent, and with the intent to arouse or gratify the sexual desire of any person.

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