The Strauss Law Firm Defends Criminal Sex, Prostitution and Pornography Charges
Sexual assault is any involuntary sexual act in which a person is threatened, coerced, or forced to engage against their will, or any sexual touching of a person who has not consented. This includes rape (such as forced penetration), groping, forced kissing, child sexual abuse, or the torture of the victim in a sexual manner.
A sexual assault is typically a second degree felony. This carries a sentence of two to twenty years in a state prison and/or a fine of up to $10,000. However, this crime may be elevated to a first degree felony if the victim was a person whom the defendant was prohibited from marrying or was prohibited from living under the appearance of being married to the victim. A first degree felony in Texas is punishable by five to ninety-nine years in a state prison and/or a fine of up to $10,000.
Aggravated sexual assault is a first degree felony. The minimum prison sentence may be twenty-five years in the event that the victim is younger than 6 years of age when the crime was committed or if the victim was younger than 14 years of age and either a deadly weapon was used or exhibited, the child was seriously hurt, the defendant attempted to kill the child, or the defendant used drugs to facilitate the crime.
Statutory Rape is the sexual assault of any person under age 17, other than his spouse. Punishment for statutory rape can include mandatory prison or jail sentences, probation, fines, and mandated treatment services. If convicted of statutory rape you will be orderded to register as a sex offender.
For the crime of the promotion of prostitution, the offense is a "Class A" misdemeanor. If the defendant is convicted of aggravated promotion of prostitution, it is a third degree felony, punishable by two to ten years in a state prison and/or a fine of no more than $10,000.
For the crime of compelling prostitution, the offense is second degree felony. This is punishable by two to twenty years in a state prison and/or a fine of no more than $10,000.
(b) An offense under this section is a Class B misdemeanor.
Indecency With A Child
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(1) was not more than three years older than the victim and of the opposite sex;
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.
A person commits an offense if the person, with the intent to obtain workers’ compensation insurance coverage under the workers’ compensation insurance laws
(1) makes a false statement;
Child pornography is the visual representation of minors under the age of 18 engaged in sexual activity or the visual representation of minors engaging in lewd or erotic behavior designed to arouse the viewer’s sexual interest.
Possession or Promotion of Child Pornography); or
(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7).
(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8) , regardless of whether the actor knows the age of the child at the time the actor commits the offense; or
(2) the commission of the offense results in the death of the person who is trafficked.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(d) If the victim of an offense under Subsection (a)(7)(A) is the same victim as a victim of an offense under Section 21.02, a defendant may not be convicted of the offense under Section 21.02 in the same criminal action as the offense under Subsection (a)(7)(A) unless the offense under Section 21.02:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense alleged under Subsection (a)(7)(A) was committed; or
(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a)(7)(A).
The laws concerning any type of Sexual Crimes are serious offenses in the state of Texas and can result in severe punishment including incarceration. There are enhanced minimum sentences when the offense is committed against a victim who is elderly, pregnant, incapacitated, in a public vehicle such as a bus or a train, between family members, when the victim is a law enforcement or correctional officer, and in other special circumstances.
If possible it is in your best interest to have an attorney with you at the time of arrest. During arrests, mistakes can occur than can both violate your legal rights and hinder evidence that could be used to defend you. Assault cases require not only an experienced and knowledgeable attorney with good defense strategies but an attorney is familiar with the local courts and law enforcement agencies.