Sex Crimes In Texas – Defense Lawyers in Fort Worth

Felony and Misdemeanor Sex Crimes Under Texas Law

Criminal Defense For Sex Crimes in Texas

Sex based offenses can be devastating to every aspect of your life. Whether the accusation is sexual assault, prohibited sexual contact, incest, fondling, or merely having an inappropriate relationship, those allegations can alienate you and may very well result in a stiff prison sentence. Despite the presumption of innocence in our legal system based on the prosecution’s burden to prove all elements beyond a reasonable doubt, sexual allegations are one area where people accused often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting reaching out to an attorney immediately.

Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. The attorneys at Cofer Luster Law Firm, PC will handle your case with discretion and skill. We will fight to keep you out of jail, keep your reputation intact, and fight to keep your life from falling apart.

It is a tragedy that sexual assaults and other sexual abuse actually happens in our world. This tragedy often causes those working in the legal or social services system to lose sight of another tragedy: false allegations. The mere hint of allegations of sexual assault, indecency with a child, incest, or any other of these sex crimes may be enough to destroy a person’s life. The media publicizes these sex crimes in Texas and enflames prospective jurors, prosecutors, and politicians (judges). Every accusation is a serious accusation. It just takes the wrong person overhearing a child’s imagined story or the wrong person overhearing a tacky joke. Then the sticky web of sexual accusations can begin.

Do not make the mistake of not taking an allegation of child sexual abuse, child molesting, or rape seriously. You may know you did nothing wrong, but that does not mean that the sexual allegation somehow magically disappears; an allegation may still require you to register in the Texas offender registry. This could be the preamble to the most difficult time and fight of your life. Let us help.

List of Commonly Prosecuted Sex Crimes in Texas

§15.031 – Criminal Solicitation of a Minor (Under 17) A person commits an offense if, with intent that one of the following offenses be committed, the person attempts to induce a minor to engage in specific conduct that, under circumstances as the actor believes them to be, would either constitute an offense under one of the following sections, OR make the minor a party to the commission of the offense under one of these Penal Code sections: §15.03 (First Degree Criminal Solicitation); §19.02 (Murder); §19.03 (Capital Murder); §20.04 (Aggravated Kidnapping); §20A.02 (Trafficking of Persons); §21.11(a)(1) (Indecency with a Child); §22.011 (Sexual Assault); §22.021 (Aggravated Sexual Assault); §22.04(a)(1) (Injury to a Child, Elderly Individual, or Disabled Individual); §29.03 (Aggravated Robbery); §30.02 (Felony Burglary); §43.05 (Compelling Prostitution); §43.25 (Sexual Performance by a Child); or certain violations of Chapter 481 of the Health and Safety Code.

A person cannot be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the minor act on the solicitation. It is no defense to prosecution under this section that:

  1. The minor solicited is not criminally responsible for offense solicited,
  2. The minor solicited has been acquitted or been convicted for a different offense, or is immune from prosecution,
  3. The actor belongs to class of persons legally incapable of committing the offense in an individual capacity,
  4. The offense solicited was actually committed.

An offense under this section is one category of punishment lower than the solicited offense, unless certain gang related details can be proven.


§20.04 – Aggravated Kidnapping A person commits an offense if he intentionally or knowingly abducts another person with the intent to hold him for ransom or reward; use him as a shield or hostage; facilitation the commission of a felony or the flight after the attempt or commission of a felony; inflict bodily injury on him or violate or abuse him sexually; terrorize him or a third person; or interfere with the performance of any governmental or political function.

This is a first-degree felony unless the defense shows by a preponderance of the evidence that he voluntarily released the victim in a safe place, in which case this is a second degree felony. First-degree felony: No more than 99 years or less than 5 years Second-degree felony: No more than 20 years or less than 2 years.


§21.06 – Homosexual Conduct* A person commits the offense if he engages in deviate sexual intercourse with another individual of the same sex. This is a Class C misdemeanor. Class C misdemeanor: Fine up to $500.

*This law was declared unconstitutional by the United States Supreme Court in Lawrence v. Texas


§21.07 – Public Lewdness A person commits an offense if he: 1. Knowingly engages in one of the following acts in a public place, OR 2. Engages in one of the following acts while reckless as to whether another is present who will be offended or alarmed: a. Act of sexual intercourse, b. Act of deviate sexual intercourse, OR c. Act of sexual contact.

This is a Class A misdemeanor. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both.


§21.08 – Indecent Exposure A person commits an offense if he: 1. Exposes himself with intent to arouse or gratify the sexual desire of any person, AND 2. Is reckless as to whether another is present who will be offended or alarmed.

This is a Class B misdemeanor. Class B misdemeanor: Fine up to $2,000 OR up to 180 days in jail OR both.


§21.11 – Indecency With a Child (Under 17 years of age) A person commits an offense if, with a child not his spouse, he: 1. Engages in sexual contact with the child, OR 2. Causes the child to engage in sexual contact, OR 3. Exposes himself to the child with intent to arouse or gratify any person, OR 4. Causes the child to be exposed with intent to arouse or gratify any person. It is an affirmative defense to prosecution that the actor: 1. Is not more than three years older than the victim, AND 2. Is of the opposite sex, AND 3. Did not use force, threat of force, or duress against victim, AND 4. Was not required to register for life as a sex offender.

Offenses 1 and 2 are second-degree felonies; offenses 3 and 4 are third-degree felonies. Third-degree felony: No more than 10 years or less than 2 years incarceration.


§21.12 – Improper Relationship Between Educator and Student An employee of a primary or secondary school commits an offense if he (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person enrolled at the school where the employee works who is not the employee’s spouse, OR (2) engages in online solicitation of a minor, with a person who is enrolled in a public or private primary or secondary school at which the employee works, regardless of the age of that person.

This is a felony of the second degree. Second-degree felony: No more than 20 years or less than 2 years If the conduct giving rise to a violation of this section would also be a violation of any other section, the actor may be prosecuted under either or both sections.


§21.15 – Invasive Visual Recording A person commits an offense if the person photographs or by other means visually records, broadcasts or transmits a visual image of an intimate area of another without the other person’s consent while having the intent to invade the privacy of the other person; OR records an image of another person in a bathroom or changing room; OR knowing the character and content of a photograph or recording, promotes the photograph or recording.

This is a state jail felony. State jail felony: No more than 2 years or less than 180 days in state jail If the conduct giving rise to a violation of this section would also be a violation of any other section, the actor may be prosecuted under either section.


§22.011 – Sexual Assault A person commits an offense if he: 1. Intentionally or knowingly a. Causes the penetration of another person by any means without that person’s consent, OR b. Penetrates the mouth of another person without consent, OR c. Engages in sexual contact with another person without that person’s consent, OR 2. Intentionally or knowingly: a. Causes the penetration of a child by any means, OR b. Penetrates the mouth of a child, OR c. Causes a child to penetrate another party including the actor, OR d. Causes a child to engage in sexual contact with another person, including the actor. Under Texas law, a sexual assault under Offense 1 is without consent if any of the following are true: 1. The actor compels victim to submit or participate through use of force. 2. The actor compels victim to submit or participate by threatening force against victim AND victim believes the actor has the ability to execute the threat. 3. Victim has not consented and actor knows victim is unconscious or physically unable to resist. 4. Actor knows that because of mental disease or defect at time of assault, victim is incapable of appraising nature of act or of resisting. 5. Victim has not consented and actor knows that victim is unaware that assault is occurring. 6. Actor has intentionally impaired victim’s ability to appraise or control conduct by administering any substance without victim’s knowledge. 7. Actor compels victim to submit or participate by threatening force against any person and victim believes actor has ability to execute the threat. 8. Actor is public servant who coerces victim to submit or participate. 9. Actor is mental health or health care provider who causes victim, who is current or former patient of actor, to submit by exploiting victim’s emotional dependency on actor. 10. Actor is clergyman who causes the victim to submit by exploiting victim’s emotional dependency on clergyman in professional character as spiritual adviser. 11. Actor is employee of facility (e.g. home for elderly or mentally disabled) where victim is a resident unless employee and resident are married. It is a defense to prosecution under Offense 2 that the conduct consisted of medical care for the child and did not include sexual contact between child and the actor or a third party. It is an affirmative defense to Offense 2 that the actor: 1. Was not more than three years older than victim at time of offense, AND 2. Was not required to register as a sex offender, AND 3. Victim was at least 14 years of age.

This is a felony of the second degree. Second-degree felony: No more than 20 years or less than 2 years.


§22.021 – Aggravated Sexual Assault A person commits an offense if a person commits sexual assault and either: 1. Causes serious bodily injury or attempts to cause death of victim or another person during same criminal episode, OR 2. By acts or words places victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person, OR 3. By acts or words in presence of victim threatens to cause death, serious bodily injury or kidnapping of any person, OR 4. Uses or exhibits a deadly weapon in course of same criminal episode, OR 5. Acts in concert with another person who commits sexual assault against the same victim, OR 6. Administers any impairing substance to victim the with intent to facilitate the offense, OR 7. Victim is under 14 years of age, OR 8. Victim is elderly or disabled individual.

This is a felony of the first degree. First-degree felony: No more than 99 years or less than 5 years in prison.


§25.02 – Prohibited Sexual Conduct An individual commits an offense if he knowingly engages in sexual intercourse or deviate sexual intercourse with: 1. His ancestor or descendant by blood or adoption, OR 2. Current or former stepchild or stepparent, OR 3. Uncle or aunt by whole or half blood, OR 4. Whole or half brother or sister by blood or adoption, OR 5. Children of brother or sister by blood or adoption, OR 6. Children of aunt or uncle by blood or adoption.

Offense 1 is a felony of the second degree. The remaining offenses are felonies of the third degree. Second-degree felony: No more than 20 years or less than 2 years. Third-degree felony: No more than 10 years or less than 2 years imprisonment.


§43.02 – Prostitution A person commits an offense if he knowingly either: 1. Offers to engage or agrees to engage in sexual conduct for a fee, OR 2. Offers or agrees to pay a person to engage in sexual conduct with that person or someone else. The offense is established regardless of whether the actor is to pay or receive the fee.

If the actor has not previously been convicted under this section, this is a Class B misdemeanor. If the actor has previously been convicted once or twice under this section, this is a Class A misdemeanor. If the actor has previously been convicted three or more times under this section, this is a state jail felony. Offense 2 is bumped up to a Second Degree Felony if the sexual act is solicited from someone younger than 18 or from someone the accused believed was younger than 18. Class B misdemeanor: Fine up to $2,000 OR up to 180 days in jail OR both. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. State jail felony: No more than 2 years or less than 180 days in state jail. Second-degree felony: No more than 20 years or less than 2 years.


§43.03 – Promotion of Prostitution A person commits an offense if, acting other than as a prostitute receiving payment for personally rendered services, he or she knowingly: 1. Receives money or other property pursuant to agreement to participate in proceeds of prostitution, OR 2. Solicits another to engage in sexual conduct with another person for a fee.

This is a State Jail Felony for a first time offense. Subsequent charges are third degree felonies. Either offense is a second degree felony if the prostitute is younger than 18, even if the accused person wasn’t aware of the prostitute’s age. State jail felony: No more than 2 years or less than 180 days in state jail. Third-degree felony: No more than 10 years or less than 2 years. Second-degree felony: No more than 20 years or less than 2 years.


§43.04 – Aggravated Promotion of Prostitution A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

This offense is a felony of the second degree, but becomes a felony of the first degree if the enterprise uses a prostitute younger than 18 years old, even if the accused person wasn’t aware of the prostitute’s age. Second-degree felony: No more than 20 years or less than 2 years. First-degree felony: No more than 99 years or less than 5 years in prison.


§43.05 – Compelling Prostitution A person commits an offense if he knowingly: 1. Causes another by force, threat, or fraud to commit prostitution, OR 2. Causes a child under 18 years old by any means to commit prostitution.

Offense 1 is a felony of the second degree. Offense 2 is a felony of the first degree. Second-degree felony: No more than 20 years or less than 2 years. First-degree felony: No more than 99 years or less than 5 years in prison.


§43.21 – Definitions “Obscene” means material or a performance that: 1. The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex, AND 2. Depicts or describes: a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality, OR b. patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs, AND 3. Taken as a whole, lacks serious literary, artistic, political, and scientific value.

“Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or offer or agree to do the same.

“Wholesale promote” means to manufacture, issues, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for the purposes of resale.


§43.22 – Obscene Display or Distribution A person commits an offense if he: 1. Intentionally or knowingly displays or distributes obscene material, AND 2. Is reckless about whether a person is present who will be offended or alarmed.

This offense is a Class C misdemeanor. Class C misdemeanor: Fine up to $500.


§43.23 – Obscenity

a. A person commits an offense if, knowing its content and character, he wholesale promotes or possesses any obscene material or device.

b. Except as provided by Subsection (h) below, this offense is a state jail felony. State jail felony: No more than 2 years or less than 180 days in state jail. Under Subsection (h), this offense becomes a felony of the third degree. Third-degree felony: No more than 10 years or less than 2 years.

c. A person commits an offense if, knowing its content and character, he: 1. Promotes or possesses with intent to promote any obscene material or device, OR 2. Produces, presents, directs, or participates in an obscene performance.

d. Except as provided by Subsection (h) below, this offense is a Class A misdemeanor. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. Under Subsection (h), this offense becomes a state jail felony. State jail felony: No more than 2 years or less than 180 days in state jail.

e. A person who promotes or wholesale promotes obscene material or device or possesses obscene material with intent to promote or wholesale promote it in the course of his business is presumed to have knowledge of the material’s content and character.

f. A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote.

g. It is an affirmative defense to prosecution that the person who possesses or promotes obscene material or devices does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose.

h. The actor is subject to increased punishment under Subsections (a) and (c) if the obscene material depicts acts engaged in by: 1. A child younger than 18 at the time the image of the child was made, OR 2. An image that to a reasonable person would be virtually indistinguishable from the image of a child younger than 18 years old, OR 3. An image created or modified to be the image of an identifiable* child.

*”Identifiable Child” means an actual person, recognizable by the person’s face, likeness or other distinguishing characteristic, either: 1. Younger than 18 years at the time the depiction was created or modified, OR 2. Whose image as a person younger than 18 was used in creating the image. The identity of the identifiable child does not have to be proved by the State in order to increase the level of punishment.


§43.24 – Sale, Distribution, or Display of Harmful Material to Minor (Under 18) “Harmful material” means material whose dominant theme, taken as a whole: 1. Appeals to the prurient interest of a minor in sex, nudity, or excretion, AND 2. Is patently offensive to prevailing standards in the adult community as to what is appropriate for minors, AND 3. Is utterly without redeeming social value for minors.

A person commits an offense if, knowing that the material is harmful, the actor: 1. Sells or distributes material to a person the actor knows to be a minor, OR 2. Displays harmful material and is reckless as to whether a minor is present who will be offended or alarmed, OR 3. Hires or employs a minor to assist or accomplish acts in Subsections 1 or 2. It is a defense to prosecution under this section that either: 1. The sale was by a person having scientific, educational, governmental, or other similar justification, OR 2. The sale was to a minor spouse of the actor.

An offense under Subsection 1 or 2 is a Class A misdemeanor; an offense under Subsection 3 is a third degree felony. Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both. Third-degree felony: No more than 10 years or less than 2 years.


§43.25 – Sexual Performance by a Child For the purposes of this section, a sexual performance is any performance that includes sexual conduct by a child under 18. A performance is a play, video, motion picture, or any other visual representation for an audience of one or more persons.

A person commits an offense if, knowing the character and content of the performance, he employs, authorizes, or induces a child under 18 to engage in a sexual performance. A parent or guardian of a child under 18 commits an offense if he consents to the participation of the child in a sexual performance.

An offense under this section is a felony of the second degree, but is a felony of the first degree if the child is younger than 14 years old. First-degree felony: No more than 99 years or less than 5 years in prison. Second-degree felony: No more than 20 years or less than 2 years.

d. A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a sexual performance by a child under 18.

An offense under this section is a felony of the third degree, but is a felony of the second degree if the child is younger than 14 years old. Second-degree felony: No more than 20 years or less than 2 years. Third-degree felony: No more than 10 years or less than 2 years.

It is an affirmative defense to prosecution under this section that: 1. The defendant was the child’s spouse at the time of the offense, OR 2. The conduct was for a bona fide educational, medical, psychological, judicial, law enforcement, or legislative purpose, OR 3. The defendant is not more than two years older than the child.


§43.251 – Employment Harmful to Children A person commits an offense if the person employs, authorizes, or induces a child under 18 to work: 1. In a sexually oriented commercial activity, OR 2. In any place of business permitting, requesting, or requiring child to work nude or topless.

This offense is a felony of the second degree, but is a felony of the first degree if the child is younger than 14 years old. First-degree felony: No more than 99 years or less than 5 years in prison. Second-degree felony: No more than 20 years or less than 2 years.


§43.26 – Possession or Promotion of Child Pornography a. A person commits an offense if he knowingly or intentionally: 1. Possesses or accesses with intent to view visual material depicting a child under 18 at the time the image was made engaging in sexual conduct, AND 2. Knows that the material depicts a child under 18 engaging in sexual conduct.

This offense is a felony of the third degree. The offense is increased to a felony of the second degree if the actor has once previously been convicted of the same offense. The offense is increased to a felony of the first degree if the actor has two or more times previously been convicted of the same offense. First-degree felony: No more than 99 years or less than 5 years in prison. Second-degree felony: No more than 20 years or less than 2 years. Third-degree felony: No more than 10 years or less than 2 years.

It is an affirmative defense to prosecution under this section that: 1. The defendant was the child’s spouse at the time of the offense, OR 2. The conduct was for a bona fide educational, medical, psychological, judicial, law enforcement, or legislative purpose, OR 3. The defendant is not more than two years older than the child.

e. A person commits an offense if he knowingly or intentionally: 1. Promotes or possesses material described in Subsection (a), AND 2. The person knows that the material depicts a child under 18 engaged in sexual conduct.

A first-offense under this subsection is a felony of the second degree. Second and subsequent offenses are felonies of the first degree. First-degree felony: No more than 99 years or less than 5 years in prison. Second-degree felony: No more than 20 years or less than 2 years.

f. A person who possesses six or more identical visual depictions of a child as described by Subsection (a) is presumed to possess the material with intent to promote the material.


Punishment Under Texas Statutes

  • Class C misdemeanor: Fine up to $500
  • Class B misdemeanor: Fine up to $2,000 OR up to 180 days in jail OR both.
  • Class A misdemeanor: Fine up to $4,000 OR up to 1 year in jail OR both.
  • State jail felony: No more than 2 years or less than 180 days in a state jail facility.
  • Third-degree felony: No more than 10 years or less than 2 years in institutional division.
  • Second-degree felony: No more than 20 years or less than 2 years in institutional division.
  • First-degree felony: No more than 99 years or less than 5 years in institutional division.
  • Continuous Sexual Abuse: No more than 99 years or Life and no less than 25 years imprisonment in the institutional division of TDCJ.
  • For every felony, defendant may also be fined up to $10,000.

If you are accused of sexual misconduct or assault: Don’t Panic!

Being accused of sexual assault is an intensely emotional situation. False allegations of sexual abuse (child or adult) will no doubt make you furious and scared. But do not let your emotions guide your actions. You need to get a caring criminal defense attorney that can guide you and keep you focused on the difficulties ahead of you. You will not help your position by blowing up, threatening anyone, or just sticking your head in the sand. You need to get a Fort Worth defense attorney and get one fast.

You may know there is no DNA supporting the false claims of sexual abuse. You might think to yourself, “There is no medical evidence. How can they accuse me of sexual assault on just someone’s word?” It may not be right, but it certainly happens every day. Prosecutors often start their jury selection by asking “Who here has seen CSI?” and then they strategically eliminate those prospective jurors that will require physical evidence to convict. You should know, some prosecutors are willing to seek a conviction for sexual assault with NO PHYSICAL EVIDENCE. More importantly, some jurors are willing to convict someone of sexual assault with NO PHYSICAL EVIDENCE. You need an attorney that will prepare your case from day one to present your case to a jury while maintaining the utmost level of discretion. Our firm will work tirelessly on your case to protect you rights and reputation.

Counties Served Regarding Sex Crimes In Texas

James Luster and Cody Cofer limit their practice primarily to Tarrant County and surrounding counties; however, for sexual accusation, he will accept representation in counties throughout Texas and Federal Courts through the country. Most commonly, James and Cody are retained to defend sexual accusations in Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. If your case is in one of these counties, or anywhere in Texas, call Cofer Luster Law Firm, PC to speak with them about the accusation against you.

Defending Felony Sexual Allegations in Texas

Allegations of sexual misconduct sex crimes have many different labels and associated terms. People commonly refer to certain conduct as “rape,” “incest,” or “indecent exposure.” The laws regarding sex crimes in Texas have specific terms for different kinds of allegations.  The label used may be confusing. Some may be felony sexual accusations (possibly resulting in a prison sentence) or some may be misdemeanor sexual accusations (possibly resulting in a county jail sentence). Cody Cofer and James Luster are criminal defense lawyers that will fight to protect your rights and reputation.  When you’re facing sexual accusations in Fort Worth, Texas call the Tarrant County criminal defense attorneys who will work from day one to have your case dismissed or have a jury find you “not guilty.”

Some of those felony sexual allegations may include:

  • Sexual Assault: Very few charges could pose such a negative impact on your future as sexual assault allegations. Any individual could claim they were sexually assaulted without providing any substantiated evidence. Horrifically, sexual assault charges are sometimes based on malicious accusations based on a variety of motivations.
  • Indecency with A Child: A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact. Or a person could be accused of having the intent to arouse or gratify the sexual desires and exposing the person’s anus or any part of the person’s genitals, knowing the child is present. A third way indecency with a child is alleged is causing the child to expose the child’s anus or any part of the child’s genitals. “Sexual Contact” in this context means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (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.  These allegations can be punished as either a second or third degree felony.  This means you could be facing up to 20 years in prison.
  • Continuous Sexual Abuse of a Child or Children: This accusation means that during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.  In this context “act of sexual abuse” means any act that is a violation of one or more of the following penal laws:

(1) aggravated kidnapping under Section 20.04(a)(4) of the Penal Code, if the actor committed the offense with the intent to violate or abuse the victim sexually;

(2) indecency with a child under Section 21.11(a)(1) of the Penal Code , if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;

(3) sexual assault under Section 22.011 of the Penal Code;

(4) aggravated sexual assault under Section 22.021 of the Penal Code;

(5) burglary under Section 30.02 of the Penal Code, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4);

(6) sexual performance by a child under Section 43.25 of the Penal Code;

(7) trafficking of persons under Section 20A.02(a)(7) or (8) of the Penal Code; and

(8) compelling prostitution under Section 43.05(a)(2) of the Penal Code.

What’s very important and perhaps devastating to due process is the fact that if a jury is the trier-of-fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must only agree unanimously that you, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. This is generally punishable as a felony of the first degree which means with no prior criminal history you can be sent to prison in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.

  • Improper Relationship Between Educator and Student: A person commits the offense of Improper Relationship Between Educator and Student if that person is an employee of a public or private primary or secondary school and engages in: (1)  sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; or (2)  engages in online solicitation of a minor, with a person who is enrolled in a public or private primary or secondary school at which the employee works, regardless of the age of that person. Improper Relationship Between Educator and Student is a felony of the second degree. Regardless of what the allegations of sexual misconduct are labeled, “rape,” “incest,” or “indecent exposure” you need an attorney that is willing to fight to protect you rights and reputations.

Contact Tarrant County Criminal Defense Attorneys James Luster and Cody Cofer in their downtown Fort Worth office to talk about your defense. You cannot call soon enough. The damage from false allegations can be devastating if not properly and timely addressed.

Defending Texas Misdemeanor Sexual Allegations

Even allegations of sexual misconduct “only” rising to the level of a misdemeanor offense can have far reaching consequences on your future, regardless of whether they true or not. Our attorneys understand these allegations can be embarrassing and will handle your case with discretion and respect. Many counties, including Tarrant County, have special sections of the prosecutors’ office for handling sexual accusations. Your criminal defense attorney should be familiar with the special procedures and personnel that these sections have.

Some misdemeanor allegations include:

  • You could be accused of public lewdness.  A person commits public lewdness when he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; or (3) act of sexual contact. Generally this can be punished by up to a year in jail and up to a $4000 fine.
  • You could be accused of indecent exposure. A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. This can be punished by up to six months in the county jail and up to a $2000 fine.

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