Bryan Sex Crimes Defense Lawyer

Texas law addresses a range of sex offenses, including the following:

• Indecent exposure – exposing yourself with an intent to arouse or gratify sexual desires in a way that is reckless about whether another person might be offended
• Public lewdness – knowingly engaging in sexual conduct or intercourse in a public place
• Child pornography – knowingly or intentionally possessing visual material of a minor engaged in sexual conduct
• Sexual assault (rape) – knowingly or intentionally engaging in sexual conduct without the other person’s consent
• Distributing harmful material to a minor – selling, distributing, or displaying sexually explicit material to a minor
• Prostitution – engaging in sexual conduct for a fee or publicly soliciting sexual conduct for a fee

Sexual Assault in Texas

Sexual assault, or rape, occurs when a person engages in sexual conduct with someone without their consent. This might mean the alleged victim was threatened by physical violence so they would submit to the offender, or it could mean that the alleged victim was otherwise unable to physically resist or understand what was happening. In other words, the absence of verbal consent constitutes a lack of consent for a sexual assault claim.

Consent is also lacking when the defendant is in a place of authority or responsible for caring for the alleged victim, such as if the offender is a healthcare provider, public servant, clergy member, or employee of a residential facility.

If any of the following apply, the crime of sexual assault may rise to the level of aggravated sexual assault:

• the offender caused serious bodily injury or attempted to cause the death of the alleged victim;
• the defendant placed the alleged victim in fear of death, serious bodily injury, or kidnapping;
• the offense involved the use or exhibition of a deadly weapon;
• the defendant acted with another to commit the crime;
• the offense involved the use of a “date rape drug";
• the alleged victim is younger than 14 years old;
• the alleged victim is elderly or disabled.

A sexual assault is typically charged as a second degree felony punishable by 2-20 years in state prison and/or a fine of up to $10,000. The offense rises to a first degree felony punishable by 5-99 years in state prison and $10,000 in fines if the offender and alleged victim are married partners. Aggravated sexual assault is also first degree felony with the minimum prison sentence enhanced to 25 years.

Note that adult offenders will be charged with statutory rape if the alleged victim is someone younger than 17 years old. Statutory rape is a second degree felony, unless the minor is younger than 14 years old, in which case the offense is a first degree felony.

Sex Offender Registration

Beyond jail time and fines, convicted sex offenders will also be required to endure the long-term penalty of sex offender registration. Offenders will be assigned one of three risk levels, depending on their dangerousness to the community:

• Low risk – unlikely to commit a sexual crime
• Moderate risk – may continue to commit sex crimes
• High risk – pose a threat to commit a sexual offense

Offenders will either be required to register for life or for 10 years. Sex crimes that warrant lifetime registration include sexual assault, child pornography, sexual abuse of a child, human trafficking, incest, and other sexual crimes against minors. Sex crimes that require registration for 10 years include indecent exposure (first offense), bestiality, prostitution, and soliciting a minor online.

Do not hesitate to speak to a defense lawyer immediately if you have been accused of a sex crime. The sooner you get an attorney on your case, the quicker we can get started on your next steps. As a former detective and police officer, Attorney Andreski knows what the prosecutor will look for to convict you and can more strategically combat those accusations.

Schedule a free consultation with The Law Office of Donnie Andreski, P.C. to get started on your defense.