Aggravated Sexual Assault Of A Child

• Under 14, if age is the aggravating factor
• Sexual Assault + (weapon or SBI or threat of SBI/death or drugged or under 14 or elderly)
• First degree felony, 5-99 years or life, up to $10,000 fine.

Super Aggravated Sexual Assault Of A Child (Age)

• Under 6, if age is the super aggravating factor
• Sexual Assault of Child under 6
• 25 years – life, up to $10,000 fine, no probation or parole

Super Aggravated Sexual Assault Of A Child

• Under 14
• Sexual Assault of Child under 14 + (SBI or Threat or Deadly Weapon or Drugged)
• 25 years – life, up to $10,000 fine, no probation or parole

Sexual Assault Of A Child

• Under 17
• aka Statutory rape; penetration of the sexual organ, anus, mouth or contact of mouth to same.
• Generally a second degree felony, bumped up to first degree felony if prohibited from marrying (incest)

Continuous Sexual Abuse Of A Young Child Or Children

• Under 14
• Two or more qualifying sex acts over 30 days apart; regardless if committed against one or more victims
• 25 years – life, up to $10,000 fine, no probation or parole

Indecency With A Child By Contact

• Under 17
• Contact, not penetration, of genitals, anus, breast, including over clothing.
• Second degree felony, 2-20 years in prison, up to a $10,000 fine

Indecency With A Child By Exposure

• Under 17
• Exposure of anus or any part of their genitals, knowing the child is present; or causes the child to expose with the intent to arouse or gratify the sexual desire of any person
• Third degree felony, 2-10 years in prison, up to a $10,000 fine

Indecent Exposure

• Age is not a factor
• Exposure for purposes of sexual gratification to someone who might be offended or alarmed.
• Class B misdemeanor, 0-180 days, up to a $2,000 fine

Indecent Assault

• Age is not a factor
• Without consent and with the intent to arouse or gratify the sexual desire of any person, touching the anus, breast, or any part of the genitals of another person; touching another person with the anus, breast, or any part of the genitals of any person; exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks, or female areola; or causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.
• Punishment: Class A Misdemeanor, up to 1 year in jail and up to $4,000 fine

Sexual Performance By A Child

• Under 18
• employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct
• If between 14-18, Second degree felony, 2-20 years in prison, up to a $10,000 fine
• If under 14, First degree felony, 5-99 years or life, up to $10,000 fine.

Online Solicitation Of A Minor

• Under 17
• Adult has a sexually explicit conversation; or sends a sexually explicit media; or asks to meet the minor to engage in sexual contact
• Explicit materials or media and 14-17 is a third degree felony
• Conversation about meeting, or explicit conversation under 14 is a second degree felony

Prohibited Sexual Conduct

• Age is not a factor
• Deviate sexual intercourse or sexual intercourse; actor’s ancestor/descendant; current or former stepchild/parent; brother or sister; son or daughter
• By a Parent: Second degree felony, 2-20 years in prison, up to a $10,000 fine
  Other family member: Third degree felony, 2-10 years in prison, up to a $10,000 fine

Trafficking A Child

• Under 18
• Traffics child to engage in forced labor or sexual conduct.
• First degree felony, 5-99 years or life, up to $10,000 fine.

Trafficking

• Age is not a factor
• Transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.
• Second degree felony, 2-20 years in prison, up to a $10,000 fine

Improper Relationship Between Educator & Student

• Age is not a factor
• Sexual contact between a teacher, educator, or any employee of a primary or secondary school and a student.
• Second degree felony, 2-20 years in prison, up to a $10,000 fine

Compelling Prostitution Of A Child

• Under 18
• Person knowingly causes another by force, threat, coercion, fraud or by any means a child to commit prostitution.
• First degree felony, 5-99 years or life, up to $10,000 fine.

Aggravated Promotion Of Prostitution

• Age is not a factor.
• Owns, invests in, finances, controls, supervises, or manages prostitution enterprise with two or more prostitutes.
• First degree felony, 5-99 years or life, up to $10,000 fine.

Promotion Of Prostitution

• Age is not a factor
• Receives proceeds; solicits another to engage for compensation.
• Third degree felony, 2-10 years in prison, up to a $10,000 fine; If under 18: First degree felony, 5-99 years or life, up to $10,000 fine.

Sale, Distribution, Or Display Of Harmful Material To Minor

• Under 18
• Material appeals to the prurient interest of a minor, in sex, nudity, or excretion; sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor.
• Class A Misdemeanor, up to 1 year in jail and up to $4,000 fine; Hires a minor: Third degree felony, 2-10 years in prison, up to a $10,000 fine;

Possession Or Promotion Child Pornography

• Under 18
• Possession or accesses with intent to view, visual material that depicts a child younger than 18 years of age at the time the image of the child was made engaging in sexual conduct.
• Possession: Third degree felony, 2-10 years in prison, up to a $10,000 fine. Promotion: Second degree felony, 2-20 years in prison, up to a $10,000 fine.

Employment Harmful To Children

• Under 18
• Prohibits employment at a massage establishment, nude studio, modeling studio, love parlor, or other similar enterprises with the primary goal of offering services intended to provide sexual stimulation or gratification to customers.
• Between 14-18: Second degree felony, 2-20 years in prison, up to a $10,000 fine. Under 14: First degree felony, 5-99 years or life, up to $10,000 fine.

Possession Or Promotion Of Lewd Visual Material Depicting Child

• Under 18
• Depicts the lewd exhibition of the genitals or public area of a child; appeal to prurient interest in sex;
• State jail felony, 180 days – 2 years and up to $10,000 fine.

Electronic Transmission Of Certain Visual Material Depicting Minor

• Under 18.
• Promotes to another minor visual material depicting a minor engaging in sexual conduct.
• Can be Class C, A, or B Misdemeanor depending on circumstances.

Our Fort Worth Sexual Assault Lawyer Team is made up of Experts

Our Fort Worth sexual assault defense lawyers have been exceptionally successful at reaching these goals, but success starts with an understanding of what you are going through. Three of our lawyers are Board Certified experts in criminal law.

The moment you are accused of sexual assault, your life changes. Regardless of whether there is truth to any of the allegations, you are on the verge of being labeled a sex offender and you are facing serious time in the penitentiary.

False accusations are, unfortunately, made very often. Only a defense attorney experienced in sexual assault cases can guide you through the process that begins the moment an accusation is made. The accusation is followed by an investigation, the case being filed by the detective, the grand jury process, indictment, pre-trial settings and may ultimately end with a trial by jury.

Our lawyers are experienced at launching our own investigation and gathering evidence as soon as an allegation is made. Our legal team has experienced investigators who can unearth evidence usually only accessible to professionals who are experienced in investigating these types of matters.

Potential Defenses Against Sexual Assault Charges

Our attorneys have decades of experience handling cases alleging sexual assault. Common sex crime defenses include:

• The sex act was consensual
• The defendant was married or dating the alleged victim
• The victim mistook the defendant for someone else
• The defendant has an alibi

Frequently Asked Questions about Sexual Assault

The rules that apply to sexual offenses in Texas are found throughout the Penal Code and Code of Criminal Procedure. Some of the most common questions clients ask include:

• What is the punishment range for sexual assault in Texas?
  Sexual assault is generally a second-degree felony punishable by two to 20 years in prison and up to a $10,000 fine. Aggravated sexual assault is a first-degree felony punishable by up to life in prison.
• What is the statute of limitations? (How long can they wait before pressing charges?)
  The statute of limitations is for adult sexual assault is 10 years. However, there is no statute of limitations in a number of circumstances, including if DNA was collected, if it involves serial sexual assault or sexual assault of a child.
• Will I have to register as a sex offender for sexual assault in Texas?
  If you are convicted of sexual assault, you will have to register as a sex offender.
• Can I get probation for sexual assault in Texas?
  Yes, for most sexual assault charges, if you have never before been convicted of a felony in the state of Texas, a jury could recommend probation.

There are a number of sexual assault offenses in Texas. Most require registration as a sex offender if convicted. A staggering number of sexual assault offenses are filed each year. Here is a summary of sex cases that were filed in Tarrant County alone over a five-year period:

Common Sexual Assault Bond Conditions

Even though there is a presumption of innocence in any criminal case, once you are charged with a crime the court will place you on a set of bond conditions you must abide by if you wish to remain out of custody.

• Defendant is subject to a child safety zone: The defendant may not supervise or participate in any program that includes as participants or recipients, persons who are 17 years of age or younger and that regularly provide athletic, civic or cultural activities; or go in, on, or within a distance specified by the judge of premises where children commonly gather, including, but not limited to, a school, day-care facility, playground, public or private youth center, public swimming pool, amusement park, recreation center, or video arcade facility. Specified distance is 1, 000 feet.
• Do not supervise, accept any employment and/or participate in any program or volunteer activity that includes as participants or recipients persons who are 17 years of age or younger and that regularly provide athletic, civic, cultural, or other activities.
• Defendant will not possess any printed, photographed, or recorded material that he/she may use for the purpose of his/her deviant sexual arousal. Nor shall the defendant frequent any place where such material is available for the purpose of deviant sexual arousal. The defendant shall not possess, acquire, obtain, retain or review journalistic, video, photographic, electronic, compact disc, computer-generated or computer originated material, or material generated by an individual or material that is sent or received by the Internet, World Wide Web, text/photo messaging with a cellular device or electronic mail that is sexually oriented and/or portrays nudity of a child or of an adult.
• Avoid any and all contact in any form or fashion with the victim and his or her family. Do not attempt to contact the victim or his or her family by writing, in person, by telephone, or any other harassing manner and do not employ any agents to act on your behalf in reference to contacting the victim or his or her family.
• Defendant shall not reside in a home where persons who are 17 years of age or younger reside unless approved by the court.
• Defendant shall have no contact, visitation, or personal association with any person 17 years of age or younger unless approved by the court. This includes, but is not limited to, contact by phone, writing, and/or in person.
• Defendant will abide by a curfew by remaining in his/her place of residence between the hours of Midnight and 6:00 AM with the exception of medical emergencies or employment. If a medical emergency arises or employment conflicts with the curfew, the defendant is required to provide verification to the Court.
• You shall be responsible for your appearance at all times. This includes the wearing of undergarments and clothing in places where another person may be expected to view you.
• Defendant shall not hitchhike nor pick up hitchhikers.
• Defendant shall not possess, install, and/or download any programs or software on his/her computer equipment that is intended to erase or delete internet and computer activities.
• Defendant is prohibited from using the Internet or World Wide Web to access material that is obscene, access a commercial social networking site, communicate with another individual concerning sexual relations with an individual who is younger than 17 years of age, or communicate with another individual the defendant knows is younger than 17 years of age.
• Install and activate at your own expense, a software program capable of tracking or blocking access to sexually explicit material on any personal computer in your residence or place of employment. Software must be approved by the Court.