Houston Sex Crime Attorney

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Have you or a loved one been accused of a sexual crime in Harris County?

The law says that you are innocent of a criminal charge unless you are found guilty beyond a reasonable doubt. In the case of sex crimes, while the law may be clear, people can sometimes make rash judgements based on rumors and fear which can be damaging to your reputation.

Just the hint of a sex crime charge can radically alter your life. It is therefore essential that you retain the services of an experienced Houston sex crimes attorney as quickly as possible after learning of an accusation of sexual misconduct.

At the Law Office of Nathaniel Pitoniak, we will investigate the claim against you, ensure that your rights are protected, project whether any and all defenses will be developed, and fight for a dismissal or a reduction in the charge(s) you face. Call us today.

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What is a Sex Crime in Texas?

In Texas, what qualifies as a sex crime is determined by a combination of state and federal law. The crimes range from misdemeanors to serious felonies. Some of the more common sex charges include:

Sexual Assault. The common term of “rape” does not appear in the Texas Penal Code. Texas classifies what many people consider rape as “Sexual Assault.” Sexual Assault is classified as any penetration of sexual organs, anus, or mouth without the consent of either acting party.  The law (section 22.011 of the Texas Penal Code) also includes sexual assault of a child under the age of 17 (statutory rape). Sexual assault is usually a felony of the second degree. A second-degree felony in the State of Texas is punishable by two to twenty years in prison, and/or up to $10,000 in fines. There are certain defenses that may be applicable in a sexual assault case. One of those is actual innocence—the defendant could not have committed the crime because the prosecution did not raise enough evidence to prove all elements of the crime. Another defense is misidentification. A witness may have misidentified the alleged perpetrator, in which case, the case could rest on DNA or other identifying information to disprove the theory proposed by the prosecution. A third defense to sexual assault is consent—the behavior that took place is admitted by the defendant, however, the argument is that the behavior was not against the will of the alleged victim, assuming they are above 17, the age of consent in Texas. Showing consent can be an uphill battle, as there are rarely witnesses to the incident.

Aggravated Sexual Assault. Aggravated sexual assault is when a person intentionally, knowingly, or recklessly causes or threatens harm to another person through a sexual attack, without consent. Some factors that may aid in proving the increased charge of aggravated sexual assault are the following:

• The assault resulted in serious bodily injury, or death of the victim.
• The victim was in fear of serious bodily injury, kidnapping, or death.
• A deadly weapon was either used in the assault or there was a threat by the alleged perpetrator that a deadly weapon would be used.
• Drugs such as rohypnol, ketamine, or gamma hydroxybutyrate were used on the victim in an attempt to facilitate the commission of the offense.
• The victim is younger than 14, older than 65, or is disabled.

The primary difference between aggravated sexual assault and sexual assault—aside from the harm to the victim—is the severity of penalties. A conviction of aggravated sexual assault can result in a sentence of 5-99 years in prison, or life in prison with an additional fine of $10,000.00. If the victim is younger than six years old—or younger than 14 and is subjected to serious bodily injury or death or the use of a deadly weapon—the perpetrator could face a minimum of 25 years in prison.

Indecency with a Child. In most states this is known as child molestation. The criminal act of indecency with a child is separated into two offenses in the state of Texas—indecency with a child by contact and indecency with a child by exposure. Texas Penal Code, Section 21.11 defines indecency with a child as an offense with a child younger than 17, whether the child is the same or opposite sex of the alleged offender and regardless of whether the offender knows the age of the child at the time of the offense. The offense requires sexual contact with the child (or causing the child to engage in sexual contact) or the exposure of the person’s genitals or anus with full knowledge the child is present or causing the exposure of the child’s genitals or anus with intent to arouse or gratify sexual desire of the perpetrator. The first act is indecency with a child by contact, the second is indecency with a child by exposure, and each act has different punishments. Indecency with a child by contact is a second-degree felony (two to 20 years in prison and a fine as large as $10,000). Indecency with a child by exposure for a person with no prior criminal record is a third-degree felony (two to ten years in prison and/or a fine as large as $10,000). The defenses for indecency with a child by contact are limited. If the accused is married to the minor, then no offense has occurred. If the accused is less than four years older than the child, is not a registered sex offender, is the opposite sex of the child, and there was no use of force or threats of force, then consent may be used as a defense.

Continuous Sexual Abuse of a Child. This offense occurs when a person over the age of 17 commits two or more acts of sexual abuse within a 30-day period with a child or multiple children under the age of 14. Sexual abuse in this case can include sexual assault, child molestation, prostitution, and sex trafficking, among others. The punishment for Continuous Sexual Abuse of a Child is a felony of the first degree, bringing a minimum prison term of 25 years.

Indecent Exposure. Exposing one’s private parts with intent to gratify sexual desire and being reckless about whether someone present will be offended by the act, is a Class B misdemeanor. A person may be charged with Indecent Exposure for showing their genitals or anus to another person if they do so with the purpose of arousing themselves or the other person. The prosecutor must be able to show that the defendant acted recklessly and willfully, ignoring the reasonable assumption that the person or people present would be upset by the act. If there is any touching involved, charges of indecent exposure can potentially be upgraded to sexual assault or attempted rape. In the state of Texas, a charge of indecent exposure is a class B misdemeanor, with penalties of up to 180 days in jail, a fine as large as $2,000, or both, plus an additional term of probation. In some instances, a conviction of indecent exposure in the state of Texas will require the convicted party to register as a sex offender. Two or more convictions for indecent exposure will almost certainly result in the necessity for the offender to register as a sex offender.

Public Lewdness. This covers a variety of acts (sexual intercourse, sexual contact) which are knowingly performed in a public place, or in a private place where the defendant is reckless about whether someone present will be offended. Knowingly engaging in an act of sexual intercourse, an act of deviant sexual intercourse, or any act of sexual contact either in a public place, or in a manner in which the person is reckless about whether another person present will be offended or alarmed by the behavior is a Class A misdemeanor in the state of Texas. Conduct that involves contact between a person’s mouth, genitals or anus and the anus or genitals of an animal or fowl was once a part of the public lewdness statute, but is now covered under a separate Texas statute, Bestiality. For the purposes of public lewdness, a “public” place is anywhere the public—or a significant group of the public—has access to. This could include shops, office buildings, hospitals, clinics, schools, transport facilities, and more. While a vehicle may be a personal place to the owner of the vehicle, if that car is parked in a public area, and the conduct occurs inside the car, then the car is considered a public place.  As a Class A misdemeanor, the punishment can range from a jail sentence up to one year, and/or a fine as large as $4,000.

Improper Relationships between Educator and Student. If a teacher or other educator at a public or private primary or secondary school has sexual intercourse or sexual contact with a student at the school where the educator works, including online solicitation, the educator may be charged with a felony of the second degree.

Invasive Visual Recording. It is a crime to take a photograph or video of another person, without consent and with the intent to invade that person’s privacy, if the photo or video shows the person’s intimate areas or shows the person in a bathroom or changing room. It also includes, among other things, selling, transferring or otherwise promoting such a photo or video. It is a state jail felony.

Unlawful Disclosure of Intimate Visual Material. If you intentionally disclose an invasive visual recording of another person without consent and with the intent to harm that person, you can be charged with a state jail felony. You can also be charged for threatening disclosure in order to obtain some benefit, such as money.

Voyeurism. If you observe another person, without consent and with the intent to gratify sexual desire, while that person is in a dwelling or other structure, and where the person has a reasonable expectation of privacy, you can be charged with voyeurism. This is normally a Class C misdeamor. However, the classification increases where the alleged victim is under the age of 14, or if you have two or more prior voyeurism convictions.

Sexual Coercion. This is a form of extortion. It includes threatening to kill or commit certain other offenses (or to abstain from committing such an offense) in order to obtain intimate photos or videos, or in exchange for certain sexual conduct. This is generally a state jail felony.

As the above list shows, there are many different sex crimes on the books. In addition to those listed, this section of the Texas Penal Code also contains laws prohibiting prostitution and a number of (non-sexual) offenses (aggravated kidnapping and burglary, for example), if the required element of sexual abuse was also present. The Code also includes bestiality and homosexuality. The homosexuality illegalization was declared unconstitutional years ago by the United States Supreme Court.

Statutory Rape. In the state of Texas, there is the presumption that those who are younger than 17 do not legally have the ability to consent to sexual activities, so any adult who is 17 or over and engages in a sexual act with a person who is 17 or younger has committed statutory rape, unless they are less than three years older than the minor. Texas does not require that violence or force be involved, only that the act occurred. Statutory rape is broken down into the following three categories:

• Indecency with a child includes sexual contact and touching (without penetration) of a minor who is younger than 17 and an adult who is more than three years older than the victim is a felony offense of the second degree with a sentence between two and 20 years, and a fine as large as $10,000.
• Sexual assault includes the sexual penetration of a minor who is younger than 17 and an adult that is more than three years older than the victim. This crime is also a second-degree felony, with a prison sentence between two and 20 years for a conviction, and a fine as large as $10,000.
• Aggravated sexual assault includes any sexual penetration of a minor under the age of 14 and is considered a first-degree felony with a sentence of five to 99 years in prison and a fine as large as $20,000.

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Sex Offender Registration

Will every person convicted of a sex crime in Harris County, Texas be required to register as a sex offender?  The answer to this question can be complex and is fully described in the sex offender registration program contained in Chapter 2 of the Texas Code of Criminal Procedure. It covers the result of many sex-related charges. With registration comes the requirement of notifying law enforcement where you live and work, restrictions of living or working in certain areas, and inclusion in the sex offender registry, which is publicly available.

Defenses to Sex Crimes

If you are accused of a sex crime in Harris County, Texas, are there defenses that can potentially be used on your behalf? In fact, there are many possible defenses in a sex crimes case. The specifics will be determined by both the offense or offenses charged and the facts alleged against the defendant. This can form the basis for a successful defense, as can other factors, including consent, illegal search and seizure, and challenging the testimony of witnesses (including minors).

Lawyer for Defending Sex Crimes in Houston, TX

If you are facing a sex offense charge in Houston, Texas, your best defense is to have an experienced Houston sex crimes lawyer on your side. This is the time to act quickly as there is a limited window of opportunity that will allow your attorney to work hard to get ahead of the charges. Sex offenses can be particularly difficult to defend, due to the public’s response to such a crime, as well as the response of the prosecutor, judge, and jurors. Call the Law Office of Nathaniel Pitoniak and get the answers you need.