The criminal justice system takes a particularly harsh stance against sexual crimes. Society puts pressure on lawmakers, prosecutors, and judges to be harsh, aggressive, and unforgiving toward sexual offenders, particularly when it comes to crimes involving minors. That means when you are under arrest or charged with a sex crime, the penalties you could face after conviction can be life-altering.

In addition to the substantial penalties and lengthy jail terms, a conviction for a sex crime could attract long-term detrimental consequences. For example, a sex crime conviction could lead to inclusion in the sex offender registry, ruin your reputation, and make it difficult to find employment.

For all these reasons, you would not want to risk facing the prosecutors and judges without an experienced sex crime defense attorney.

What a Sex Crime Means

A sex crime is an umbrella term for crimes that are sexual or involve sexual contact that puts another person (victim) in an undesirable or compromising situation. Examples of these crimes include groping, rape, indecent exposure, and more. Depending on the circumstances and facts of your specific case, the prosecution team could file a sex crime as either a felony or a misdemeanor offense.

While the penalties for felony and misdemeanor offenses could vary in severity, they both have detrimental long-term consequences that can significantly impact the quality of your life, even after serving your sentence.

It is essential to understand what qualifies as a sex crime to avoid making mistakes that could lead to an arrest or a criminal charge. However, if you or a loved one is arrested or has pending charges for a sex crime, the steps you take can mean the difference between a conviction and dismissal of the case or a less serious charge.

Hiring a skilled sex crime defense attorney to offer legal guidance and representation on your unique case should be your first step to increasing your chances of securing a favorable outcome in a justice system that is not on your side.

Common Types of Sex Offenses You Ought to Know

Sex statutes cover a broad spectrum of crimes, some of which you are likely unaware were illegal. Here is an overview of common sex crimes you ought to know:

Sexual Assault

Sexual assault is defined under Penal Code (PC) 22.011. According to this law, you commit sexual assault when you knowingly and intentionally do the following:

  • Penetrate someone's mouth without consent
  • Engage in sexual contact with someone without his/her consent (rape)
  • Cause the penetration of a minor by any means
  • Penetrate the mouth of a minor
  • Cause a minor to engage in sexual intercourse with someone else, including an actor

As you can see above, the sexual assault law applies to both children and adults. The primary issue of concern in sexual assault cases is consent. While you can challenge a sexual assault case involving an adult by arguing that the victim had consented to the act, you cannot do so when a minor is involved because minors are incapable of consent.

However, it is worth noting that if the adult has a mental disease or he/she was intoxicated at the time of the act, arguing that he/she had consented to the act is not a valid defense because the court considers these people incapable of consent. According to Penal Code 22.011, “penetration” means inserting a foreign object or your penis in the mouth, vagina, or anus of another person.

Generally, the prosecution team will file a sexual assault crime as a second-degree felony, and a conviction could result in a fine not exceeding $10,000 and a jail term of between two and twenty years, based on the facts and circumstances of your unique case.

Aggravated Sexual Assault

As the name suggests, aggravated sexual assault is a sexual assault that has some aggravating factors. According to PC 22.021, the judge could convict you of an aggravated sexual assault charge if the prosecution team can prove any of the following facts:

  • You attempted or caused a severe physical injury to the victim during the commission of sexual assault
  • Your words or acts placed the victim in reasonable worry and fear for his/her life and safety during the commission of the sexual assault
  • You exhibited or used a deadly weapon during the commission of the sexual assault offense against the victim
  • You administered ketamine, GHB, or Rohypnol with the intent of facilitating a sexual assault offense against the victim
  • The victim is elderly or disabled
  • The victim is under fourteen years old

An aggravated sexual assault offense qualifies as a first-degree felony and could attract a fine of up to $10,000 and a jail term of five (5) years to life.

Indecency With a Child

According to PC 21.11, you commit this offense if you do any of the acts listed below with a minor (someone under 17) who is not your spouse:

  • Engage in a sexual contact with him/her
  • Cause him/her to engage in sexual contact
  • Expose yourself to him/her with the intent to gratify or arouse another person
  • Expose a minor with the criminal intent to gratify or arouse any person

If your offense only involved exposure, meaning there was no contact, the prosecutor will file your offense as a third-degree felony, which is punishable by a fine amounting to up to $10,000 and a jail term of two to ten years. However, if your offense involved sexual contact with the minor, your sentence could include a fine amounting to up to $10,000 and a jail term of two to twenty years.

Indecent Exposure

When charged with an indecent exposure offense, the prosecutor must prove the following facts to secure a guilty verdict against you under PC 21.08:

  • You willfully exposed your naked genitals with the intent to arouse or satisfy the sexual desires of any person
  • You were reckless as to whether any other people present could be annoyed or offended by the act

An indecent exposure offense is a Class B misdemeanor, which could attract a fine of up to $2,000 and an incarceration term of up to 180 days, or both.

Distribution or Possession of Child Pornographic Material

You commit a child pornography offense when you knowingly and intentionally possess, promote, or distribute any sexual material that shows a minor (a child under 18) engaging or participating in sexual activity or conduct. According to PC 43.26, these acts qualify as felonies. Based on the facts and circumstances of your unique case, a conviction could attract a jail term and substantial fines.

Possession of child pornographic materials is a third-degree felony, carrying a jail term of two to ten years and a fine of not more than $10,000. However, the production or distribution of these materials will carry harsher punishment, including a jail term of two to twenty years and a fine of up to $10,000.

Prostitution

According to PC 43.02, it is a crime to knowingly engage in or offer sexual services for a specific fee or entice or solicit another person to participate in sexual activity for monetary gain. The willingness to pay for sexual services is enough for the prosecutor to secure a guilty verdict against you under this statute, even if the other person did not accept or receive the money.

If you do not have a past conviction for this offense, the prosecutor will file your charge as a Class B misdemeanor punishable by a fine of up to $2,000 and an incarceration term of up to 180 days.

However, if you have one or two past convictions for this crime, your offense will become a Class A misdemeanor, punishable by a fine of not more than $4,000 and a jail term not exceeding one year. Three or more convictions under this statute will attract a felony charge carrying up to two years of jail time after conviction.

Online Solicitation of a Minor

The methods used to commit sex offenses are evolving along with technology. According to PC 33.021, it is also illegal to use the internet, including texts, emails, and social media, to influence a minor or someone you suspect of being under the age of eighteen to engage in a sexual activity. The prosecution team could secure a conviction against you under this statute regardless of whether the meeting occurred.

A PC 33.021 charge is a third-degree felony if the minor is over fourteen years old and could attract the following penalties after conviction:

  • A fine not exceeding $10,000
  • Incarceration for two to ten years

If the minor is under fourteen years old, the prosecution team will file the crime as a second-degree felony, carrying the following penalties after conviction:

  • A jail sentence of two to twenty years
  • Up to $10,000 maximum fine

Public Lewdness

PC 21.07 defines public lewdness as the act of engaging in sexual contact or intercourse in a public place. Even if it did not occur in a traditional public setting, the prosecutor could file public lewdness charges against you if it occurred in front of another person who could be alarmed or offended by the conduct. A PC 21.07 violation conviction is punishable by:

  • Up to $1,000 maximum fine
  • Imprisonment for not more than one year

Bestiality

You commit the offense of bestiality when you knowingly and willfully engage in a sexual act with an animal. Use of foreign objects in a sexual manner against an animal also qualifies as bestiality under PC 21.09. Animal husbandry and lawful veterinary services are the only exemptions under this statute. Depending on the circumstances and facts of your specific case, you may face the following penalties after conviction:

  • A state jail term of two to ten years
  • Up to $10,000 maximum fine

However, if the act was performed in the presence of a child or the animal suffered an injury, your offense will become a second-degree felony carrying a jail sentence of between two and twenty years and a fine amounting to up to $10,000.

Voyeurism

According to PC 21.17, you commit a voyeurism offense when you observe another person without his/her consent in a place he/she expects to have some privacy. Voyeurism qualifies as a sex crime because one of the primary reasons most people commit this offense is to satisfy sexual desires or arousal.

While voyeurism is generally a misdemeanor, the prosecution team will file this crime as a felony if the victim is a minor under fourteen years old. As a Class B misdemeanor offense, a PC 21.17 violation conviction can attract a fine not exceeding $500 unless the prosecutor can prove you have two or more prior convictions under this statute.

In that case, your offense will become a Class A misdemeanor, which carries a fine not exceeding $2,000 and not more than 180 days of jail time. However, when charged as a felony in a case involving a minor, your penalties for a voyeurism conviction will become harsher, including:

  • Up to two years of jail time
  • A fine not exceeding $10,000

Generally speaking, these are not the only sex crimes you could face under the penal code. If you are under investigation or arrest as a suspect in a sex crime case, you should hire a qualified criminal defense attorney immediately.

Other Detrimental Consequences of a Sex Crime Conviction

The consequences of a sex crime conviction go beyond a hefty fine and jail time. In addition to these legal penalties, a sex crime conviction could attract the following detrimental consequences in your life:

Inclusion in the Sex Offender Registry

As a convicted sex offender, the court will require you to register with the law enforcement authorities, providing them with your details, such as:

  • Details of your offense
  • Your legal name
  • Your employment status
  • Your residence address

Failure to provide this information to the local law enforcement authorities after a conviction for a sex crime could attract additional charges and legal penalties, including jail time. While providing this information to law enforcement agencies may not seem like a big deal, inclusion in the sex offender registry could affect several aspects of your life. For example, it will cause restrictions on the places you can:

  • Live
  • Travel
  • Work

The public can also access the sexual offender registry, which may result in social stigma when you return to your community after serving your jail term.

Challenges Securing Employment

Since a sex crime conviction will display on your criminal record, your prospective employers could be reluctant to employ you in their companies or businesses. Additionally, a sex crime conviction record could make it challenging to qualify for a practice license to offer your services. That is particularly true if you are a qualified doctor, nurse, attorney, or caregiver.

Valid Legal Defenses Your Attorney Can Use to Contest a Sex Crime Charge

Being accused of a sex-related crime is an intensely emotional situation, but that does not mean you are guilty. With the help of an aggressive sex crime defense attorney, you can challenge the charges you are facing to secure a dismissal or a lighter sentence. Here are examples of valid legal defenses that may work in your favor to secure a favorable outcome:

You are Factually Innocent

Arguing that you are factually innocent could work to your advantage to secure a dismissal of the sex crime you are facing. That is especially true if the prosecutor lacks sufficient evidence to link you with the crime. The court can reduce or dismiss your charge if your criminal defense attorney has evidence that places you elsewhere, away from the crime scene.

Your attorney can also use DNA evidence to prove that you are factually innocent of the sex crime you are facing.

You are a Victim of Mistaken Identity

Mistaken identity is a common issue in sex-related crimes because they often lack physical evidence and rely heavily on eyewitness testimonies. If the offense occurred in an unlit area, your attorney can provide evidence to prove that someone misidentified you due to similar physical characteristics you share with the offender.

You are a Victim of False Allegations

A sex crime is an offense ripe for false allegations. A mere accusation could make the police arrest you and end up in jail for a crime you did not commit. If your attorney can prove someone accused you of the offense due to your disagreement or for vengeful reasons, the judge could reduce or dismiss your charge.

Find a Top-Tier Sex Crime Defense Attorney Near Me

When it comes to sex-related offenses, even a mere accusation could have a lasting impact on your career and reputation. If you are under investigation or if you are charged with a sex crime, working with a competent criminal defense attorney is paramount. 

Our credible defense attorneys at Andrew Deegan Criminal Attorney at Law have several years of experience defending clients with different types of sex crime charges, and we can help you, too. Call us at 817-689-7002 to explain the facts of your specific sex crime case with us for result-oriented legal representation wherever you are in Fort Worth.