Texas Sexual Assault

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  • 709 N San Jacinto St Conroe, Texas 77301
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Defending Clients in Montgomery County and Surrounding Counties

Montgomery County Sexual Assault Attorneys

Sexual assault is a serious crimes for which you can face harsh penalties if convicted. Any sex related offense can impact your life in very negative ways due to the damage to your reputation and the potential requirement of having to register as a sex offender. The arrest alone can cause a person to have their reputation damaged when their case has not been completed and the outcome is unknown. It is critical to have an attorney represent you and begin an investigation into the accusations against you as soon as possible so that you have the best opportunity to defend your case.

Sexual Assault in Texas

Sexual assault is defined under Section 22.011 of the Texas Penal Code. This law covers the sexual assault of adults as well as child sexual assault. Consent and its absence is a key factor in the matter of sexual assault.

​Under this law, sexual assault occurs through penetration of the sexual organs of the alleged victim without his or her consent by the offender.

​Sexual assault can occur through the use of or because of the following:

  • The use of physical force
  • The use of violence
  • The use of coercion
  • Threats of physical force or violence against the alleged victim or his or her family
  • The alleged victim was unconscious or physically unable to resist
  • The alleged victim was mentally incapable of understanding the act or able to resist
  • The alleged victim was drugged or made unconscious so as to not be able to resist
  • The alleged offender was in a position of authority over the victim, such as a health provider, clergyman, coach, teacher, caregiver, or in a similar capacity

Age of Consent and Sexual Assault

In Texas, the age of consent is generally viewed as 17 years old or older. However, when the ages of the parties are close, such as with teens where the “victim” is under 17 and the “offender” is not more than three years older, this consent consideration may not apply. ​ Sexual assault is generally charged as a second-degree felony in Texas. It is punishable by a prison sentence of two to 20 years and a fine of up to $10,000. You will also be likely made to register as a sex offender for life.

Aggravated Sexual Assault

Certain factors can increase the charge of sexual assault up to an aggravated sexual assault. These factors can include the crime being committed by multiple offenders acting together, committing the assault on someone younger than 14, drugging the victim to carry out the crime, or putting the victim in fear of death so as to carry out the crime. ​Aggravated sexual assault is charged as a first-degree felony. It is punishable by up to life in prison, a fine of up to $10,000, and mandatory sex offender registration for life.

Online Solicitation

A person who is 17 years of age or older commits an offense if, with the intent to commit one of the following offenses:

  • 21.02 (Continuous sexual abuse of young child or disabled individual) 
  • 21.03 (Continuous sexual abuse)
  • 21.09 (Bestiality)
  • 21.11 (Indecency with a child)
  • 21.15 (Invasive visual recording) 
  • 22.011 (Sexual assault), 
  • 22.021 (Aggravated sexual assault), 
  • 25.02 (Prohibited sexual conduct), Penal Code;
  • 43.04 (Aggravated promotion of prostitution), 
  • 43.05 (Compelling prostitution)
  • 43.25 (Sexual performance by a child)
  • 43.26 (Possession or promotion of child pornography)
  • 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons)

the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:

  1. communicates in a sexually explicit manner with a minor; or
  2. distributes sexually explicit material to a minor.

An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age at the time of the commission of the offense. A third degree felony is punishable from a minimum of 2 up to a maximum of 10 years in prison and a $10,00 fine. a second degree felony and is punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine

This offense can also be committed if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person. An offense under this subsection is a felony of the second degree. a second degree felony and is punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine.

Under Texas law a minor is an individual who is younger than 17 years of age; or an individual whom the actor believes to be younger than 17 years of age.

Solicitation of Prostitution

A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another. A state jail felony is punishable from a minimum of 6 months up to a maximum of 2 years in state jail prison and a $10,000 fine.

This offense can be enhanced to a higher punishment range if the person has been previously convicted of the same offense.

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 offense is a class B misdemeanor and is punishable up to 180 days in jail and a $2,000 fine. However, the person can be charged with a higher offense if they have been previously convicted for this offense.

In addition, if a person has two convictions for this offense they are required to register as a sex offender in Texas.

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