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Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Finest Houston Criminal Defense Lawyer for Prostitution
Generally, prostitution is the act of engaging in sexual activity by a person for a fee or a thing of economic value.  But the scope of the crime of prostitution has been widened to include all prostitution related offenses.  Thus a person is considered to commit an offense of prostitution if s/he engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

The parties to the crime usually include: a prostitute and a customer or a third person/pimp.  In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are other prostitution related offenses.  A person may be guilty of an attempt to commit prostitution when s/he engages in conduct which tends to effect the commission of such crime.  In order to prove attempt, it is necessary to establish that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that crime.

Houston Prostitution Defense Lawyer: Criminal Lawyer Charles Johnson

The elements constituting an offense of prostitution are that a person has engaged in a sexual activity and has done it willfully.  Sexual activity may be sexual intercourse or any lewd acts that may arouse sexual feelings.  Most jurisdictions make monetary consideration a requisite to constitute prostitution but some jurisdictions do not require it to be an element of the offense.  Consideration need not be in the form of money.

In order to constitute an offense of soliciting prostitution, a person has to solicit another person to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution.  A prostitute or a customer may be charged for the offense of solicitation of prostitution depending on the circumstances or who began the interaction.  Specific intent of engaging in an act of prostitution is an essential element to constitute an offense.  An offer to pay money or other compensation like drugs in exchange for sexual acts may be considered evidence as to the intent of the parties.  Some courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense.  The elements of the offense are that, a person must have agreed to engage in an act of prostitution with another person.  It should have been with a specific intent to engage in an act of prostitution and any act in furtherance of prostitution must have had to be performed.  This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will be agreeing to engage in prostitution.

A charge under the offense of agreeing to engage in an act of prostitution may be made even if the person who solicited did not have the same intent.  This situation may arise when a person who pretended to be a prostitute was an under cover agent.  In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution can be, driving to an agreed upon location where the sexual activity will take place, mere verbal command to undress, giving the payment agreed upon and the like.  The nature of the act is not important as long as it indicates existence of an agreement to engage in prostitution.

Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage a person’s career and family life. If you are facing prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, experienced, and knowledgeable criminal defense attorney in Attorney Charles Johnson.

Website: http://houstonlawyer.com

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Arrested for Prostitution? Houston Prostitution Defense Lawyer

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Arrested for Sexual Assault of a Child? Proven Attorney Charles Johnson Can Help You

Houston Domestic Violence Lawyer Charles Johnson

Statutory rape refers to sexual relations involving someone below the “age of consent.” People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law.

Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Many states punish statutory rape under laws addressing sexual assault, rape, unlawful sexual intercourse or carnal knowledge of a child. There are very few federal laws dealing with statutory rape.

No Requirement of Force

Statutory rape differs from other types of rape, and from child molestation, in that the act would not be a crime if all participants were above the age of consent. Unlike “forcible rape,” statutory rape can involve underage participants who willingly engage in sexual relations. However, because those under the age of consent cannot give legal consent to sex, the act is a crime whether or not force is involved. If the act involves force or coercion, many states prosecute the offender under the separate statutes punishing child molestation or aggravated rape.

Age of Consent

Individuals cannot legally have sexual contact with an individual who is not of age. The legal age of consent may vary by state. For instance, the legal age of consent in Texas is 17. Some states have a legal age of consent as low as 14 while other states have a legal age of consent of 18.

An individual who has sexual contact with a person below the age of consent may face punishment. In general, sexual contact is considered any act intended to arouse another person. As such, an individual may be found guilty of statutory rape even if he or she did not have sexual intercourse with a minor.

Historically, statutory rape has been a “strict liability” offense, meaning that it does not matter whether what the perpetrator believed the victim was old enough to consent to sex. Some states now allow the defense that the perpetrator had reason to believe, and did believe, that the minor was above the age of consent. However, in many states this defense is not allowed, meaning that the act was a crime regardless of what the perpetrator believed the victims age to be. In states that do allow such a defense, it often cannot be used if the victim was particularly young, commonly under the age of 14.

Factors Affecting the Level of Offense Charges and Penalties

Laws punishing statutory rape often include a spectrum of offenses, ranging from misdemeanors to high level felonies. In general, two main factors affect the level of offense for an act of statutory rape: (1) the age of the victim; and (2) the age difference between victim and perpetrator. Other factors, including any prior sex offenses committed by the offender, whether drugs or alcohol were involved, and whether pregnancy resulted, can also affect the level of charge imposed.

Statutory rape is a felony offense, so an individual who is found guilty of the crime may face several years in prison. In Texas, for example, the crime is a second-degree felony, so an individual may be sentenced to up to 20 years in prison.

Punishment for statutory rape can include mandatory prison or jail sentences, probation, fines, and mandated treatment services. Many states require those convicted of statutory rape to register as sex offenders.

Exceptions to Statutory Rape Laws

Though statutory rape laws make it illegal for individuals to have sexual relationships with people below the age of consent, some exceptions do exist. Generally, these exceptions include:

  • The individuals are within a certain number of years of one another
  • The individuals dated before one was above the age of consent
  • The younger individual is within so many months of being at the age of consent

These rules may not apply in all circumstances, so individuals should contact a legal authority to learn more about their legal rights regarding relationships with minors.

Professionals Required to Report

Some states require certain classes of professionals to report knowledge or suspicion of statutory rape to authorities. Types of professionals required to report statutory rape often include teachers, medical professionals, public employees, and clergy, among others.

Houston Statutory Rape Defense Lawyer: The Charles Johnson Law Firm

Statutory rape is a state sex crime that can be punishable by incarceration, fine, probation, and/or registry as a sex offender. If you are facing Statutory Rape charges, speak with an experienced and aggressive attorney from the Charles Johnson Law Firm in Houston, Texas.

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Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Houston Homicide Lawyer Charles Johnson

Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor?
For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is Child Pornography a Crime?
Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252).  In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography.  As a result, a person who violates these laws may face federal and/or state charges.

Where Is Child Pornography Predominantly Found?
Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD.  It is transmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.

What Motivates People Who Possess Child Pornography?
Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

  • sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification
  • sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli
  • sexually curious, downloading a few images to satisfy that curiosity
  • interested in profiting financially by selling images or setting up web sites requiring payment for access

Who Possesses Child Pornography?
It is difficult to describe a “typical” child pornography possessor because there is not just one type of person who commits this crime.

In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessors ran the gamut in terms of income, education level, marital status, and age.  Virtually all of those who were arrested were men, 91% were white, and most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%).3

Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.4

Who Produces Child Pornography?
Based on information provided by law enforcement to the National Center for Missing & Exploited Children’s Child Victim Identification Program, more than half of the child victims were abused by someone who had legitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, and coaches.

What is the Nature of These Images?
The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear to be prepubescent, and 6% appear to be infants or toddlers.

What Are the Effects of Child Pornography on the Child Victim?
It is important to realize that these images are crime scene photos – they are a permanent record of the abuse of a child. The lives of the children featured in these illegal images and videos are forever altered. Once these images are on the Internet, they are irretrievable and can continue to circulate forever. The child is revictimized as the images are viewed again and again.

Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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Juvenile Court: What to Expect

Finest Houston Criminal Defense Lawyer for Juvenile OffensesIf your child is arrested or referred to the juvenile court by some other means-perhaps even by you-you will undoubtedly face a flood of emotions and have a multitude of questions. An attorney experienced in juvenile law can answer your questions and walk you through the process, while helping to ensure the best possible outcome for you and your child. Although the juvenile court process can vary somewhat from state to state, or even county to county, the following summary outlines the basic steps that you can expect if your child should become involved with the juvenile justice system.

  • A juvenile court matter comes to the court’s attention when the police apprehend a minor for violating a statute or a school official, parent, or guardian refers a problem with a juvenile to the court.
  • The court intake officer then evaluates the case to determine whether further action is necessary, whether the child should be referred to a social service agency, or whether the case should be formally heard in juvenile court.
  • If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution of the matter or he or she may be sent to an alternative placement facility such as a shelter, group home, or foster home.
  • If the intake officer decides that a formal hearing in juvenile court is not necessary, arrangements may be made for assistance for the child from school counselors, mental health services, or other youth service agencies.
  • If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated.
  • In cases of serious offenses such as rape and murder, the matter may be referred to the district or county attorney’s office, after which the juvenile may be charged as an adult, tried in the criminal courts, and even sentenced to an adult correctional facility.
  • If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered.
  • If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition.
  • If the allegations have not been proven to the court’s satisfaction, the judge will dismiss the case.
  • If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent.
  • A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer. Serious offenders, however, may be sent to a juvenile correction facility.
  • Other treatment options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies.

Houston Juvenile Offenders Defense Lawyer: The Charles Johnson Law Firm

Don’t let your teenager’s poor judgment or drug use ruin their future. At the Charles Johnson Law Firm, we are prepared to protect the rights of teenagers in juvenile court, and where a plea bargain, juvenile probation, or other alternative form of sentencing is in our client’s best interests, we will work hard to get the best deal possible. When possible, we work to get juvenile violations removed through expunction, and we committed to getting our clients the treatment for drug and alcohol addiction they need.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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Related News Stories – Juvenile Arrests in Houston, Texas

False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

Charles Johnson: Best Houston Criminal Defense Attorney

Texas takes cases of sexual assault against a child very seriously. If the state can prove that an act involving a child was for the perpetrator’s sexual gratification, it is considered a sex crime. If there was physical contact involving sexual penetration or intrusion between the child and the accused, a sexual assault charge is likely.

Sexual allegations where children are involved are delicate and complicated cases to defend. This type of sexual accusation can be devastating in every aspect of your life. The presumption of innocence in our legal system may do little to protect those accused. Indecency with a child, like other sexual allegations, is one area where accused people often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting a skilled criminal defense attorney on your indecency case IMMEDIATELY. Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. Early on in a sex related case investigation and legal protection is imperative. Charles Johnson, Houston Sex Crimes Lawyer, will handle your case with discretion and skill. He will fight to keep you out of jail, keep your reputation intact, and fight to keep your life from falling apart.

It is well established and understood by experts that many accusations of indecency with a child and sexual assault of a child are false. Many are grossly exaggerated. The reasons giving rise to false accusations of such conduct are varied. A child can imagine or dream such an incident. Perhaps the child was abused by another previously and misinterpreted and then exaggerated innocent incidental contact. Children have been known to fabricate such accusations because they were angry at the accused or were jealous, even for the most trivial reasons. Children can be led to make such claims by another angry or jealous adult, such as the accused’s spouse or lover. They are too young to comprehend how grave such a false accusation can be.

Under Texas law, a sexual encounter with a child or sexual contact with a child is either Indecency with a Child, Sexual Assault of a Child, or Aggravated Sexual Assault of a Child, depending on the nature of the incident or contact.

Indecency with a Child. Allegations of certain types of sexual contact with a child, exposure to a child or causing the exposure of a child, who is under the age of 17, can lead to charges of Indecency with a Child. Such an offense may be a second or third degree felony. A defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Sexual Assault of a Child. If more violative and egregious contact is alleged, the accused may be charged with Sexual Assault of a Child, also a second degree felony. Again, a defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Aggravated Sexual Assault of a Child. Sexual Assault of a Child becomes “aggravated” (first degree felony) when force or threat of force is used or when the child is younger than 14 years of age, regardless of consensual behavior. This latter is also commonly known as “statutory rape”. No child under the age of 14 can consent to such conduct. Mistaken understanding about the child’s age is no defense.

The consequences of a conviction in such matters are extreme. Even if prison time is avoided, an adult’s conviction results in the requirement to register as a sex offender for the rest of one’s life, and to have one’s photograph and address flashed on the computer screen of anyone in the world who decides to access the state’s sex offender registry site.

Indecency with a Child

The commonly phrased crime of child molestation is titled Indecency with a Child in Texas. There are two types of indecency: Indecency with a Child by Contact and Indecency with a Child by Exposure (similar to Indecent Exposure but a child is present). Both are serious felonies. Both require registration as a sex offender upon conviction.

Indecency with a Child by Contact is the more serious offense. The Texas statute does not distinguish between touching under the clothes or touching over clothes ñ any sexual contact is punished as a second degree felony. A person commits the offense of Indecency with a Child by Contact if:

With a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact.

Sexual contact means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

Indecency with a Child by Exposure is a third degree felony. A person commits the offense if with intent to arouse or gratify the sexual desire of any person he:

(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or

(B) causes the child to expose the child’s anus or any part of the child’s genitals.

The two crimes are often charged in conjunction as separate paragraphs of an indictment. Double jeopardy concerns are raised when the same act is used to prosecute a person for two different crimes. In a prosecution alleging Aggravated Sexual Assault, the acts constituting the assault may also constitute separate crimes of Indecency with a Child by Contact and Indecency with a Child by Exposure. In a prosecution for Indecency with a Child by Contact involving a child touching the genitals of an adult, the crime of Indecency by Exposure would logically also have to have been committed.

Why do these details matter?

Because the rules of evidence concerning extraneous offenses, double jeopardy, the right to election, and jury unanimity are incredibly important protections for innocent people falsely accused of child sex abuse. A three count indictment is more powerful psychologically than a single allegation. Even if all three counts reference the same incident, the news media, the general public, and potential jurors are given a false impression that there was more than one incident. Second, it bolsters prosecution based upon fear rather than proof. Since most people belief “where there’s smoke, there’s fire,” a juror may still convict an innocent person of a lesser charge because while they don’t believe the accused committed the most serious act alleged, he is probably guilty of something. Alleging indecency with a child by contact and indecency with a child by exposure provide two other bites at the apple. Finally, the fundamental nature of the criminal justice system is that the greater offense subsumes the lesser. If a person is accused of murder, the State does not also try to indict him for assault and aggravated assault en route to the completed homicide. When the appellate courts allow the trial courts to aggrandize the number of offenses, it creates inconsistencies in the system.

The fundamental principle of the Constitution is that it shouldn’t matter what youre charged with ñ you have the right to a fair trial. Because of political popularity of getting tough on sex offenses, the centuries of due process and presumption of innocence is being sacrificed for cheap political gain. While this damages the credibility of our justice system in general, it is most harmful to innocent people who are falsely accused. Now that the legislature and appellate courts have rewritten the rules to make it easier to convict a group of people charged with a heinous act, pray that you are never wrongfully accused of a sex crime in Texas.

Aggravated Sexual Assault of a Child

Under most of the State laws, aggravated sexual assault against a child is clubbed with the section defining aggravated sexual assault. There are state specific laws on the subject which varies from state to state.

In Texas a person commits the offense of aggravated sexual assault against a child if he or she intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child younger than 14 years of age by any means;

(ii) causes the penetration of the mouth of a child younger than 14 years of age by the sexual organ of the actor;

(iii) causes the sexual organ of a child younger than 14 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child younger than 14 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child younger than 14 years of age to contact the anus or sexual organ of another person, including the actor;

A person can still be prosecuted for aggravated sexual assault of a child if the actor:

1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

2. by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

3. by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

4. uses or exhibits a deadly weapon in the course of the same criminal episode;

5. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

6. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.

The minimum term of imprisonment for aggravated sexual assault against a child is 25 years if the victim of the offense is younger than six years of age at the time the offense is committed; or the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

The law as it appears in the statute

Tex. Penal Code ß 22.021. Aggravated Sexual Assault

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(iii) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age; or

(C) the victim is an elderly individual or a disabled individual.

(b) In this section:

(1) “Child” has the meaning assigned by Section 22.011(c).

(2) “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).

(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).

(d) The defense provided by Section 22.011(d) applies to this section.

(e) An offense under this section is a felony of the first degree.

(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:

(1) the victim of the offense is younger than six years of age at the time the offense is committed; or

(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

What makes a Sexual Assault of a Child Charge “Aggravated?”

The offense of Sexual Assault of a Child is defined by Texas Penal Code Sec. 22.011. Basically, the offense involves sexual activity with a person under 17 years of age. Sexual Assault of a Child is Aggravated if the child is under 14 years of age, if a deadly weapon is used or serious bodily injury is threatened. Sexual Assault of a Child is, in most cases, a Second Degree Felony. (2-20 years.) Aggravated Sexual Assault of a Child is a First Degree Felony. (5 to 99 years or life.) If the child was younger than 6 if the child was under six at the time of the offense or there was violence or a threat of violence involved.

What is Indecency with a Child?

Indecency with a Child is defined by Texas Penal Code Sec. 21.11 as either engaging in sexual contact with a child or exposure of one’s anus or genitals to a child under 17 or causing the child to expose his or her anus or genitals to the actor with the intent to arouse or gratify someone sexually. Sexual contact is basically touching of the genitals with intent to arouse or gratify someone sexually. Note that some forms of genital contact may be Sexual Assault of a Child. Indecency with a Child by Contact in most circumstances is a Second Degree Felony. (2 to 20 years.) Indecency with a Child by Exposure is a Third Degree Felony. (2 to 10 years.)

Does the Age of the Accused Matter?

It is an affirmative defense to Indecency with a Child and Sexual Assault of a Child that the actor was not more than three years older than the child, and did not have a prior conviction for certain sexual offenses, and the child was older than 14 and was not related to the actor.

What Should I do if I am Contacted by the Police to Speak to them About an Allegation Against You of Child Sexual Abuse?

The first thing to do is to get a skilled criminal defense lawyer as soon as possible. We see may individuals that have placed themselves at a serious disadvantage by speaking with police investigators without the assistance of counsel. Most people have no idea how coercive police interrogations are. Many individuals come away from an intensive interrogation having said things that were not true. If you are contacted by the police to discuss an allegation of child sexual abuse (or any other type of allegation) you should immediately contact Houston Criminal Lawyer Charles Johnson. You and Attorney Johnson can make a decision about whether you should speak to the police at all. If your lawyer advises you to speak to the police, he can be with you to make sure that the questioning is fairly conducted.

How Can I Defend Myself Against a False Accusation of Child Sexual Abuse?

Houston Sexual Assault Lawyer Charles Johnson will investigate your case factually and prepare a defense. It is important to determine why the child has made the accusation. Was the child influenced by an adult? Did the allegations result from improper questioning of the child by authorities? Experts may be added to the defense team to explain to the jury circumstances that could lead to false accusations.

Does Possession of Child Pornography Violate Both State and Federal Law?

Yes. Possession of Child Pornography is prohibited by both Texas law and federal law. Child pornography cases are investigated by local law enforcement, The Texas Office of the Attorney General, the Federal Bureau of Investigation, Immigration and Customs Enforcement, United States Postal Inspectors and other agencies depending on how the images were discovered. Sometimes state law enforcement officials will begin an investigation but refer the case to the United States Attorney’s Office for prosecution in federal court.

How Can I Defend Myself Against an Accusation of Possession of Child Pornography?

In the age of the Internet, the vast majority of child pornography cases involve digital images found on computer hard drives. The defense lawyer’s first focus is on whether the discovery of the alleged illegal images was in violation of the constitutional rights of the accused. Also, the evidence must show that the accused knew that the images were on the computer hard drive. Examination of the computer’s drive by a forensic expert can sometimes uncover information about who may have place the images on the drive or whether they were intentionally placed there. Further, sometimes the evidence in the case does not prove that the images were of actual children rather than computer generated or altered images. Again, trained experts are needed to make this determination.

Laws in Texas Regarding Sexual Assault of a Child

Child sexual assault is a serious criminal offense in Texas.

Any kind of sexual conduct that harms children, whether physically, emotionally or both, is strictly prohibited in Texas. This includes sexual assault on a child, which is considered particularly heinous in the state. Consequently, engaging in these acts or failing to report this kind of abuse is a serious criminal offense, punishable to the full extent of the law.

Outlawed Acts

Texas Family Code Chapter 261 outlaws any sexual conduct directed at or involving minors as well as failure to report these acts. This includes “fondling, lewd or lascivious exposure or behavior, intercourse, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, child pornography, child prostitution and any other sexual conduct harmful to a child’s mental, emotional or physical welfare,” according to the website of the Texas Attorney General. Violators are prosecuted to the same extent whether or not children consent to these acts.

Criminal Penalties

Sexual assault and child sex abuse carries severe penalties. Typically, Texas law classifies these offenses as felonies. Additionally, there are specific categories of felonies that different sexual violations fall into in Texas. As of 2010 and according to Texas Penal Code, indecent exposure to a child is a third-degree felony, punishable by 2-10 years in prison and up to $10,000 in fines, while aggravated sexual assault on a child is a first-degree felony punishable by up to 99 years in prison and a fine of up to $10,000. (See References 2 and 4)

Offender Registration

Persons convicted of child sexual assault are required to register with law enforcement officials in Texas. Names and information regarding these convicted sexual offenders are then placed in an online database. This database is considered public record, and any member of the community may view it.

Longer Prison Terms

A series of laws known as Ashley’s Laws were enacted by the Texas legislature in late 1990s to increase penalties for those convicted of child sexual assault. Under these laws, offenders are required to serve at least 50 percent of a prison sentence before being granted parole, though they typically end up serving 80 percent of a sentence.

Harsher Penalties

Also in accordance with Ashley’s Laws, those convicted of child sexual assault in Texas who have been proven to be repeat offenders may face harsher penalties for continued sexual offenses. For example, a repeat child sexual abuser convicted of a second-degree felony may be sentenced with the same penalties as a first-degree felony under these laws. Additionally, a “two-strikes” provision was added to Texas state law for child sex offenders. Normally, a person convicted of three felonies in Texas is automatically sentenced to life in prison. This provision allows for an automatic life sentence for only two felony convictions of child sexual assault.

Mandatory Treatment

Finally, Ashley’s Laws also make it a legal requirement for convicted child sex offenders to undergo treatment in Texas. Because many traditional forms of treatment have proven ineffective in reducing child sexual abuse recidivism rates, some alternative treatments may be used, including certain behavioral modification programs. Additionally, tests may be administered to monitor progress, including the “plethysmograph” test, which monitors sexual arousal when presented with certain materials.

Sexual Assault of a Child: Hire the Best Houston Criminal Defense Attorney Charles Johnson

  • In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
  • In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
  • In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
  • In Texas, neither genital trauma nor DNA evidence is required for a conviction.
  • In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
  • In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.

With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.

If you or a loved one has been charged with the sexual assault of a child, it is important that you contact an experience defense attorney immediately. The consequences for the sexual assault of a child if convicted can be several years in prison and the requirement to register on the sex offender registry. It is never a good idea to represent yourself in court. In a case like this, it is especially important that you find an experienced defense lawyer right away. Even if you have not been charged yet, it would be helpful for you to contact us via phone, anytime night or day, for a free consultation. The defense attorneys at the Charles Johnson Law Firm have had extraordinary success in defending serious cases such as the sexual assault of a child as well as other sex crimes. There are different levels of charges as well as different penalties for charges of sexual assault of a child. During consultation we can explain to you the details of what is possible in your specific case once you provide us with details regarding the matter. Contact Houston Sex Crimes Lawyer Charles Johnson directly at (713) 222-7577 today for a free of charge consultation.

False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

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