Texas Sexual Offense Defense: Protecting Your Future

Accusations of a sexual offense in Texas are among the most serious charges an individual can face. Beyond severe criminal penalties, a conviction for a sexual offense often carries the devastating long-term consequences of sex offender registration, significant damage to one's reputation, and profound limitations on personal freedoms. If you are facing sexual offense allegations in Rockwall County, Dallas County, Kaufman County, Collin County, or Hunt County, securing immediate and highly experienced legal representation is absolutely critical.

Larman Law provides discreet, compassionate, and aggressive defense for clients accused of sexual offenses across North Texas. These cases present intense emotional and legal challenges, and Larman Law is committed to protecting your rights, ensure a fair process, and fight tirelessly for the best possible outcome.

Understanding Sexual Offenses in Texas

Texas law defines a range of sexual offenses, each with distinct elements and severe penalties. These laws are found primarily in Chapter 22 (Assaultive Offenses), Chapter 21 (Sexual Offenses), and Chapter 43 (Prostitution) of the Texas Penal Code, among others. Some of the most common or severe charges include:

• Sexual Assault (Texas Penal Code §22.011): Occurs if a person intentionally or knowingly causes the penetration of the anus, mouth, or sexual organ of another person without their consent. Consent is a key legal issue, and it can be negated by force, threats, lack of capacity (e.g., intoxication, mental disability), or the victim being a child. *Update for 2025- Texas now defines expressly defines consent for crimes committed on or after September 1, 2025.

• Aggravated Sexual Assault (Texas Penal Code §22.021): This is an elevated version of Sexual Assault, occurring when the basic offense is committed along with aggravating factors such as causing serious bodily injury, using or exhibiting a deadly weapon, administering certain drugs (Rohypnol, GHB, Ketamine) to facilitate the offense, or if the victim is under 14 years of age, elderly, or disabled.

• Continuous Sexual Abuse of Young Child or Disabled Individual (Texas Penal Code §21.02): Involves the commission of two or more acts of sexual abuse committed against a disabled individual or a child younger than 14 years of age, occuring during a period of 30 days or more.

• Indecency with a Child (Texas Penal Code §21.11): Involves sexual contact with a child younger than 17 years of age or exposure of genitals to a child younger than 17 with the intent to arouse or gratify sexual desire. The penalty depends on whether it was by contact or exposure.

• Online Solicitation of a Minor (Texas Penal Code §33.021): This offense occurs when an adult uses a computer or other electronic device to knowingly solicit a minor (under 17) to engage in sexual conduct or to provide sexually explicit material.

• Sexual Performance by a Child (Texas Penal Code §43.25): Involves developing, directing, financing, exhibiting, or possessing visual material that depicts a child engaging in sexual conduct. This can include some child pornography offenses.

• Prostitution / Promotion of Prostitution (Texas Penal Code §43.02 & §43.03): Prostitution involves offering or agreeing to engage in sexual conduct for a fee. Promotion of prostitution involves compelling, inducing, or profiting from the prostitution of another.

Punishment Ranges for Texas Sexual Offenses

Sexual offenses carry some of the most severe penalties in Texas, often resulting in lengthy prison sentences and significant fines. Here's a general overview of punishment ranges for common offenses:

• Sexual Assault: Second Degree Felony (2-20 years in prison; up to $10,000 fine)

• Aggravated Sexual Assault: First Degree Felony (5-99 years or life in prison; up to $10,000 fine)

• Continuous Sexual Abuse of Young Child or Disabled Individual: "Aggravated" First Degree Felony (25-99 years or life in prison; up to $10,000 fine)

• Indecency with a Child:

  • By Contact: Second Degree Felony (2-20 years in prison; up to $10,000 fine)

  • By Exposure: Third Degree Felony (2-10 years in prison; up to $10,000 fine)

• Online Solicitation of a Minor: Second Degree Felony (2-20 years in prison; up to $10,000 fine), often enhanced to First Degree Felony depending on circumstances.

• Sexual Performance by a Child (Possession): Third Degree Felony (2-10 years in prison; up to $10,000 fine)

• Sexual Performance by a Child (Promotion): Second Degree Felony (2-20 years in prison; up to $10,000 fine)

• Prostitution (1st Offense): Class B Misdemeanor (up to 180 days jail; up to $2,000 fine) – can increase with prior offenses or circumstances involving minors.

Note: These are general ranges. Sentencing can be heavily influenced by the specific facts of the case, the county of prosecution, any prior criminal history, and the presence of aggravating factors. This information is not exhaustive, and additional conditions like fines, restitution, and counseling are common.

Parole Eligibility and the "3g Rule"

For most felony offenses in Texas, an inmate becomes eligible for parole after serving a certain percentage of their sentence (often 1/4 or 15 years, whichever is less, and including credit for "good conduct time"). However, most sexual offenses fall under what is known as the "3g rule" (referencing a historical section of the Texas Code of Criminal Procedure, now codified in Article 42A.054).

For "3g" offenses, parole eligibility is significantly stricter:

• An inmate is generally not eligible for parole until they have served at least half of their actual calendar time in prison, or two years, whichever is longer.

• "Good conduct time" does not count towards parole eligibility for 3g offenses.

Many serious sexual offenses, including Sexual Assault, Aggravated Sexual Assault, Indecency with a Child, and Sexual Performance by a Child, are classified as "3g" offenses. This means a conviction carries a much longer guaranteed incarceration period before any possibility of parole.

An individual serving a sentence for Continuous Sexual Abuse of Young Child or Disabled Individual or offenses carrying a minimum sentence of 25 years under Aggravated Sexual Assault is not eligible for parole or early release, and the offender is required to serve the entire sentence.

Sex Offender Registration Requirements

One of the most severe and enduring consequences of many sexual offense convictions is the requirement to register as a sex offender under the Texas Sex Offender Registration Program (Chapter 62 of the Code of Criminal Procedure). This is a public notification law designed to protect communities.

• Registration Period: While some offenses may require a 10-year registration period, most serious sexual offenses, especially those involving sexual violence or children, require lifetime registration.

• Requirements: Registered sex offenders must periodically report to local law enforcement, provide detailed personal information (name, address, photograph, employment, vehicle info), and promptly report any changes.

• Restrictions: Registration imposes significant restrictions on where an individual can live, work, and travel. It also severely impacts employment opportunities, housing options, and personal relationships.

• Failure to Comply: Failing to comply with registration requirements is a felony offense itself, leading to additional charges and penalties, often with enhanced punishment ranges due to the offender having previously been finally convicted of the underlying felony offense.

Common Questions About Sexual Offense Charges:

• What should I do if accused? Do not speak to law enforcement without an attorney present. Exercise your right to remain silent. Contact a criminal defense attorney immediately.

• What about false accusations? Unfortunately, false accusations do occur. An attorney can investigate the allegations, challenge the accuser's credibility, and present evidence that undermines the prosecution's case.

• Is consent always a defense? Consent is a critical issue, but Texas law defines circumstances where consent cannot be "effective" (e.g., if the victim is a minor, intoxicated, or coerced).

• How does DNA evidence impact a case? While DNA evidence can be powerful, its collection, handling, and interpretation can be challenged. An attorney can ensure proper procedures were followed and explore alternative explanations.

• Will my name be public? Due to the nature of these charges, especially if an arrest is made, public records may become available. An attorney can advise on managing public perception and protecting your privacy as much as legally possible.

Protecting Your Future: The Role of an Experienced Sexual Offense Defense Attorney

Being accused of a sexual offense is a frightening ordeal with potentially devastating personal and professional consequences. The complexities of Texas law, combined with the emotional and social stigma surrounding these charges, make experienced legal representation absolutely essential.

Larman Law understands the unique challenges presented by sexual offense cases in Rockwall County, Dallas County, Kaufman County, Collin County, and Hunt County. As an attorney experienced in criminal defense and appeals, Jason Larman meticulously reviews every detail of the accusation, challenges the prosecution's evidence, and explores all possible defense strategies. The goal is to protect your rights, your reputation, and your freedom.

If you are under investigation or have been charged with a sexual offense, your future is on the line. Do not hesitate. Contact Larman Law immediately for a confidential and urgent consultation.

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Disclaimer: This page is intended for informational purposes only and does not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and to update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this page does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.