Texas Sex Crime Defense

False Allegations

False allegations of a Texas sex crime can ruin lives. Friends, family and even the media often turn against the accused before any evidence has been examined. Unfortunately, bogus accusations permeate this area of criminal law.

Understanding Sexual Offenses

In almost every case where a person is guilty of a sex crime, that individual has been the victim of sexual abuse. We understand the cycle of sexual trauma. Many times for the sex offender, being caught comes with an overwhelming sense of relief. Acting out was a cry for help. And now, the greatest need isn’t for extreme punishment; it’s for help. At The Law Office of Philip M. Gommels, we believe that everyone — no matter the accusation — deserves a strong defense.

Defending Every Charge

At The Law Office of Philip M. Gommels, we defend every type of sex crime allegation. Here is a (non-exhaustive) list of some of the most frequent sex crime allegations:

Child molestation
Date rape
Failure to register as a sex offender
Failure to stop or report aggravated sexual assault of a child
Improper relationship between an educator and a student
Indecency with a child
Indecent exposure
Internet sex crimes
Online solicitation of a minor
Possession of child pornography
Prostitution
Public lewdness
“Sexting”
Sexual assault
Sexual assault of a child
Statutory rape

Hire a Sex Crimes Lawyer Immediately

In these types of cases, the prosecution often lacks any physical evidence. They will try to elicit statements from the accused and use those statements against you. If the police are questioning you, you are under investigation, YOU HAVE THE RIGHT TO REMAIN SILENT.

If you or someone you know is being investigated for a sex crime, the most important thing to do is to contact an experienced criminal defense attorney immediately. He can protect you from making statements that may be used against you later, and represent you in the court of public opinion where these cases are often litigated first. Please call us immediately for a consultation.

Texas Sex Offense Attorney

Sex Crimes Definition

As stated in the Texas Penal Code, there are a variety of sex crimes. Further, many of these sex crimes include children. But most sex crimes deal with consent issues. In addition to issues with consent, some sex crimes deal with public sex where people did not consent to see this type of act.

In most cases, sex crimes require offenders to “register” as a sex offender. Sometimes the criminal must be registered for the rest of their life. However, sometimes the registration requirements can be lifted.

In Texas, sex crime rates are rising. In fact, it is easy to be accused of this type of crime. Yet it is so hard to fight due to state attorneys needing little evidence to proceed with a prosecution. Oftentimes, this is because the accuser is the only witness. And there is no physical evidence to use for your defense or to support a conclusion.

Types of Sex Crimes

In general, there are a variety of sex crimes. The Texas Penal Code has a complete list. However, the sex crimes that could fall into another category have been taken out of the list below. So, here is the list of strictly sex crimes in Texas:

Homosexual Conduct* (PC 21.06 )This is still in the Texas Penal Code as a crime. But the Supreme Court deemed it unconstitutional.
Public Lewdness (PC 21.07)
Indecent Exposure (PC 21.08)
Bestiality(PC 21.08 ) *effective September 1, 2017
Invasive Visual Recording (PC 21.15)
Voyeurism (PC 21.16)
Unlawful Disclosure or Promotion of Intimate Visual Material(PC 21.16 ) – the law covering “Revenge Porn“)
Sexual Coercion(PC 21.16 ) *effective September 1, 2017
Sexual Assault (PC 22.011)
Indecent Assault(PC 22.012 ) *effective September 1, 2019
Aggravated Sexual Assault (PC 22.021)
Prohibited Sexual Conduct (PC 25.02) – the law against incest
Improper Contact with Victim (PC 38.111)
Prostitution (PC 43.02)
Possession or Promotion of Lewd Visual Material Depicting Child (PC 43.262)
Promotion of Prostitution (PC 43.03)
Online Promotion of Prostitution(PC 43.031 )*effective September 1, 2019
Aggravated Promotion of Prostitution (PC 43.04)
Aggravated Online Promotion of Prostitution (PC 43.041) *effective September 1, 2019
Compelling Prostitution(PC 43.05) – the law prohibiting “pimping“
Obscene Display or Distribution (PC 43.22)
Obscenity (PC 43.23)

Penalties for Sex Crimes in Texas

As previously discussed, there are many sex crimes in Texas. In addition to that, there are strict penalties for committing any of these types of crime. For instance, here are the penalties for sex crimes in the state of Texas:

Sexual Assault

If someone commits a second degree felony, they could face 2 – 20 years in prison. Plus, they could be charged a fine of up to $10,000. On the other hand, it is a first degree felony if the actor was prohibited from:

Marrying or purporting to marry the victim, or
Living under the appearance of being married

Further, the penalties for a first degree felony of sexual assault are strict. For instance, the penalty for this type of crime are 5 – 99 years in prison. In addition to that, criminals may have to pay a fine up to $10,000.

Aggravated Assault

When someone commits this type of crime, it is considered a first degree felony. Further, the actor could face 5 – 99 years in prison. And they could be charged with a fine of up to $10,000. In fact, the minimum sentence for aggravated assault is now 25 years in prison if the victim is:

Under 6 years old
Younger than 14 years old

Plus, it is a 25-year prison sentence if the act was “against a child.”

Statutory Rape

To start, there are three categories of statutory rape. First, there is sexual assault. This is considered a second degree felony. Plus, the penalties include 2 – 20 years in prison with a fine up to $10,000. Second, there is aggravated sexual assault. This first degree felony comes with a penalty of 5 – 99 years in prison and a maximum fine of $10,000. Third, there is indecency of a child. This is considered a second degree felony. If a person is charged with this crime, they could face 2 – 20 years in prison with a fine up to $10,000. If this charge is deemed a third degree felony, the actor could face 2 – 10 years in prison and a maximum fine of $10,000.

Sodomy

Under Texas law, this type of crime is a class C misdemeanor. Usually, the penalties are not as strict for sodomy as they are for the other listed sex crimes. But the actor could still face a fine of up to $500. However, this law was deemed unconstitutional by the Supreme Court.

Ultimately, there are many sex crimes in Texas. Unfortunately, the sex crime rate continues to rise. This could be due to the fact that it is quite easy to be accused of this type of crime. Plus, lack of physical evidence and the sole witness usually being the accuser makes it difficult to win your case. However, if you get help from a skilled sex offense attorney, you will have someone with the expertise to stand by your side in court. But if you choose not to do so, you could face strict punishments, like life in prison. Fortunately, Philip M. Gommels is here to fight for you and your freedom. Through his years of experience, he is an expert with the sex crime laws of Texas. So, call The Law Office of Philip M. Gommels, PLLC immediately if you are facing this type of charge in the Houston area or throughout Texas.

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