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Secrets of the Texas Criminal Justice System and Your Rights
There are several types of offenses considered to be sex crimes in Texas. These include prohibitions against human trafficking and the unlawful dissemination of intimate photographs, which is sometimes referred to as “revenge porn.”
All sex offenses are considered very serious acts in state courts and could have severe consequences. If you were charged with any sex-related offense, do not hesitate to contact a Dallas sex crimes attorney. A seasoned criminal defense lawyer could help you navigate the legal system and fight the charges. Building a strong defense could help you mitigate any consequences of a conviction on your future.
What is the Definition of Sexual Assault?
According to Section 22.011 of the Texas Penal Code, several types of behavior fall under the category of sexual assault. Sexual assault is committed when one intentionally or knowingly, and without consent, does any of the following:
- Causes the penetration of a person’s sexual organ or anus
- Causes their sexual organ to contact the mouth, anus, or sexual organ of another
Defining Consent as an Element of Sexual Assault
To further clarify the offense of sexual assault, Section 22.011 defines consent as when a person:
- Compels by force
- Threatens to use force
- Threatens to harm another person
- Acts upon an unconscious person
- Acts upon a person without that person’s knowledge
- Intentionally impairs a person’s mental ability
If a person is charged with a sexual offense and needs clarity on how the court may view the circumstances of their situation, a Dallas sex crimes attorney could provide more information to clarify their concerns.
Section 21.18 of the Texas Penal Code define sexual coercion as the act of threatening to kill, kidnap, or force another person into prostitution to obtain “intimate visual material” or a sexual act. This offense is considered a felony punishable by time in state jail.
Section 21.16 prohibits the unlawful disclosure of intimate visual material, also known as revenge porn. A person can face this charge if they disclose visual material of another that includes them engaging in sexual conduct or exposes their “intimate parts.” A person can also be charged with revenge porn if they threaten to disclose such material to obtain a benefit from the person depicted.
To be convicted, the material must have been obtained under a reasonable expectation of privacy and reveals the individuals’ identities. It is not a defense to this charge that the complainant voluntarily gave the intimate material to the defendant or that they voluntarily consented to the creation of the material. This offense is a felony punishable by state jail incarceration.
Let a Dallas Sex Crime Attorney Help
If you were charged with a sex offense, you may need to fight the charges. A conviction for a sex offense can have devastating consequences on your life. In addition to the possibility of facing jail or prison time, fines, and probation, having a sex offense on your record can block future job and education opportunities.
You do not have face such a charge alone. Contact a Dallas sex crimes attorney to learn more about your legal options and rights.