In the State of Texas, a sex crime is any criminal act that involves sexual misconduct, unlawful sexual behavior, sexual assault, aggravated sexual assault, or illegal pornography. There are specific laws, Section 25.02 of the Texas Penal Code, that prohibit sexual conduct between certain individuals.
Under this section, prohibited sexual conduct refers to an individual engaging in sexual intercourse or sexual activity with specific individuals. Texas also includes deviate sexual intercourse in its law regarding prohibited sexual conduct.
The laws that prohibit certain types of consensual sexual activity are mostly state laws. There are only two states, including Texas, that specifically prohibit homosexual acts.
Although the prohibition on sodomy remains on the books, the United States Supreme Court declared it unconstitutional in 2003. This means that the law is unenforceable.
The laws that regulate sexual activity also include offenses such as:
If an individual has any questions regarding Texas’s prohibited sexual conduct laws, they should consult with a local Texas attorney. A lawyer can provide information regarding the laws as well as the statute of limitations for sexual abuse.
How Does Texas Define “Sexual Intercourse”?
Texas law defines sexual intercourse, for the purposes of prohibitions of certain sexual conduct, as any type of penetration of the female sex organ by a male sex organ.
What Does “Deviate Sexual Intercourse” Mean in Texas?
In Texas, deviate sexual intercourse is defined as an individual’s genitals coming in contact with another individual’s mouth or anus with the intent to gratify or arouse either party.
With Which People Am I Not Allowed to Have Sexual Contact in Texas?
There are several individuals with whom an individual is not permitted to have sexual contact in Texas, including:
- An individual’s ancestor or descendant, whether by blood or adoption;
- An individual’s current or former stepparent or stepchild;
- An individual’s parent’s brother or sister of whole or half blood;
- The individual’s sister or brother, whether by whole or half-blood;
- An individual’s child, whether the child is related to them by blood or adoption; and
- Any whole or half-blooded cousins or any cousins related to the individual via adoption.
In other words, sexual conduct is prohibited between:
- Parents and children;
- Stepparents and stepchildren;
- Siblings, including half-siblings;
- Uncles or aunts and their nephews or nieces;
- First-cousins,
- Others.
Sexual conduct is even prohibited if the parties meeting these descriptions are consenting adults. In addition, it does not matter if the familial bond results from blood, full or half, or by adoption.
The most serious type of prohibited sexual conduct is sexual conduct between a parent and child, even if it is an adult child. Incest is a second-degree felony that is punishable by two to 20 years in prison, a maximum fine of $10,000, or a combination of both.
If the sexual conduct is between other covered family members, it is a third-degree felony offense. A third-degree felony is punishable by two to 10 years in prison, a fine of up to $10,000, or a combination of both.
In general, statutory rape describes an offense where a consenting adult and a consenting minor engage in sexual relations. Although the contact is consensual, Texas law prohibits sexual contact between an individual younger than 17 years of age and another individual who is more than three years older than the minor.
Statutory rape laws are based on the concept that children under the legal age are not capable of giving meaningful consent.
What Is the Punishment for Engaging in Prohibited Sexual Conduct?
The punishment for engaging in prohibited sexual conduct in Texas is a third-degree felony that is punishable by:
- Two to 10 years in state prison;
- Payment of a $10,000 fine;
- Both payment of the fine and prison time.
When an individual is charged with a felony sex offense or if the victim of an alleged sex offense requests, a court may order that the defendant be HIV tested. In addition, an individual who is convicted of engaging in prohibited sexual conduct will be required to register as a sex offender for the remainder of their life.
If an individual is required to register as a sex offender but they do not do so, they may be charged with a felony offense of Failure to Register. The type of felony that an individual who does not register will face depends on the nature of the crime that requires them to register.
Potential punishments for failing to register may include:
- For a state prison crime: 6 months to two years in a state prison and a fine of up to $10,000;
- Third-Degree Felony: A term in prison of from two to 10 years and a fine of up to $10,000;
- Second-Degree Felony: A term in prison of from two to 20 years and a fine of up to $10,000; and
- First-Degree Felony: Five to 99 years or life in prison and up to a $10,000 fine.
It is important to note that a prosecutor may be able to enhance a defendant’s punishment if they have spent time in prison previously. Or, if the individual has been charged with or convicted of failure to register previously, their sentence may be enhanced.
If an individual is required to register, they have to do so with the county or municipality where they reside or intend to reside for more than seven days. In addition to other information, the registration has to include:
- The type of offense in which an individual was convicted;
- The age of the victim; and
- A recent color photograph of the individual.
Assume that an individual who is required to register spends more than 48 hours in a different county or municipality three or more times in one month. In this case, they have to provide the local authority in that jurisdiction with certain information. In addition to registering, the individual must comply with a request for a DNA specimen.
In addition, if the Department of Public Safety has assigned the individual a numeric risk level of 3, they must give public notice of where they intend to reside. In addition, the type of employment that some registrants may hold can be restricted.
It is important to note that failing to register is taken very seriously in the State of Texas. In most cases, the prosecution will only offer prison time as part of any plea agreement offered. This means that, even if the individual offers to plead guilty, they will most likely not get out of serving time in prison.
Can I Get More Than 10 Years in Prison for This Crime?
An individual may be charged with a second-degree felony if the victim was the individual’s descendant or ancestor by blood or adoption. The punishment for a second-degree felony in Texas is a term of imprisonment of from two to 20 years, a $10,000 fine, or both.
Do I Need a Lawyer?
You may be convicted of engaging in a prohibited sex crime. If this is the case, you may be facing serious penalties, including as much as 20 years in prison and registering as a sex offender in Texas for the rest of your life if you are convicted. If you are facing any criminal charges, it is essential to consult with a Texas criminal lawyer.
You may be convicted of a felony offense. If so, it may impact your criminal record, your ability to obtain employment, your professional license, your ability to be involved in your children’s lives, and many other aspects of your life. Because of this, it is very important to have legal representation to ensure that your rights are protected throughout the process.
