Sex Crimes

All too often, accusations of sexual misconduct are made for the wrong reasons. Whether it be a matter of jealously or revenge for a failed relationship, it has become all to prevalent in today’s society. Such an accusation can be devastating to the accused. Just the mere accusation can end relationships and ruin careers.

Because of the nature of the accusation, the individual case is given considerable attention by law enforcement. The prosecution of a sex crime is often zealous and unrelenting. Indeed many prosecutor’s offices now have sections dedicated to prosecution of these types of cases, especially when they involve children.

In addition to prosecution of the case, there are a number of collateral issues that exist with respect to sex crimes. Whether it be statutory prohibitions relating to being around schools or the prospect of registering as a sex offender for life, it is important to realize the full gravity of a sex crimes accusation.

It is important to mount a vigorous and aggressive defense to a sex crime accusation. The background of the accuser, the circumstances of the alleged incident, and the history of the relationship between the accuser and the accused all must be thoroughly investigated. This investigated from the very beginning of the case.

Not only is the investigation of such a case important, but the trial skills necessary to successfully defend this type are very specific to this type of offense. Successfully defending a sex crime accusation requires the ability to get a jury to see the alternative reason for the accusation.

At the Matlock Law Firm, we have successfully defended sex crime accusations. Whether it be the extensive pretrial investigation that leads to a successful result, or the skills to defend the case in front of a jury, the firm is well-suited to handle such a case.

Most Sex Crimes are found in Chapter 21 of the Texas Penal Code. The exceptions are Sexual Assault and Aggravated Sexual Assault, both found in Chapter 22, Sections 22.02 and 22.04 respectively. These however, are classified more as assaultive offenses, yet they can still expose a person to the same collateral consequences as any sex crime.

As you can see, there are a number of ways a person could be charged with a sex crime. Sex crimes involve more than Sexual Assault. Additionally, these types of crimes carry with them the potential to be required to registered as a sex offender pursuant to Chapter 62 of the Texas Code of Criminal Procedure.

TEXAS STATUTES

§ 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:

(1) intentionally or knowingly:

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

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

(C) 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

(2) intentionally or knowingly:

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

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

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

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

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

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1) the actor compels the other person to submit or participate by the use of physical force or violence;

(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the

present ability to execute the threat;

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8) the actor is a public servant who coerces the other person to submit or participate;

(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

(c) In this section:

(1) "Child" means a person younger than 17 years of age who is not the spouse of the actor.

(2) "Spouse" means a person who is legally married to another.

(3) "Health care services provider" means:

(A) a physician licensed under Subtitle B, Title 3, Occupations Code;

(B) a chiropractor licensed under Chapter 201,

Occupations Code;

(C) a physical therapist licensed under Chapter 453, Occupations Code;

(D) a physician assistant licensed under Chapter 204, Occupations Code; or

(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.

(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:

(A) licensed social worker as defined by Section 505.002, Occupations Code;

(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;

(C) licensed professional counselor as defined by Section 503.002, Occupations Code;

(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;

(E) member of the clergy;

(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or

(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.

(5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.

(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

(e) It is an affirmative defense to prosecution under Subsection (a)(2) that:

(1) the actor was not more than three years older than the victim and at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and

(2) the victim:

(A) was a child of 14 years of age or older; and

(B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was

prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

§ 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).

§ 21.01. DEFINITIONS. In this chapter:

(1) "Deviate sexual intercourse" means:

(A) any contact between any part of the genitals

of one person and the mouth or anus of another person; or

(B) the penetration of the genitals or the anus

of another person with an object.

(2) "Sexual contact" means, except as provided by

Section 21.11, any touching of the anus, breast, or any part of the

genitals of another person with intent to arouse or gratify the

sexual desire of any person.

(3) "Sexual intercourse" means any penetration of the

female sex organ by the male sex organ.

(4) "Spouse" means a person to whom a person is legally

married under Subtitle A, Title 1, Family Code, or a comparable law

of another jurisdiction.

§ 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN.

(a) In this section, "child" has the meaning assigned

by Section 22.011(c).

(b) A person commits an offense if:

(1) during a period that is 30 or more days in

duration, the person commits two or more acts of sexual abuse,

regardless of whether the acts of sexual abuse are committed

against one or more victims; and

(2) at the time of the commission of each of the acts

of sexual abuse, the actor is 17 years of age or older and the victim

is a child younger than 14 years of age.

(c) For purposes of this section, "act of sexual abuse"

means any act that is a violation of one or more of the following

penal laws:

(1) aggravated kidnapping under Section 20.04(a)(4),

if the actor committed the offense with the intent to violate or

abuse the victim sexually;

(2) indecency with a child under Section 21.11(a)(1),

if the actor committed the offense in a manner other than by

touching, including touching through clothing, the breast of a

child;

(3) sexual assault under Section 22.011;

(4) aggravated sexual assault under Section 22.021;

(5) burglary under Section 30.02, if the offense is

punishable under Subsection (d) of that section and the actor

committed the offense with the intent to commit an offense listed in

Subdivisions (1)-(4); and

(6) sexual performance by a child under Section 43.25.

(d) If a jury is the trier of fact, members of the jury are

not required to agree unanimously on which specific acts of sexual

abuse were committed by the defendant or the exact date when those

acts were committed. The jury must agree unanimously that the

defendant, during a period that is 30 or more days in duration,

committed two or more acts of sexual abuse.

(e) A defendant may not be convicted in the same criminal

action of an offense listed under Subsection (c) the victim of which

is the same victim as a victim of the offense alleged under

Subsection (b) unless the offense listed in Subsection (c):

(1) is charged in the alternative;

(2) occurred outside the period in which the offense

alleged under Subsection (b) was committed; or

(3) is considered by the trier of fact to be a lesser

included offense of the offense alleged under Subsection (b).

(f) A defendant may not be charged with more than one count

under Subsection (b) if all of the specific acts of sexual abuse

that are alleged to have been committed are alleged to have been

committed against a single victim.

(g) It is an affirmative defense to prosecution under this

section that the actor:

(1) was not more than five years older than:

(A) the victim of the offense, if the offense is

alleged to have been committed against only one victim; or

(B) the youngest victim of the offense, if the

offense is alleged to have been committed against more than one

victim;

(2) did not use duress, force, or a threat against a

victim at the time of the commission of any of the acts of sexual

abuse alleged as an element of the offense; and

(3) at the time of the commission of any of the acts of

sexual abuse alleged as an element of the offense:

(A) was not required under Chapter 62, Code of

Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a

reportable conviction or adjudication for an offense under this

section or an act of sexual abuse as described by Subsection (c).

(h) An offense under this section is a felony of the first

degree, punishable by imprisonment in the Texas Department of

Criminal Justice for life, or for any term of not more than 99 years

or less than 25 years.

Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472.

§ 21.06. HOMOSEXUAL CONDUCT.

(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b) An offense under this section is a Class C misdemeanor.

§ 21.07. PUBLIC LEWDNESS.

(a) A person commits an offense if he knowingly engages in any of the following acts in a

public place or, if not in a public place, he is reckless about

whether another is present who will be offended or alarmed by his:

(1) act of sexual intercourse;

(2) act of deviate sexual intercourse;

(3) act of sexual contact; or

(4) act involving contact between the person's mouth

or genitals and the anus or genitals of an animal or fowl.

(b) An offense under this section is a Class A misdemeanor.

§ 21.08. INDECENT EXPOSURE.

(a) A person commits an offense if he exposes his anus or any part of his genitals with

intent to arouse or gratify the sexual desire of any person, and he

is reckless about whether another is present who will be offended or

alarmed by his act.

(b) An offense under this section is a Class B misdemeanor.

§ 21.11. INDECENCY WITH A CHILD.

(a) A person commits an offense 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:

(1) engages in sexual contact with the child or causes

the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire

of any person:

(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.

(b) It is an affirmative defense to prosecution under this

section that the actor:

(1) was not more than three years older than the victim

and of the opposite sex;

(2) did not use duress, force, or a threat against the

victim at the time of the offense; and

(3) at the time of the offense:

(A) was not required under Chapter 62, Code of

Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a

reportable conviction or adjudication for an offense under this section.

(c) In this section, "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.

(d) An offense under Subsection (a)(1) is a felony of the

second degree and an offense under Subsection (a)(2) is a felony of

the third degree.

§ 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND

STUDENT.

(a) An employee of a public or private primary or

secondary school commits an offense if the employee engages in:

(1) sexual contact, sexual intercourse, or deviate

sexual intercourse with a person who is enrolled in a public or

private primary or secondary school at which the employee works and

who is not the employee's spouse; or

(2) conduct described by Section 33.021, with a person

described by Subdivision (1), regardless of the age of that person.

(b) An offense under this section is a felony of the second

degree.

(c) If conduct constituting an offense under this section

also constitutes an offense under another section of this code, the

actor may be prosecuted under either section or both sections.

(d) The name of a person who is enrolled in a public or

private primary or secondary school and involved in an improper

relationship with an educator as provided by Subsection (a) may not

be released to the public and is not public information under

Chapter 552, Government Code.

§ 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.

(a) In this section, "promote" has the meaning assigned by Section

43.21.

(b) A person commits an offense if the person:

(1) photographs or by videotape or other electronic

means records, broadcasts, or transmits a visual image of another

at a location that is not a bathroom or private dressing room:

(A) without the other person's consent; and

(B) with intent to arouse or gratify the sexual

desire of any person;

(2) photographs or by videotape or other electronic

means records, broadcasts, or transmits a visual image of another

at a location that is a bathroom or private dressing room:

(A) without the other person's consent; and

(B) with intent to:

(i) invade the privacy of the other person;

or

(ii) arouse or gratify the sexual desire of

any person; or

(3) knowing the character and content of the

photograph, recording, broadcast, or transmission, promotes a

photograph, recording, broadcast, or transmission described by

Subdivision (1) or (2).

(c) An offense under this section is a state jail felony.

(d) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section or the other law.

(e) For purposes of Subsection (b)(2), a sign or signs

posted indicating that the person is being photographed or that a

visual image of the person is being recorded, broadcast, or

transmitted is not sufficient to establish the person's consent

under that subdivision.

For aggressive representation of any sex crime accusation, call Fort Worth Criminal Defense Attorney M. Shawn Matlock of the Matlock Law Firm at (817) 332-3000.

Tarrant County Sex Crimes Attorney/ Fort Worth Sex Crime Lawyer/ Texas Sex Crimes Attorney/ Tarrant County Sexual Assault Defense Attorney/ Fort Worth Indecency Defense Lawyer/ Texas Aggravated Sexual Assault Attorney

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