Sex Crime Offenses

Sexual Assault

Sexual Assault is serious felony offense in Houston and throughout the State of Texas. This is the criminal charge applied to cases referred to as rape and date rape.

The Texas Penal Code defines Sexual Assault as any offense that involves knowingly or intentionally penetrating or touching any part of a person’s orifices or sexual organs without their consent or causing them to touch said body parts on the alleged offender.

If a person was raped or forced to engage in sexual intercourse or sexual contact, the offense will be charged as Sexual Assault. In Houston, Harris County, Texas, the District Attorney is always ready and willing to pursue sexual assault cases for the highest amount of jail time possible.

Criminal Penalties

In general, Sexual Assault cases are classified as felony offenses. However, the nature of the crime, the sexual activity, aggravating factors and the victim are major determining factors in the severity of the classification of the felony offense.

For example, a person charged with sexual assault will be prosecuted for a Second Degree Felony while if the victim was a child, the charge will be prosecuted as a First Degree Felony.

Aggravated Sexual Assault

If there are any aggravating factors such as a deadly weapon being used or injury was caused to the victim, the criminal charge will be classified as an Enhanced First Degree Felony. Sexual Assault of a Child (Child Molestation) can also be classified as Aggravated Sexual Assault.

A conviction for a First Degree Felony sexual assault can mean a prison sentence of 5-to-99 years with the Texas Department of Criminal Justice while a conviction for a Second Degree Felony carries a prison sentence of 2-to-20 years. Aggravated Sexual Assault convictions carry a minimum 25 year sentence to life.

There are various defenses to some sexual assault cases. If you or a loved one are facing allegations of sexual assault or think they might be in the future, contact the Law Office of Sandra J. Oballe today at 713-524-6656 to learn more about your legal options. In these situations, it’s best to contact us quickly so we can develop the best defense strategy for your situation.

Continuous Sexual Abuse of a Child

In the State of Texas, “continuous sexual abuse of a child” (Child Molestation) is a serious criminal offense. The crime has life changing consequences for individuals convicted of the criminal offense in the court of law.

The offense is defined as committing 2 or more sexual acts with a child under 14 years of age (or a disabled person) within a 30 day period, regardless of the if it’s the same child or not.

In order for a grand jury to bring charges on the alleged offender, they only need to unanimously agree that 2 or more sexual acts were committed against a child (or disabled person) within a 30 day period. They do not have to agree on what specific sexual acts were committed.

Criminal Penalties

A conviction for “continuous sexual abuse of a child or disabled person” is a First Degree Felony in the State of Texas. Consequences following a guilty verdict include a prison sentence with the Texas Department of Criminal Justice managed facility for period of 25-to-99 years. If the convicted party is ever released from prison, they’ll be required to join the sex offender registry.

If you or a loved one stand charged with “continuous sexual abuse of a child,” call Sandy today at 713-524-6656 today. Sandy is one of the more experienced Houston sex crime lawyers that knows how to get the best possible outcome for people with serious criminal charges.

Indecency with a Child

In Texas, Indecency with a Child can be defined as any form of sexual contact with a child or any action that causes the child to engage in any form of sexual activity. Criminal charges for this offense (Indecent Exposure or Indecency with a Child by Exposure) also apply when a person exposes their genitalia to a child or causes a child to reveal their genitalia.

Criminal Penalties

In Texas, indecency with a child by sexual contact (Child Molestation) is classified as a 2nd Degree Felony. If convicted, Second Degree Felony convictions carry prison sentences ranging from 2 to 20 years and a possible fine of up to $10,000.00.

Indecency with a child offenses in which the crime is based on Exposure are classified as 3rd Degree Felony offenses. If convicted, the penalties include prison time ranging from 2 to 10 years with a fine of up to $10,000.00. You’ll also be required to join the registered sex offender database.

Solicitation of a Minor for Sex

Offenses that could lead to criminal charges for “Solicitation of a Minor for Sex” include internet sex crimes such as “Online Solicitation of a Minor for Sex” and any form of knowingly engaging in sexually explicit communication with a minor, distributing sexually explicit content to a minor or attempting to meet with a minor for the purpose of sexual explicit activity. Worth noting, a minor can not lawfully agree to consensual sex with an adult if they’re under the age of 17.

Criminal Penalties

Engaging in sexual explicit communication with a minor, or “Online Solicitation of a Minor,” is a Felony of the Third Degree under Texas law. If convicted, Third Degree Felony guidelines demand a prison sentence ranging from 2-to-10 years.

If the minor was under the age of 14, the offense will be classified as a Second Degree Felony which carries a prison sentence of anywhere from 2-to-20 years. The defendant may also be compelled to pay a fine of up to $10,000.00. Also, the defendant will have to register as a sex offender upon their release.

Invasive Visual Recording (Indecent Photography)

In Texas, a person engaged in the act of invading someone’s privacy with a recording device is committing a sex crime. Indecent Photography or “Invasive Visual Recording” is defined by the Texas Penal Code as intentionally sharing, broadcasting, or recording an image or video of a person’s “intimate areas” (private parts) such as a person’s buttocks, sexual organs, female’s breast, or of them in a changing room or bathroom (areas expected to be private) without their consent.

Criminal Penalties

Invasive Visual Recording is classified as a State Jail Felony in the state of Texas. If a person is convicted of a State Jail Felony, Texas law prescribes punishment in the form of state jail time of anywhere from 6 months to 2 years. There may also be a fine assessed which will not exceed $10,000.00.

There are various defenses to the crime of Invasive Visual Recording. If you need to talk with an experienced criminal defense attorney about a legal matter, contact the Law Office of Sandra J. Oballe today at 713-524-6656 and schedule a consultation with our legal team.

Possession of Child Pornography

Texas law defines Possession of Child Pornography as knowingly or intentionally acquiring, producing or possessing images or video on any medium depicting a child in a sexual compromising manner.

Criminal Penalties

An offense under this section is classified as a Second Degree Felony which is punishable by a prison sentence of 2-to-20 years. Habitual offenders’ charges will be classified as a First Degree Felony which is punishable by a prison sentence of 5-to-99 years.

At the Law Office of Sandra J. Oballe, we have nearly 30 years of experience defending individuals charged with Possession of Child Pornography, violations of federal law, and we’ve provided legal counsel for individuals facing prosecution in federal courts. If you need to talk with an experienced Houston sex crimes attorney about a legal matter of this magnitude in Brazoria, Angleton, or Harris County, call us at 713-524-6656. Ask for Sandy.

Prostitution Related Sex Crimes

Prostitution is defined by the Texas Penal Code as any action which involves knowingly accepting payment for a sexual favor or offering to pay for a sexual favor. Prostitution related crimes include the following;

• Prostitution
• Compelling Prostitution
• Solicitation of Prostitution
• Promotion of Prostitution
• Online Promotion of Prostitution
• Aggravated Online Promotion of Prostitution
• Aggravated Promotion of Prostitution

In the past, some prostitution-related sex crimes were classified as Class B Misdemeanor offenses in Texas. However, things have changed.

Criminal Penalties

As of September 1st of 2021, prostitution is classified as a State Jail Felony in the State of Texas. Individuals convicted of prostitution will face a minimum of 6 months to 2 years state jail and a fine of up $10,000.00.

In other words, whether you’re the alleged prostitute or the alleged “john,” anyone with a criminal case related to prostitution will have their crime classified as a State Jail Felony. For repeat offenders, the stakes are higher as the offense may be classified as a Felony of the Third Degree. If this is the case, the potential prison sentence for a person convicted of 2 or more prostitution offenses can range from 2 years, all the way up to 10 years.

Some prostitution offenses such as Aggravated Promotion of Prostitution are classified as First Degree Felony crimes in Texas. A

conviction for such an offense can mean a prison sentence of 5-to-99 years with the Texas Department of Criminal Justice.

If you’re facing criminal charges for prostitution in Houston and you’re interested in learning more about your legal options and potential defense strategies, contact our law office today. We have decades of experience helping people charged with such offenses in Houston, TX. For immediate help, Sandy can be reached at 713-524-6656.

Failure to Register as a Sex Offender

Failure to register as a sex offender can result new criminal charges that may be classified as a State Jail Felony, Third Degree Felony, or as a Second Degree Felony. The classification of the offense is determined various factors including previous offenses and varying expiration periods as outlined below.

Criminal Classifications for Failure to Register as a Sex Offender:

• State Jail Felony if the defendant’s duty to register expires under Article 62.101 (b) or (c).
• 3rd Degree Felony if the defendant’s duty to register expires under Article 62.101 (a) and who is required to register once a year under Article 62.058.
• 2nd Degree Felony if the defendant’s duty to register expires under Article 62.101 (a) and who is required to register every 90 days under Article 62.058.

If the court is shown that the defendant was previously convicted of failure to register as a sex offender, the penalty for the new case may be enhanced to the next highest criminal classification.

If criminal charges were filed against you for Failure to Register as a Sex Offender or if you need help with a related matter, contact our law firm today at 713-524-6656. Ask for Sandra.