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Sex Offenses

Tyler Sex Crimes Lawyer Carlo DAngelo

If you been accused of Possession of Child Pornography, call Tyler Sex Crimes Attorney Carlo DAngelo to discuss your case.

In Texas, sex crimes cover a wide range of offenses including rape and aggravated sexual assault. Serious sex crimes, whether they are prosecuted in State or Federal court, are subject to prison sentences and lifetime registration as a sex offender. Other charges which carry less serious penalties but are equally damaging to your eputation are public lewdness (or lewd conduct), indecent exposure and solicitation of prostitution.  If you or someone you love has been accused with any of the following offenses, it's critically important that you retain the services of a skilled criminal defense lawyer prior to speaking with law enforcement agents or police officers.

Possession or distribution of child pornography
Child exploitation
Online solicitation or enticement of a minor in a chat room
Indecency with a child (exposure/contact)
Child molestation
Statutory rape
Aggravated sexual assault of a child
Super aggravated sexual assault of a child
Continuous sexual abuse of a child
Aggravated kidnapping with intent to violate or abuse victim sexually

Sec. 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.

(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):

(1)  that the actor was the spouse of the child at the time of the offense; or

(2)  that:

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

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

(ii)  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

(B)  the victim:

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

(ii)  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.

Sec. 22.04.  INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.  (a)  A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:

(1)  serious bodily injury;

(2)  serious mental deficiency, impairment, or injury; or

(3)  bodily injury.

(a-1)  A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility:

(1)  serious bodily injury;

(2)  serious mental deficiency, impairment, or injury;

(3)  bodily injury; or

(4)  exploitation.

(b)  An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), (3), or (4) is conduct constituting an offense under this section if:

(1)  the actor has a legal or statutory duty to act; or

(2)  the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.

(c)  In this section:

(1)  "Child" means a person 14 years of age or younger.

(2)  "Elderly individual" means a person 65 years of age or older.

(3)  "Disabled individual" means a person older than 14 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect himself from harm or to provide food, shelter, or medical care for himself.

(4)  "Exploitation" means the illegal or improper use of an individual or of the resources of the individual for monetary or personal benefit, profit, or gain.

(d)  For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if he has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for a child, elderly individual, or disabled individual.  For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), (3), or (4), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, and medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility.

(e)  An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly.  When the conduct is engaged in recklessly, the offense is a felony of the second degree.

(f)  An offense under Subsection (a)(3) or (a-1)(3) or (4) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim.  When the conduct is engaged in recklessly, the offense is a state jail felony.

(g)  An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence.  An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), (3), or (4).

(h)  A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.

(i)  It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor:

(1)  notified in person the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); and

(2)  notified in writing the parents or person other than himself acting in loco parentis to the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); or

(3)  notified in writing the Department of Protective and Regulatory Services that he would no longer provide any of the care set forth in Subsection (d).

(j)  Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued.

(k)  It is a defense to prosecution under this section that the act or omission consisted of:

(1)  reasonable medical care occurring under the direction of or by a licensed physician; or

(2)  emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.

(l)  It is an affirmative defense to prosecution under this section:

(1)  that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy;

(2)  for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that:

(A)  there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and

(B)  the person:

(i)  was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title;

(ii)  did not cause a condition described by Subsection (a)(1), (2), or (3); and

(iii)  did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or

(3)  that:

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

(B)  the victim was a child at the time of the offense.

Sec. 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).

Sec. 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.

Sec. 21.11.  INDECENCY WITH A CHILD.  (a)  A person commits an offense if, with a child younger than 17 years of age, 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.

(b-1)  It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.

(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.

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