Category Archives: Sex Crimes

Sex Crimes in Texas: Criminal Defense Overview

Allegations of sex crimes under either state or federal law can destroy lives, even before charges are filed. A single sex crime conviction can follow someone for the rest of their days. The need for a vigorous and aggressive criminal defense cannot be underestimated. What is a Sex Crime? It’s not that easy to define…


New Texas Sex Crimes:  The Online Prostitution Laws Effective September 1, 2019

Texas Penal Code Amended to Address Human Sex Trafficking Over the Internet Human trafficking laws exist at both the federal and state levels; anyone arrested on these charges faces serious felony time if convicted.  However, the reality has been that federal prosecutions have been fiercer and with more bite than those charges at the state…


Fort Worth Federal Judge John McBryde Child Porn Downward Departure Sentence

Mr. Lowe’s client was investigated by the Fort Worth Police Department (FWPD) officer assigned to Crimes Against Children Unit who was conducted an investigation of a peer-to-peer file sharing network.  The file sharing network being investigated was called eDonkey.  eDonkey required its users to download file sharing software called Shareaza.  This software enabled the users…


Photographs as Sex Crimes: Changes to the Texas Revenge Porn Law (Texas Penal Code §21.16)

Do Revenge Porn Laws Violate the First Amendment? Sexual Photograph Crimes and Free Speech Today, smart phones have made it so easy to take photographs or make videos that the temptation to capture images of a sexual nature is often overpowering for some people.  These images can then be readily stored – and shared –…


Human Trafficking in Texas: Criminal Defense Perspective Part 2 of 2

In Texas, arrests are made by both state and federal law enforcement asserting violation of various crimes involving the human trafficking of individuals, with many of these cases alleging the sex trafficking of minors (those under the age of 18 years).  For more on the various crimes involved in the trafficking of humans in Texas,…


Human Trafficking in Texas: Criminal Defense Perspective Part 1 of 2

Trafficking Crimes in Texas Trafficking is a criminal law term used for both drug crimes and sex crimes.  Here, we will be excluding drug trafficking and the defense of those charged with trafficking drugs in Texas. Our focus is on the crimes involved in human trafficking laws: what they provide, and related crimes that are…


Criminal Solicitation of a Minor: Criminal Charges under Texas Penal Code § 15.031

Anyone arrested for Criminal Solicitation of a Minor in Texas likely faces other serious felony sex crime charges and a statutory limitation on defenses that can be asserted on their behalf.   Sex crimes involving minors are given special consideration by the Texas Legislature, as the lawmakers have passed detailed and specific criminal statutes dealing…


Prostitution Crimes in Texas: Promotion of Prostitution and Compelling Prostitution

Arrested for Violation of Texas Penal Code §43.03 or TPC §43.05 Prostitution has been a thriving business in Texas for a long time; indeed, one could argue that sex workers have made their own significant contributions to the Lone Star State’s uniquely colorful and intriguing past. Brothels: Integral Parts of Texas History Consider, for instance,…


Sexual Performance of a Child: Criminal Charges under Texas Penal Code § 43.25

Anyone under the age of eighteen (18 years) is considered a child under Texas law: their involvement in either sexual conduct or sexual performance is a crime. The Crime of “Sexual Performance of a Child” The crime of “sexual performance of a child” is defined under Texas Penal Code Section 43.25 as involving any individual…


Invasive Visual Recording: Texas Felony Arrest

Voyeurism: Arrested for Non-consensual Photography in Texas Not too long ago, the Texas Court of Criminal Appeals ruled the then-existing criminal statute regarding “improper photography” was unconstitutional.  Ex parte Thompson, 442 S.W.3d 325 (Tex. Crim. App. 2014). The 2014 opinion from our highest criminal court had a tremendous impact on pending prosecutions for serious felonies like…