Category Archives: Sex Crimes

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…


Mandatory Minimum Penalties in Federal Sentencing

Congress Decides Your Prison Sentence with Certain Federal Crimes Our modern system of mandatory minimum sentencing in federal cases arguably began with the passage of the Anti-Drug Abuse Act of 1986.  Congress enthusiastically targeted drug “kingpins” for explicit punishment, mandating that the federal judge must sentence these defendants, upon conviction, to imprisonment in a federal…


False Rape or Sexual Assault Claims: False Allegation is a Felony Charge

Last week in a North Texas courtroom up in Sherman, Texas, 19-year-old Breana Rachelle Harmon stood up before the 59th Judicial District court bench and pled guilty to filing a false rape claim back in March 2017. North Texas Teen Pleads Guilty to False Rape Accusation: Harmon Plea Deal Harmon was indicted on (1) two…


Dallas Sex Crime Arrests and Possible Criminal Charges against the Dallas Vice Unit

Texas has more human trafficking cases than any other state in the union except for California, and most of this is sex trafficking.  Texas being Number Two in the USA isn’t news to those involved in the criminal justice system here in North Texas.  It’s been this way for several years now.  In fact, the…


Defending Sexual Assault Charges and the Bill Cosby Trial

The Bill Cosby trial enters its third day today as the comedian faces three counts of aggravated indecent assault, which are felonies under Pennsylvania law.  Things are moving along.  The jury is in the box, and witnesses are taking the stand in the Montgomery County courtroom. Accuser on the Stand This morning, the testimony of…


When Sexting is a Crime in Texas

Last Friday, former New York Congressman Anthony Weiner pled guilty in a federal court to the felony charge of transferring obscene material to a minor as part of a plea deal. His sentencing hearing is scheduled for September 8, 2017.  It’s understood that as part of the plea agreement with the U.S. Attorney General’s Office,…


Child Pornography: Defending Against Overreaching Investigations Using the Internet

Here in Texas, specific teams of law enforcement are dedicated to investigating, arresting, and prosecuting child pornography laws.  Their focus is solely on building cases against individuals violating either state or federal child porn statutes.   That’s fine.  Task forces have been around for years. Overreaching Child Porn Investigations Violate the Law The problem today is…


Loss of Privacy And Arrest in Texas: Hurting Your Job, Your Relationships, Your Life

You can be arrested under either federal or state law here in Texas. We’ve discussed how those two systems work side by side here in Dallas, Fort Worth, and North Texas. For more on the process of being detained, arrested, and released on bail, read: Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and…


Texas Sex Offender Registry List Is Huge But Not Every Listed Sex Offender Is an Adult Who Committed a Sex Crime

Last week, the Austin American Statesman published some pretty important facts about the State of Texas’ Sex Offender Registry. The Austin newspaper’s investigation needs to have lots of state-wide scrutiny because what is being revealed by the Statesman is critical information for every Texan. The Statesman’s full investigative piece was published online on July 14,…