Category Archives: Sex Crimes

Online Solicitation of a Minor: Texas Penal Code §33.021

One of the many consequences of the unprecedented COVID-19 Pandemic has been the skyrocketing use of the internet by minors, since remote schooling for many required the ability to access the web.  More children in the United States are online than ever before.  Read, “Growing up on screens: How a year lived online has changed…


Federal Prosecution: Commercial Sex Acts and Sexual Exploitation of a Minor

Under federal law, anyone under the age of 18 years is considered to be a “minor” regardless of how any state statute may define the age of majority, or how sophisticated and mature the individual may appear.  18 U.S.C. § 2256(1).  Minors are assumed to lack the mental ability or capacity to understand the full…


Crimes of Sexual Assault or Rape: Texas Injury Claims Based Upon Premises Liability Law

According to the latest crime statistics compiled by the Texas Department of Public Safety (DPS), sexual assaults are on the rise in our state, with an almost 10% annual increase in reported sexual assaults.  The DPS data confirms that targets of sexual assault in Texas are more likely to be female than male and that …


Sexual Harassment: Sexual Assault Personal Injury Claims in Texas

Sexual harassment is illegal under both federal and state law. It is widely prohibited under the premise that an individual has the basic legal right to go to work without having to face harassment.  In some instances, sexual harassment can form the basis of a civil damages lawsuit based upon Texas injury law that is…


The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c) Part Two of Two: Is Texas’ Version of Jessica’s Law Unconstitutional?

Criminal Defense Discussion of Constitutional Challenges to Texas’ Version of Jessica’s Law Recently a petitioner took his case to the highest court in the land, the Supreme Court of the United States (SCOTUS), asking the High Court to consider whether or not the Texas statute enacting the Lone Star State’s version of Jessica’s Law violates…


The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c): Part One of Two

Criminal Defense Overview of Texas’ Version of Jessica’s Law In February 2005, a nine-year-old girl named Jessica Lunsford was abducted from her bed in her family home’s in Homosassa, Florida.  Her body was discovered buried in a shallow grave, shrouded in a garbage bag, behind the mobile home where a neighbor named John Evander Couey…


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 –…