Sex Crimes Defined by State Law in the Texas Penal Code

Sex has been defined by our legislature. The Texas Legislature has characterized various sex acts or sexually-related activity to be illegal. Upon conviction, the accused will be facing punishment for either misdemeanor or felony crimes. Sex crimes can come with severe sentences, including life without parole in some instances.

Experienced Texas criminal defense attorneys will always suggest that anyone who suspects they may be facing any type of investigation or arrest for a sexually-related matter to have the support of a defense lawyer as soon as possible. These cases can be complicated. Multiple criminal charges or counts may be involved. Moreover, their impact can be devastating upon both personal and professional lives if even a hint of law enforcement investigations become the source of gossip.

Read, Sex Crimes in Texas: Criminal Defense Overview.

Sex Crime Statutes in the Texas Penal Code

Criminal laws involving sex offenses are organized in various sections of the Texas Penal Code (“TPC”). These statutes define the elements that must be established by the prosecutor in order to prove that a crime has been committed.

They also contain the various ranges of punishments that may be given to the person convicted of that particular sex crime. The burden of the State of Texas in these matters is to introduce into the record evidence that is both authenticated and admissible under evidentiary law for each element of the criminal statute. This must be done so that each component of the law has been established beyond a reasonable doubt.

Some of the statutes will also contain defenses to the allegations, which the criminal defense attorney may prove up in support of the case being dismissed before trial or for an acquittal at trial. Defenses will also be found in other areas, too, including things like constitutional arguments of violations of due process in the collection of evidence (think illegal search and seizure), etc.

It’s important to understand at the outset, before roaming through the statutes themselves, that they do not stand alone. All laws, state and federal, must be read in tandem with their judicial interpretations. Lawyers must research the statute, line by line, as well as in its application, to understand its impact and potential defenses.

For instance, there is still a criminal statute on the books that defines homosexuality as a crime. It is found in TPC §21.06. However, researching case law provides an important update: this law was found unconstitutional by the United States Supreme Court in the case of Lawrence v. Texas, 539 U.S. 558 (2003).

TPC Chapter 21

Most of this legislation is found in TPC Chapter 21 (§§21.02 – 21.19). Here, there are not only definitions of things that include “sexual contact” (§21.01(2)) and “sexual intercourse” (21.01(3)) but also “spouse” (§21.01(4)); “child” (§21.02(1)) and “disabled individual” (§21.02(2)).

Sex crimes defined within TPC Chapter 21 include:

• §21.07 – Public Lewdness

• §21.08 – Indecent Exposure

• §21.11 – Indecency With a Child (Under 17 years of age)

• §21.12 – Improper Relationship Between Educator and Student

• §21.15 – Improper Photography or Visual Recording

• §21.011 – Sexual Assault

• §22.021 – Aggravated Sexual Assault.

TPC Chapters 15, 22, 25, 33, and 43

Sex crimes are also delineated in Texas Penal Code Chapter 22, where the statutes regarding sexual assault and aggravated sexual assault were relocated in 1973. There is also TPC Chapter 43, which contains the various laws prohibiting prostitution in the State of Texas, as well as obscenity, and the child sexual abuse and child pornography laws ( §§43.02-05; 43.21-26), and online sex offenses.

Prohibited sexual conduct is a crime within TPC Chapter 25. Criminal solicitation of a minor is found in TPC §15.031. Child grooming is found in TPC §15.032. Online solicitation of a minor is found in TPC §33.021.

These sex crime statutes include (this is not an exhaustive list):

• §15.031 – Criminal Solicitation of a Minor (Under 17)

• §15.032 – Child Grooming

• §22.011 – Sexual Assault

• §22.012 – Indecent Assault

• §22.021 – Aggravated Sexual Assault

• §25.02 – Prohibited Sexual Conduct

• §33.021 – Online Solicitation of a Minor

• §43.02 – Prostitution

• §43.021 – Solicitation of Prostitution

• §43.03 – Promotion of Prostitution

• §43.031 – Online Promotion of Prostitution

• §43.04 – Aggravated Promotion of Prostitution

• §43.04 – Aggravated Online Promotion of Prostitution

• §43.05 – Compelling Prostitution

• §43.22 – Obscene Display or Distribution

• §43.23 – Obscenity

• §43.24 – Sale, Distribution, or Display of Harmful Material to Minor (Under 18)

• §43.25 – Sexual Performance by a Child

• §43.251 – Employment Harmful to Children

• §43.26 – Possession or Promotion of Child Pornography

• §43.261 – Electronic Transmission of Certain Visual Material Depicting Minor

• §43.262 – Possession or Promotion of Lewd Visual Material Depicting Child

• §43.28 – Certain Sexually Oriented Performances Prohibited.

What Texas Sex Crime Statutes Are Prosecuted Most Often?

There is no real popularity contest among Texas prosecutors on charges involving sex crimes. If there are investigations from law enforcement that provide a sufficient basis for charges to be based upon any of the above sex offenses defined by statute, the ADA will be more than happy to seek a conviction.

Texas is notorious for aggressive prosecution of sex-related offenses. Read: Buying Sex in Texas: Texas is First State in USA to Make Solicitation of Prostitution a Felony Offense; and Solicitation of Prostitution or Sex Trafficking? Overzealous Prosecutions of Johns in Texas.

Defense attorneys are also alert to the reality that these sex crime prosecutions often have a number of different crimes alleged against a defendant. The sex crime may be one of several charges within an indictment, alongside things like drug charges, weapons charges, trafficking, and more. From here, plea negotiations will ensue not only to lessen the charges to lower-level crimes within the statute, but to remove or gut all the charges asserted against the accused. See: 5 Things to Know About Plea Bargains; and Will You Go to State Jail or Texas Prison? The Importance of Plea Negotiations.

Of note, a review of the 2023 Crime in Texas Annual Report from the Texas Department of Public Safety (DPS) suggests that the most prosecuted sex crime of those found in TPC Chapter 21 appears to be Indecency with a Child by Contact (§21.11(a)(1)), with 3,120 reported cases. However, this research involves reported offenses, because some sex crimes are required to be reported to the authorities. This may not be the same as actual prosecution statistics.

Also see: Internet Sex Crimes: Criminal Defense Overview of Texas Online Sexual Offenses; and Online Solicitation of a Minor: Texas Penal Code §33.021.

Texas Sex Crime Convictions: Mandatory Sex Offender Registration

Of great importance in and criminal defense of someone charged with a sex crime, is the potential life-altering reality of having to register with the state as a sex offender. This is a tremendous burden not only for the defendant but for their loved ones who will share the stigma that comes with public registration.

One of the concerns of the defense lawyer will be attempt to negotiate with the ADA and possibly argue to the court that sex offense charges should be considered without the registration requirement. Is a plea to a lesser charge possible where the registration can be avoided?

And, defendants also need to understand that there are circumstances where sex offender registration may not be forever. For more, read: Texas Sex Offender Deregistration Synopsis: Overview and Steps for Name Removal.

Criminal Defense of Texas Sex Crimes

More and more often, ADAs are pursuing sex offense charges in Texas courtrooms. Defense lawyers must be skilled in these representations, because the evidence can be daunting. There may be the accuser and an occasional witness giving testimony, together with things like videos or texts, that make a strong case for the state and a challenge for the defense attorney. See, Witness Corroboration When Defending Sexual Assault Charges in Texas.

Defense strategies have to consider the particular circumstances of the individual case. For instance, a young adult with their entire life ahead of them may warrant different considerations than the ADA suggests. One example here is my federal court case result in Probation In A Federal Child Porn Case: Case Study by Defense Attorney Michael Lowe.

Anyone convicted of a Texas sex crime will face potentially serious sentences, especially if children are involved. Texas judges are known to be tough in these matters. Felony convictions with extensive years behind bars are available in sentencing, as for instance conviction of possession of child pornography may result in felony in the first degree sentencing if TPC §43.26 (d)(2) elements are proven by the state. This comes with an imprisonment range of five years to life under TPC §12.32.

It is important for anyone facing potential arrest for violating any Texas sex offense statute to have the help of an experienced sex crimes criminal defense attorney as soon as possible.

For more, read:

• Indecency with a Child Arrest in Texas

• Internet Sex Crimes: Criminal Defense Overview of Texas Online Sexual Offenses

• Photographs as Sex Crimes: Changes to the Texas Revenge Porn Law

• Prostitution Crimes in Texas: Promotion of Prostitution and Compelling Prostitution

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

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For more information, check out our web resources, read Michael Lowe’s Case Results, and read his in-depth articles, “Pre-Arrest Criminal Investigations” and “Sex Crimes In Texas: How Soon Do You Need to Call a Criminal Defense Lawyer?”