In Texas, a sex crime is any criminal act involving sexual misconduct, unlawful sexual behavior, sexual assault, or illegal pornography. The state has a specific law prohibiting sexual conduct between certain citizens.
What Is Prohibited Sexual Conduct?
In Texas, prohibited sexual conduct refers to a person engaging in sexual intercourse or sexual activity with a specific individual. The state also includes deviate sexual intercourse in its law prohibiting sexual conduct. The individual in the law is an “off limits” category because of some reason. The person knows this but engages in the sexual intercourse or sexual activity anyway.
How Does Texas Define “Sexual Intercourse”?
Sexual intercourse is defined as any type of penetration of the female sex organ by a male sex organ.
What Does “Deviate Sexual Intercourse” Mean in Texas?
Deviate sexual intercourse means a person’s genitals coming in contact with the prohibited individual’s mouth or anus with the intent to gratify or arouse either party.
What People Am I Not Legally Allowed to Have Sexual Contact With?
There are several people that a person is not allowed to have sexual contact with, including:
- Current or former stepparent or stepchild
- The person’s whole or half-blooded aunt or uncle
- The person’s whole or half-blooded sister or brother
- The person’s child whether they are related to them by blood or adoption
- Any whole or half-blooded cousins or any cousins related to the person via adoption
What Is the Punishment for Engaging in Prohibited Sexual Conduct?
It is a felony in the third degree punishable by:
- Two to 10 years in state prison
- $10,000 fine
- Fine and prison time
Can I Get More Time than 10 Years for this Crime?
Yes. A person can be charged with a second degree felony if the victim was the person’s descendant or ancestor by blood or adoption. The prison time ranges from two to 20 years and/or a $10,000 fine.
Do I Need a Lawyer?
A sex crime conviction carries a serious penalty and will leave you labeled as a sex offender. It is imperative you obtain a Texas criminal lawyer to help you build a defense to fight your criminal charge.