How Are Sex Crimes Defined In Texas?

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In Texas, there is no single definition for a sex crime; there are numerous types of sex offenses with their own definitions. The most common types of sex charges, from least to most serious, are:

Assault by Contact

Assault by contact is the least serious sex-related offense you could be charged with in Texas. It occurs when a person “intentionally or knowingly causes physical contact with another when the other knows or should reasonably believe that the other will regard the contact as offensive or provocative.”

Assault by contact is typically charged when a person makes unwanted sexual contact with another person over their clothing. Examples include: kissing a person without their consent or groping another person’s breasts, butt, or crotch.

Assault by contact is a Class C misdemeanor that carries no jail time and a maximum punishment of a $500 fine.

Indecent Exposure

Indecent exposure occurs when a person “exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.”

Indecent exposure is a class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine.

Public Lewdness

A person commits public lewdness when they have sex or “sexual contact” with another person “in a public place” or “if not in a public place, the person is reckless about whether another is present who will be offended or alarmed.”

Public lewdness is typically charged when two people have sex in a public place, such as a car in a parking lot or in an alley behind a building. But this isn’t required. Technically, you can be charged for having sex in your own home if you’re reckless about whether other people can see you. It’s not common, but I have seen public lewdness charges filed against people having sex in hotel rooms and houses in front of windows when the police believe they wanted people on the street to see them.

Public lewdness is a class A misdemeanor punishable by up to 1 year in jail and a $4,000 fine.

Online Solicitation of a Minor

Online solicitation of a minor occurs when a person, via an electronic message (such as email, texts, or internet chat), solicits someone 16 years old or younger (or someone the person thinks is 16 years old or younger) to meet them (or another person) for the purpose of having sex or sexual contact.

It’s not a defense that the meeting never happened; the offense is complete once the solicitation occurs. Like a few other sex offenses, there is a “Romeo and Juliet” clause that provides a defense if the person charged is no more than three years older than the minor and the solicitation was consensual.

Online solicitation of a minor is a third-degree felony (2-10 years in prison and up to a $10,000 fine) if the minor’s age (or believed age) was 14-16. It’s a second-degree felony (2-20 years in prison and up to a $10,000 fine) if the minor’s age (or believed age) was under 14.

Improper Relationship Between Educator and Student

Improper relationship between educator and student is a unique sex offense because it applies only to people employed by primary and secondary schools (i.e. kindergarten through high school). This offense is committed when a person who works at a primary or secondary school has sex or sexual contact with a person enrolled at that school.

The improper relationship law is very broad. It applies not just to teachers, but anyone who works at a primary or secondary school, including coaches, police officers, administrative staff, and custodians. Consent is not a defense, and it doesn’t matter if the person enrolled in the school was 18 or older.

Improper relationship between educator and student is a second-degree felony, punishable by between 2-20 years in prison and up to a $10,000 fine.

Sexual Assault of an Adult

Sexual assault of an adult occurs when a person intentionally or knowingly:

• Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; or
• Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
• Causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.

Texas defines an adult, for purposes of sexual assault, to be anyone 17 years or older.

Texas law doesn’t require that the victim expressly say “no” or try to resist the assault. Instead, the law says that there is no consent if:

• The person forces the victim to have sex
• The person threatens force or violence against someone other than the victim
• The victim is unconscious
• The victim is unable to consent due to a mental illness
• The person has impaired the other person by giving them a substance without their knowledge; or
• The person is in a position of authority (such as a public servant, healthcare worker, or priest) who uses their position to get the victim to have sex with them

Sexual assault of an adult is a second-degree felony, punishable by between 2-20 years in prison and up to a $10,000 fine.

Indecency with a Child

A person commits indecency with a child (defined as someone 16 years old or younger) if the person does the following with the child (regardless of whether the person knows the child is actually 16 years old or younger):

• Engages in sexual contact with the child, or causes the child to engage in sexual contact; or
• With the intent to arouse or gratify the sexual desire of any person:
  1. Exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
  2. Causes the child to expose the child’s anus or any part of the child’s genitals.

“Sexual contact” is defined as any of the following, if done with the intent to arouse or gratify the sexual desire of any person:

• Any touching, including through clothing, of the anus, breast, or any part of the genitals of the child; or
• Any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals.

As with other sex offenses involving children, there is a “Romeo and Juliet” clause that provides a defense if the person was (1) not a registered sex offender, (2) no more than three years older than the victim, (3) the conduct was consensual.

The punishment for indecency with a child varies depending on whether the indecency involved “sexual contact” or “exposure.”

If there was only exposure and no contact, indecency with a child is a third-degree felony, punishable by between 2-10 years in prison and up to a $10,000 fine.

If there was sexual contact, indecency with a child is a second-degree felony, punishable by between 2-20 years in prison and up to a $10,000 fine.

Sexual Assault of a Child

A person commits sexual assault of a child (defined as someone 16 years old or younger) if, regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

• Causes the penetration of the anus or sexual organ of a child by any means
• Causes the penetration of the mouth of a child by the sexual organ of the actor
• Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
• Causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
• Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Other states draw a distinction between “consensual” sex with a child (so-called “statutory rape”) and “nonconsensual” sex with a child and impose different punishments for the two. Texas law, however, doesn’t distinguish between these very different situations. Any sex with a child, whether “consensual” or nonconsensual, can result in the charge of sexual assault with a child.

Fortunately, Texas recognizes that teenagers do have sex with each other and, as with other sex offenses, has included a “Romeo and Juliet” defense. First, the victim can’t be 13 years old or younger. Second, the person can’t be more than three years older than the victim. Finally, the person can’t be a registered sex offender.

In practice, the “Romeo and Juliet” defense means that:

• A 16-year-old can have consensual sex with someone up to 19 years old.
• A 15-year-old can have consensual sex with someone up to 18 years old
• A 14-year-old can have consensual sex with someone up to 17 years old.

Sexual assault of a child is a second-degree felony, punishable by between 2-20 years in prison and a up to a $10,000 fine.

Aggravated Sexual Assault of an Adult

Aggravated sexual assault of an adult occurs when a person sexually assaults an adult and:

• Causes serious bodily injury or attempts to cause the death of the victim or another person during the assault
• Places the victim in fear that any person will become the victim of human trafficking or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
• Uses or exhibits a deadly weapon during the assault
• Commits the sexual assault in concert with another person
• Commits the sexual assault on an elderly person (i.e. 65 years or older) or a disabled person; or
• With the intent of facilitating the commission of the sexual assault, administers or provides to the victim any substance capable of impairing the victim’s ability to appraise the nature of the sexual assault or to resist it

Aggravated sexual assault of an adult is a first-degree felony, punishable by between 5 years to life in prison and a $10,00 fine.

Aggravated Sexual Assault of a Child

Aggravated sexual assault of a child occurs when a person sexually assaults a child and:

• The child is 13 years old or younger; or
• The person
  1. Causes serious bodily injury or attempts to cause the death of the victim or another person during the assault
  2. Places the victim in fear that any person will become the victim of human trafficking or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
  3. Uses or exhibits a deadly weapon during the assault
  4. Commits the sexual assault in concert with another person
  5. With the intent of facilitating the commission of the sexual assault, administers or provides to the victim any substance capable of impairing the victim’s ability to appraise the nature of the sexual assault or to resist it

The punishment for aggravated sexual assault of a child varies depending on the circumstances.

If the child is 5 years old or younger, the punishment is 25 years – life in prison.

If the child is 13 years old or younger and any of the things listed above in (2) happened: the punishment is 25 years – life in prison.

Otherwise, aggravated sexual assault of a child is a first-degree felony with a punishment of 5 years – life in prison and up to a $10,000 fine.

How Are Sex Crimes Determined To Be Either State Or Federal Level Offenses?

The vast majority of sexual offenses are state offenses. But you can be charged with a federal sex offense in certain circumstances if the sexual offense involves interstate commerce or the crossing of state lines or occurs on federal property.

For more information on Sex Crimes In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 936-4521 today.