Texas law prohibits certain activities from being committed against people who do not have the capacity to protect themselves or adequately look out for their own best interests. These individuals can include the elderly, disabled, and those under a certain age. The crime “Exploitation of Child, Elderly Individual, or Disabled Individual” is a serious offense under Texas law. If you are convicted of child exploitation, you may face years of incarceration and have your personal and professional reputation destroyed. It is crucial for anyone facing criminal charges related to child exploitation to speak with a criminal defense attorney experienced in defending against these types of serious allegations.

Defining Exploitation With Regard to Texas Law

Section 32 of the Texas Penal Code describes Exploitation of Child, Elderly Individual, or Disabled Individual and the criminal penalties associated with a conviction. An individual commits this crime if he or she knowingly or recklessly causes the exploitation of a disabled person, elderly individual, or child under age 14. Exploitation can include any activity which involves the improper or illegal use of a child, elderly person, or disabled person for personal or financial gain. Child exploitation can include coercing a child into sexual activities, forcing them to perform cheap labor, involving a child in drug running or sex trafficking, and more.  

Crimes against children involve more negative stigma than perhaps any other criminal offense. If a person is convicted of a crime related to child abuse or sexual contact with a child, he or she could face years or even decades of personal and criminal consequences. The criminal offense “Injury to a Child” includes a wide range of actions against children or other vulnerable individuals. Section 22.04 of the Texas Penal Code describes the crime of Injury to a Child. If you are convicted of violating this statute, you could face heavy fines, years of incarceration, and significant damage to your reputation.

Understanding Texas Law Regarding Injury to a Child, Elderly Individual, or Disabled Individual

Texas law includes many different offenses under the umbrella of “Injury to a Child, Elderly Individual, or Disabled Individual.” You can be convicted of this offense if you knowingly, intentionally, recklessly, or by omission cause injury to a child, disabled person, or elderly person. “Injury” can include bodily injury as well as mental injury, deficiency, or impairment. You can also be charged with this crime if you owe a duty of care to the person in question, and your failure to act causes him or her to suffer an injury.

The federal government has jurisdiction over certain types of “white collar crimes,” such as fraud, embezzlement, forgery, and more. Criminal penalties for federal offenses are often much more severe than punishments for state charges. If you are convicted of a federal crime, you could face incarceration in federal prison and substantial fines. If you are being investigated by a federal agency, it is critically important to contact an experienced criminal defense attorney to protect your rights.

What Constitutes Fraud Under Federal Law?

The United States Code Title 18 defines federal fraud as knowingly committing one of the following actions:

Criminal offenses against children, such as possession of child pornography, sexual assault against a child, and child abuse, carry more stigma than almost any other crime. When an individual is accused of a crime such as these, he or she may lose friends, family members, his or her career, and more. This is why false allegations of child sexual abuse are such an alarming issue. A woman in Arkansas is now facing her own criminal charges after fabricating a story about her husband’s alleged crimes against children.

Woman Says She Found Explicit Images of Children on Her Husband’s Phone

In 2018, a 34-year-old Arkansas woman went to police to make a report of her husband’s alleged sexual assault and domestic violence. She claimed that she had caught her husband sexually assaulting a 13-year-old girl and that her husband attacked her when she interrupted the alleged crime. She showed investigators a bruise from the supposed attack as well as pictures on her husband’s phone depicting child pornography. However, when investigators looked further into the woman’s allegations, they discovered that the truth was wildly different than what the woman had claimed.

Fall is just around the corner, but the hot weather in Texas has not relented. Many news outlets have run stories about the dangers of leaving children in cars during hot weather. Even when the outside temperature is only in the 70s or 80s, the temperature inside a car can climb much higher. Children left in hot vehicles can quickly become overheated and even die due to the extreme temperatures. According to the nonprofit group Kids and Cars, over 600 children have passed away in hot cars in the United States since 1990. You probably know that leaving a child unattended in a vehicle is dangerous, but you may wonder if it is considered a crime. In certain circumstances, leaving a child in a vehicle unattended constitutes a criminal charge in Texas.

Texas Penal Code Regarding Children Left in Cars

According to Texas law, there are certain situations in which it is against the law to leave a child unsupervised in a vehicle. The Texas Penal Code states that is a Class C misdemeanor criminal offense to knowingly leave a child in a motor vehicle if the child is all of the following: 

• Under the age of 7

  ...

Being charged with any type of crime can be a shocking and overwhelming experience. However, being accused of a crime you did not commit is perhaps one of the worst feelings in the world. This is especially true if you are facing criminal charges related to a sex crime against a child. Due to the heinous nature of child sexual abuse, many people accused of these crimes are treated as if an accusation alone proves their guilt. Fortunately, the United States Constitution protects criminal defendants’ rights to due process and to be presumed innocent until proven guilty. If you or a loved one has been charged with sexual assault of a child, it is imperative that you speak with an attorney experienced in defending against such serious accusations.

Texas Law Regarding Sexual Assault of a Minor

As in all other U.S. states, special laws exist in Texas to protect children from sexual contact with adults. Texas law considers a person under age 17 to be a child. The crime of sexual assault against a child is committed if an individual knowingly:

With the rise of drug addiction across the United States, both the federal and state governments are taking measures to combat this growing epidemic. There is an increasing sentiment for creating harsher penalties for drug possession. Texas, as a border state where drug smuggling is likely to occur, has in many ways led the national trend toward more stringent punishment for drug crimes. Currently, Texas has some of the most no-nonsense drug laws in the nation. Therefore, it is important to understand those laws and the penalties for violating them.

Laws for Drug Possession

Controlled substances may include both illegal drugs and prescription drugs, and illegal possession of these substances can result in criminal charges. Controlled substances are grouped into several different "schedules" based on their medical uses, their potential for addiction, and the dangers they present to their users. These schedules are identified in Texas state statute Title 6, which also specifies the punishments a person may face for possessing different amounts of these substances.

Money laundering can occur in various forms, but it always involves money that was made as a result of illegal activities. It is defined as the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses. The money produced from the crime is considered “dirty,” and the process “launders” it to make it look clean or legitimate. If a person knowingly concealed, transported, invested, or spent money that was made in an illegal way, he or she participated in committing this crime. Under the Texas penal code, money laundering is classified as a white-collar crime. This type of crime involves deceit and is motivated by the desire for financial gain. In Texas, the penalties for money laundering depend on how much money someone is accused of laundering, but this crime is always charged as a felony.

Three Stages of Money Laundering

Typically, money laundering involves three steps: 

Many states have passed laws that legalize the use of marijuana, both medically and recreationally. Texas has been historically recognized as one of the most conservative states and the use of cannabis is labeled as more liberally leaning. However, Texas legislation has begun to move toward this “liberal pathway.” In early June, House Bill 3703 was signed by Governor Greg Abbott. This bill expands medical marijuana access and use across the state of Texas, but still has strong regulations over the substance that could lead to criminal drug charges.

The Details of House Bill 3703

On June 14, House Bill 3703 was signed, effective immediately. This law now allows people with certain medical conditions to be eligible for medical marijuana use. Patients suffering from multiple sclerosis, seizure disorders, terminal cancer, autism, spasticity, or incurable neurodegenerative disease access to medical marijuana treatments. However, this form of medication cannot be smoked and must be used in the form of an oil or an inhaler. The CBD oil that is legal in Texas contains low levels of THC, the psychoactive element found in marijuana. Medicinal CBD products that are legal in Texas only contain 0.5 percent THC and over-the-counter CBD products have 0.3 percent. The intent of this bill is to allow those with the specified health issues to benefit from medical marijuana use while continuing to restrict the public or social use of the substance.

Many people have memories of sitting around a campfire with family or friends, roasting marshmallows on a summer or fall evening. Large bonfires can also be a way to dispose of leaves or unwanted trash. Accidental fires can start for many reasons, sometimes in the forest and, in other cases, at a home or building. For some individuals, however, fire can also abet illegal activity. Fires that are started intentionally may fall under the criminal act of arson. If a person is charged with this violent crime, having an experienced criminal defense attorney’s help is crucial, since the penalties for arson in Texas are significant. Understanding what acts constitute arson is important to avoid accidentally committing the crime or to comprehend possible criminal charges and their consequences. 

The Act of Arson Explained

Under Texas law, the act of arson is committed if an individual starts a fire or causes an explosion with the intent to destroy another person’s property. Not only does the arsonist damage another individual’s property, but he or she can also potentially cause severe or fatal injuries to anyone on that property. These will only lead to additional charges and harsher punishments. The act of arson extends past just setting someone’s house on fire. Charges can result from starting fires that are intended to damage or destroy vegetation, fences, or structures on open land. More commonly known, setting fires to homes, vehicles, or buildings may also be considered arson. 

We have all heard the funny story about taking a candy bar off the shelf as a child without your mother realizing it until after you left the store. While that may be an innocent act as a young child, theft is taken very seriously in the state of Texas. The penalties depend on the price of the item taken as well as the number of offenses the alleged thief has on his or her record. Theft charges are pretty straightforward: if you take something without paying, you have committed theft. What many people do not know is that you do not have to physically steal in order to find yourself facing theft charges in Texas.  

What Is Receipt of Stolen Property?

The Texas Penal Code describes theft in detail, part of which includes “receipt of stolen property.” According to the law, receiving or concealing stolen items is also considered theft. In other words, you did not have to physically steal an item to be charged. As long as it is in your possession, you may face criminal convictions for theft. In order to enforce this rule, the following guidelines must all be proven to be found guilty of receipt of stolen property: 

Prostitution is illegal throughout most of the United States, including the state of Texas. However, what many people may not realize is that both prostitutes and those who hire them may face harsh criminal consequences. There are a number of criminal penalties tied to prostitution, and being charged with this type of crime can not only result in a criminal conviction, but it can also affect a person's reputation, career, and personal relationships.

What Is Prostitution?

The Texas Penal Code defines prostitution and other acts of public indecency. A person may be charged with prostitution if they knowingly offer to receive payment or agree to receive money from another individual in return for engaging in sexual conduct. In addition, a person who offers to pay or agrees to pay a person for the purpose of engaging in sexual acts may be charged with prostitution. The offense is a Class B misdemeanor unless the offender has been convicted of a prior crime involving prostitution. Those found guilty of a Class B misdemeanor face up to $2,000 in fines and/or up to 180 days in jail. 

The right to bear arms has been a hot topic for years. This is a direct result of mass shootings that have taken place across the country. While many people advocate for the banning of firearms, the Second Amendment protects American citizens’ right to keep and bear arms. The state of Texas has strict gun laws to mitigate the number of gun-related crimes while still allowing its citizens to own a gun if they meet the requirements.

Texas Laws Explained

Texas is a “shall-issue” state. This means that as long as applicants pass the basic state law requirements, the issuing authority cannot deny applicants a permit if they would like one. Texas is not alone. 41 of the 50 U.S. states are classified as shall-issue. Those who would like to "open carry" are required to obtain a Texas License to Carry (LTC) or a concealed carry license/permit from a state with reciprocity. The same licenses/permits are required to legally carry a concealed gun; however, additional training and exams must also be completed. Both open carry and concealed carry require an individual to be 21 years old, or 18 years old if they are a member of the military.

In the United States, crimes against children are taken very seriously. In 2015, approximately 3.5 million students who were surveyed by the Stop Educator Sexual Abuse Misconduct & Exploitation organization reported having had physical sexual contact from an adult. Most often, these perpetrators were listed as teachers or coaches. When other types of sexual misconduct are included in the calculation, this number increases to 4.5 million children in 8th through 11th grades. These actions include exposure to pornography, sexually explicit language, or exhibitionism.

Due to the prevalence of sexual abuse by teachers or other people in positions of authority, teachers should be aware of the potential for accusations of having an inappropriate teacher-student relationship. These claims can not only lead to criminal charges, but they can also cause a great deal of damage to one's reputation and career. Teachers should be sure to understand the laws surrounding these types of cases and the potential consequences of an accusation.

Today’s children have access to an overwhelming amount of technology and electronic devices. They do not know a world without smartphones, computers, or tablets. Teenagers, as well as young children, spend hours online playing games or browsing websites, videos, and social media pages. Easy access to the Web can make children vulnerable to online predators and consequently, may become victims of Internet sex crimes such as child pornography. Any crime against a child is taken seriously in the state of Texas, and it is important to know the legal consequences if you are accused of such crimes.

Types of Internet Sex Crimes

The Internet is one of the most convenient and useful technology tools available today. People of all ages use it to find information on a variety of subjects. However, sometimes the Internet can entice users to participate in immoral and illegal activities. Sex crimes have become more common with the advent of the Internet and online chat rooms, but in some cases, a person can be falsely accused of such a crime. It is important to understand what constitutes an Internet sex crime against a minor in case you face these types of allegations.  

In the United States, there are two kinds of laws – state laws and federal laws. As a result, there are state-level crimes and federal crimes. There are also state courts and federal courts. When someone violates a state law, the case will be handled by a state court and when a federal law is violated, it will be handled in federal court.

Sometimes a crime violates both state and federal law. In this case, the defendant can be tried in state court or federal court. Often, it comes down to the magnitude of the crime and what the state and federal prosecutors decide.

State laws are passed by state legislators, whereas federal laws are passed by Congress. States establish state criminal courts in cities and counties to prosecute violations of state law. In contrast, the federal courts are established under the U.S. Constitution and instead of deciding on state-level offenses, they strictly handle federal prosecutions involving violations of laws contained in the Constitution and passed by Congress.

“Assault and battery” is a phrase most people have heard, whether on the news or on a procedural TV show. However, this phrase often doesn’t refer to a single charge. Assault and battery are two different crimes often prosecuted together because of their similar natures. In Texas, the elements of a case against a defendant for assault and battery are the same, though there are many different classifications for different degrees of the offense.

For example, assault on its own is defined as intentionally, knowingly, or recklessly threatening to cause bodily injury to another person. However, following through on that threat is considered “battery.” In Texas, a charge of assault (and battery) includes causing bodily injury to another person, threatening another person with bodily injury, or causing physical contact with another person against his or her consent.

The degrees of the crime depend on whether the defendant merely threatened to cause harm or actually caused damage to another individual. It’s a Class C misdemeanor if a person threatens another with bodily harm or causes physical contact in an offensive or provocative way. For example, if you threaten to beat someone up and push them to emphasize your point, you would be guilty of a Class C misdemeanor.

While many of us have seen characters called “flashers” depicted humorously in movies and television, in reality, this kind of behavior may constitute an offense called indecent exposure. Under Texas Penal Code, Title 5, Chapter 21, Section 21.08, “indecent exposure” is defined as exposing your private parts to another person. The charge of indecent exposure is a sex crime in the state of Texas, and may carry penalties including jail time and steep fines.

According to the Texas Penal Code, a person may be charged with indecent exposure for showing their anus or any part of their genitals to another person if they do so with the purpose of sexually arousing themselves or another person. To convict someone of indecent exposure, a prosecutor must be able to prove that the defendant recklessly exposed themselves to another person, ignoring the reasonable assumption that the person or people present would be upset by this act.  A charge of indecent exposure may be upgraded to sexual assault or attempted rape if unwanted touching is involved.  

What Are the Penalties for Indecent Exposure?

In the state of Texas, a charge of indecent exposure is considered a Class B misdemeanor.

Drug trafficking is a state and federal crime, which carries severe consequences for offenders. A charge of drug trafficking may include the manufacturing, delivery, and sale of anything deemed a “controlled substance.” Drug trafficking laws can be highly complex, depending on which controlled substances and how much of them are involved in any given case. The Drug Enforcement Administration (DEA) divides controlled substances into 5 schedules, based on the danger and effects of various drugs. As the schedules of these drugs vary, so do the penalties attached to them.

“White collar crime” is a common term, most often associated with corporate America. Yet, it’s not just big-time players on Wall Street who can be found guilty of this type of offense. A broad distinction, the definition of white collar crime encompasses various offenses revolving around finances, trade secrets and fraud. While non-violent in nature, these crimes can still lead to serious penalties and punishments at the state and federal level. Read on to learn more about common types of white collar crimes which may even occur in your community, and contact our experienced Plano white collar crime attorney at The Crowder Law Firm, P.C. if you or someone you know has been accused of one of these offenses.

Common Examples of White Collar Crimes Include:

• Fraud: The first offense usually associated with white collar crime, fraud, involves any kind of lying or deception designed to benefit the person committing it. Some of the kinds of fraud you may be with familiar with are insurance fraud, workers’ compensation fraud, mortgage fraud, securities fraud, and tax fraud. Besides occurring inside the corporate world, fraud also occurs when a person’s information is stolen, in cases of debit or credit card fraud. A related charge to this is identity theft, which involves taking a portion of someone’s personal information and using it for your own financial gain.
• Bribery: Bribery is the practice of offering another person something of value to influence a transaction. The goal of a bribe is to sway another individual’s decision-making, in the hope it will have a favorable outcome for you. It may involve the exchange of monetary compensation, assets, or services. None of these things actually need to be exchanged for a person to be found guilty of bribery, as merely offering someone any of them can be enough to lead to a bribery charge. Even telling someone to offer these things on your behalf may constitute bribery, regardless of the outcome.
• Embezzlement: Embezzlement is stealing on the part of an individual from their employer, or from another party to whom they owe some responsibility. For instance, an employee who steals property from the company they work at may be found guilty of embezzlement. But a family member who takes funds from a relative whom they are legally required to care for can also be tried on an embezzlement charge.
• Money laundering: This crime involves hiding funds that were obtained illegally in order to conceal their source. The illegal sale of drugs or weapons, for instance, may lead to money laundering charges. This practice is commonly done by filtering monies through businesses or real estate transactions, or by purchasing expensive items to get rid of illegal funds.
• Insider Trading: A crime specific to the financial sector, insider trading is the use of confidential or unreleased knowledge to gain an advantage in trading publicly held shares of a corporation. Employees within a corporation can be found guilty of insider trading if they use their access unfairly, as can other individuals who have explicit knowledge of a corporation’s inner-workings.
• Extortion: Extortion is the practice of obtaining financial or other kinds of compensation by acts of force or threat. For instance, a criminal enterprise that forces businesses to pay for protection or other services can be found guilty of extortion. Money or other compensation does not necessarily have to be exchanged for someone to be convicted of extortion, as the mere threat of violence may be enough.
• Blackmail: Threatening to harm someone by using information that could negatively affect their reputation unless you are compensated financially or otherwise is the basis for blackmail.  
• Forgery: To forge something is to make a copy of a document, signature, banknote, art work, or other item of value. To be guilty of the crime of forgery, you must attempt to use this copy for your own personal gain by concealing its inauthenticity.

Call a White Collar Crime Attorney Today

Because white collar crime is such an expansive offense, you will need a lawyer who knows the ins and outs of criminal defense law to make sure you have the best chance of winning your case. Luckily, our attorney at The Crowder Law Firm, P.C. has spent years securing favorable results for clients all across Texas. With experience defending state and federal charges, and a long list of not guilty verdicts and dismissals, you know you’re in good hands when you hire The Crowder Law Firm, P.C. To make sure you are completely confident in your decision, we even offer free case evaluations, so you always feel confident in your choice of representation. At The Crowder Law Firm, P.C., we believe that everyone deserves a fair shot in court. Call now and let us give that fair shot to you.

Dial 214-303-9600 today for skilled legal counsel, or contact us online for more information.