Texas law considers the welfare of children, disabled persons, and the elderly of the utmost importance. The inability of these protected groups to speak out for their wellbeing or to take action against predatory adults makes it all the more important for the law to protect their best interests at all times. Because of the internet’s saturation with child pornography and the difficulty of catching those responsible for creating and distributing indecent images, Texas has created laws that crack down all the harder on people who sexually exploit children. 

But while there are many types of child exploitation, Texas law means something very specific when it comes to charges of sexual exploitation of a child. If you are facing charges for this serious crime, it is important to understand what it is and what the consequences are. 

What is Child Sexual Exploitation in Texas? 

When someone knowingly, intentionally, or recklessly exploits a child (or an elderly or disabled person), they have broken Texas Penal Code section 32.53. Exploitation is defined as the improper or illegal use of a child for personal benefit, including financial benefit. This includes forcing a child to do anything against the law, including sexual acts, illegal labor, child sex trafficking, production of child pornography, and even using a child to transport drugs or weapons. This law dovetails with several other laws prohibiting inappropriate sexual behavior with children and someone charged with child sex crimes can be prosecuted under all relevant sections of the law. 

Accusations of child endangerment are easy to make and difficult to defend against. After all, in some cases whether a child is being endangered is somewhat subjective; discipline that one person finds reasonable may be seen as abusive to another. Texas law has specific definitions of what kind of behavior constitutes legal child endangerment or abuse, but it can be a long, uphill battle for a parent, neighbor, or teacher to clear themselves of charges.

If you have been accused or charged with a crime against a child, you may feel as though explaining your situation and trying to defend yourself is a reasonable approach. But the police, Child Protective Services, and prosecutors often have an agenda and are not so eager to see potential child abusers as innocent. Instead, learn as much as you can about how these accusations could impact you, and then contact a Texas criminal defense attorney with experience conducting a rigorous defense against child endangerment charges. 

What is Considered Child Endangerment in Texas? 

Any time a person exposes a child under 15 years old to a situation that could cause the child harm, the act may be considered child endangerment. Clearly, this is somewhat subject to interpretation; for example, it is illegal to leave a child without reasonable care. But while a parent may consider their child to be responsible enough to be safely left at home, a jury may see that as child endangerment. 

While most of us think of the term “sex offender” and think of serious sex offenses like rape, child sexual assault, or prostitution, the truth is that even crimes like indecent exposure, which are typically only a Class B misdemeanor, can result in the requirement to register as a sex offender as well. Once someone’s name is caught up in the Texas sex offender list, it is very hard to get it removed and the consequences associated with being a sex offender are devastating. 

Fortunately, it may be possible for some people to deregister as a sex offender. Different sex crimes have different lengths of sex offender registration, but if you meet certain requirements, you may be able to get your name taken off the list. Talk to a Texas criminal defense attorney to learn more about your options. 

How Can I Get My Name Taken Off the Texas Sex Offenders List? 

Only people convicted of certain offenses may be removed from the sex offender list. The offense must have been a first-time, non-aggravated defense, meaning that those convicted of sex crimes against a child under 14, using drugs to incapacitate a victim, causing bodily harm to the victim, etc. may not apply for deregistration. There is a list that shows whether a particular crime is eligible for deregistration. An applicant must also have completed treatment and have spent least ten years on the sex offender list.

Many Texas churches have come under close scrutiny for their handling of cases involving child sexual abuse by clergy members. The clergy members were often powerful, well-protected men in their communities and even in the world at large, making successful prosecution difficult for many years. Now, however, victims of child sexual abuse are finally getting their day in court and thousands of esteemed clergy members from worldwide religions are being sent to prison for their crimes. 

In the midst of rightfully-placed compassion for bona fide victims of abuse, many clergy members who are innocent have also been caught up in accusations of child sexual abuse that they did not commit. And, whether an individual is guilty or not, he or she is always entitled to a vigorous defense against the charges they face. That is where a Texas child sex abuse defense attorney comes in. If you are a clergy member who has been accused of sexual abuse, get a criminal defense attorney right away. 

What is the Statute of Limitations for Child Sexual Abuse Charges in Texas? 

In 2019, Texas changed its statute of limitations such that victims of sexual abuse had twice as much time to bring a civil lawsuit against their abuser. Now, someone can bring a case 30 years after their 18th birthday. This lengthening of the statute of limitations also applies to institutions, such as schools, nonprofit organizations, or religious institutions that protected or enabled an abuser to commit the sexual assault. 

A well-known star of a reality TV series recently received a sentence of 12 years in federal prison for receiving and attempting to receive child pornography, and trying to solicit minors to engage in sexual contact with him. The 22-year-old man is accused of using his fame as a prominent cheerleader and media star to solicit the minors, who lived in Florida, Illinois, and Texas. Although he initially pleaded not guilty, he later did plead guilty to two of the charges.

Convictions for child pornography and soliciting a minor carry serious consequences under Texas and federal law. This case illustrates perfectly how prosecutors are eager to pursue sex offenders and punish them to the fullest extent of the law, using victims’ testimonies to bolster their case and minimize public sympathy for perpetrators who are very often victims of sexual abuse themselves. If you are facing charges of this nature, get help right away from a Texas criminal defense attorney who will aggressively defend you. 

Federal Child Pornography Charges

When a defendant’s actions involve sending or receiving material over state lines, even if that material is over the internet and is deleted or destroyed after receipt, the federal authorities may get involved. Someone convicted of knowingly possessing child pornography can face up to 10 years in federal prison and up to 20 years if the child is under age 12. Someone distributing pornography faces even higher prison sentences. All penalties can be increased if the defendant has a prior criminal history. 

Texas law defines manslaughter as an offense that occurs when one person recklessly causes the death of another person. In contrast to homicide, in which a killing is deliberate or even premeditated, manslaughter is more akin to an accident—albeit a very serious accident in which the guilty party should have known better. Add a car or other vehicle to the situation, and you have vehicular manslaughter—although in Texas, vehicular manslaughter is just called “manslaughter.” 

The consequences of a conviction for manslaughter are serious. If you have been charged with manslaughter, it is important to learn more about the topic and then get the help of an experienced Texas criminal defense attorney. 

What Is an Example of Vehicular Manslaughter? 

Any action in which one person’s recklessness behind the wheel of a vehicle kills another person could be vehicular manslaughter, giving authorities wide leeway when bringing vehicular manslaughter charges. Examples of behaviors that may allow for vehicular manslaughter changes include: 

Child custody disputes are often heated affairs and one or both parents frequently disagree with the outcome of custody negotiations. Furthermore, the terms of a custody agreement may sometimes be unclear, leaving parents with questions about what is allowed in terms of taking children out of town, whether for vacation, relocation, or other purposes. 

While kidnapping laws in Texas are meant to protect children from abduction and other dangerous situations, parents can actually be charged with kidnapping in certain circumstances. This may seem offensive and hard to believe, but parental kidnapping charges are real and carry serious consequences. If you have been accused of or charged with kidnapping, abduction, or unlawful restraint without consent, contact a Texas criminal defense attorney right away. 

Interference with Child Custody

It is a crime in Texas for a parent to take or restrain a minor child when there is an existing custody order that contradicts the parent’s movements. This includes those rare situations in which one parent takes a child out of the country without the permission of the other parent. It also includes a much more common situation: When one parent has filed for divorce and the other parent takes a child out of the court’s jurisdictional area to prevent the court from making decisions about custody or the child’s welfare. This is true even when the parent does not remove the child himself, but rather entices the child away from their other parent. 

For perhaps most of human history, spanking has been a discipline most parents have used with their children. As recently as thirty years ago, few people thought twice about manually spanking and even using instruments like belts or switches. But norms about child discipline have changed dramatically in recent years and many people now have strong feelings about whether certain types of physical discipline cross the line into abuse. In Texas and many other parts of the United States, this can lead to phone calls to the police for behaviors that can surprise the parent on the receiving end of abuse accusations. Some of these calls even result in criminal charges. 

Texas has strict laws in place to protect children from domestic violence, endangerment, sexual assault, and other forms of child abuse. Because of this, it is useful to know when spanking may be considered child abuse in Texas, as well as the potential penalties for physically abusing a child. If you have been charged with abusing a child, even if you are confident that you are innocent, get legal help right away. 

When Does Discipline Become Child Abuse? 

All parents must discipline their children, but in Texas, the force a parent uses to discipline must be reasonable. Reasonable can be somewhat subject to interpretation, but the general idea is that if other reasonable people would find the discipline to be excessive, the discipline can be considered child abuse even if the parent disagrees. 

Raising children is never easy, but for some parents, the process is harder than others. We live in a time where the expectation of accountability for sexual crimes is the highest it has ever been, and while this is a good thing, it also opens the possibility that false accusations will be made and readily believed. A false and completely unexpected accusation that a parent committed childhood sexual abuse against their own child is every parent’s worst nightmare. These types of accusations are often as fantastical as they are offensive. If your adult child has made a post on social media, told their therapist, or confronted you with false accusations of sexual abuse you allegedly committed in the past, seek legal help right away. 

How Often Are Sexual Assault Complaints Falsified? 

While it is true that both men and women have been sexually assaulted and failed to obtain justice for their suffering, it is also true that people use allegations of sexual assault to obtain vengeance and control, or because of mental illness. It is difficult to obtain accurate estimates of false sexual abuse complaints, but estimates range from two to eight percent of all reported claims.  

Sometimes false accusations are intentional and other times alleged victims really believe the abuse happened. Certain types of leading questions by therapists and psychologists have been found to trigger false memories of sexual assault, causing a person to create “repressed” memories of sexual abuse where none really exist. 

In 1980, Candy Montgomery, a Collin County housewife, was accused of murdering her friend Betty Gore by striking her 41 times with an ax, including 28 times in the head. On the surface, it seemed like an open-and-closed case; Montgomery had carried on an affair with Gore’s husband, and although the affair had ended before the murder, the small town was convinced Montgomery was not only a cheater, but was also guilty of a grotesque manslaughter. The story has recently been featured as a limited series called Candy, which is currently streaming on Hulu. A second series—this one called Love and Death—is set to premiere on HBO Max later this year.

Young Civil Attorney Don Crowder Takes Candy Montgomery Murder Case 

Montgomery approached Don Crowder, whom she knew from their church. Despite having no criminal defense experience, Crowder took the case, and soon, his assertive, outlandish style in the courtroom garnered nearly as much attention as the case itself. In fact, his defense was so brazen that he was thrown in jail for four days for contempt of court. In the end, however, his strategy paid off when Montgomery was acquitted after only four hours of jury deliberations. 

An Original and Effective Defense Strategy

After the prosecution presented its proof that showed Montgomery was guilty, Attorney Crowder did not present a typical defense - instead, he put Montgomery on the stand. She testified about her affair with Gore’s husband, claimed that Gore attacked her first, and that Montgomery had acted in self-defense. Crowder brought in a psychologist who hypnotized Montgomery and elicited a statement that Montgomery had been psychologically triggered by a repressed memory and had essentially killed Gore in a fugue state. 

Everybody knows that stealing is against the law. But what many people do not know, and are often surprised to learn only after criminal charges have been brought against them, is that buying something that was stolen is also against the law. This is also true if the stolen item was given to you as a gift or a loan. Receipt, possession, or purchase of stolen property is illegal - if you knew (or should have known) that the item was stolen. 

Unfortunately, sometimes people accidentally purchase or are given things they did not know were stolen. If this has happened to you, it is important to secure the help of a Texas criminal defense attorney right away so you are not punished for receipt of stolen property. 

How Can the Prosecutor Say I “Should Have Known” the Property Was Stolen? 

The law against receipt of stolen property applies even if you did not know the thing you bought was stolen - as long as the prosecution can prove that you should have known. How is it possible to read someone’s mind and tell whether they should have known? We can look at a classic example of such a situation to get a better idea. 

When one person in Texas causes harm to another person unprovoked, that person has usually committed a crime. And while physical harm is never a pleasant thing to experience, the law recognizes that all physical harm is not alike; a slap in the face, while provoking someone to feel anger, pain, or fright, is not the same as suffering a leg injury so serious that you lose the ability to walk for the rest of your life. For this reason, criminal charges and punishments involving assault depend on the seriousness of the physical injuries suffered. 

What is Serious Bodily Injury in Texas?

Every state defines the idea of serious bodily injury somewhat differently, and whether a specific injury constitutes serious bodily injury can sometimes be open to interpretation by the jury in a criminal defense case. Texas law considers an injury to be a “serious bodily injury” when that injury creates a substantial risk of death or causes death, permanent disfigurement, or long-term loss of any part of the body.

Examples include, but are not limited to: 

During the time following the end of WWII through the early 1970s, the United States experienced a period of massive economic growth. Automation, full employment, and a developing transportation system all enabled significant financial gains across many sectors. However, along with the opportunity to make money came those looking to game the system, and organized crime spiked. 

In response to this influx of organized crime, lawmakers in 1970 signed the Racketeer Influenced and Corruptions (RICO) Act into law and it remains in place to this day. The consequences for federal racketeering charges are serious and defending against them requires a fearless criminal defense attorney with experience combatting state and federal criminal charges. 

What is Racketeering? 

Racketeering is the act of obtaining money through illegal business activities or extortion. Under the RICO Act, as well as the Texas Penal Code, it is illegal for someone to plan or commit certain crimes in collaboration with an enterprise. What counts as an enterprise, however, is subject to much speculation and frustration because the definition is so vague. While the RICO Act was originally meant to cover organized criminal organizations like the mafia or motorcycle gangs, even people who do not know each other have been found to be in violation of the RICO Act as the government tries to take down allegedly corrupt organizations. 

Extensive news coverage has been recently given to alleged perpetrators of hate crimes all across America. Sometimes what constitutes a hate crime can seem fairly obvious, but other times charges of hate crimes seem to be overzealously filed against those who are merely expressing their opinions. Both Texas state and federal laws protect citizens against hate crimes, but few people know what actually constitutes a hate crime and may be surprised when charges of a federal hate crime are filed against them. Here are three facts about federal hate crimes. 

What is a Hate Crime? 

When someone assaults a random person on the street and robs them of their wallet, that may seem equally wrong no matter what the sex, race, religion, or national origin of the victim may be. But when the perpetrator of such a crime commits the crime because the victim is a member of a federally protected class, the crime becomes a hate crime. A hate crime is a crime committed against someone who has specific characteristics, whether real or perceived, that are defined and protected under the law. 

Can I Be Charged with a Hate Crime for Planning to Commit a Crime? 

While charges are usually filed against someone who is alleged to have committed a crime such as arson of a religious institution, hate crime charges can also be filed against someone who is alleged to have conspired to commit a crime - even if they never actually did commit the crime they were planning. For example, a man was recently sentenced to 20 years in federal prison for planning to target Jewish worshippers at a synagogue. Although he discussed plans to take action with undercover agents, he never actually attacked the synagogue. 

In 2019, President Trump signed the Preventing Animal Cruelty and Torture Act (PACT) into law. Although every state previously had felony charges for cruelty to animals, the bill introduced the possibility of federal criminal charges for similar behavior. Now, federal prosecutors have the power and backing of the federal government to prosecute acts such as encouraging dogs or roosters to participate in fights and even selling or distributing videos of animals fighting.

For people in Texas who have been charged with extreme animal abuse, this new law can enhance already existing Texas state laws and bring serious penalties. If you have been accused of state or federal animal cruelty or abuse, it is essential to get competent criminal defense representation right away. 

What is Animal Cruelty? 

Among other abusive actions, it was already illegal to torture, abandon, overwork, or poison an animal in Texas; abandoning or failing to provide care for an animal is also illegal. Persons convicted under Texas state law of cruelty to animals can lose their animals, pay fines, and face jail time. 

The state of Texas takes auto theft very seriously; in fact, many cities, including Dallas, have their own auto theft police units. Consequences for stealing a car can range from misdemeanor charges, such as for a juvenile who takes a parent’s car on a joyride without permission, to felony charges at the federal level for grand theft auto. Grand theft auto, which occurs when a vehicle is stolen and moved to a new location with the intent to sell or otherwise deprive the owner permanently, carries serious consequences, including potential federal charges. If you have been charged with auto theft or carjacking, your future employment, reputation, and freedom could be at serious risk. 

Texas State Auto Theft Charges 

Texas has a unique class of criminal charges called “state jail felonies,” which are labeled as a felony but which punish a crime with jail time, rather than prison time. People charged with stealing a car in Texas are usually charged with unauthorized use of a motor vehicle, which is a state jail felony; consequences include a minimum of six months to two years in jail, and fines up to 10,000 dollars. 

However, if a car is worth more than $30,000, the charges can be bumped up to a third-degree felony, which allows between two and ten years in prison and fines up to $10,000. Additional actions, such as car theft performed by a public servant, against an elderly individual, or in conjunction with violent activities like carjacking, the consequences can be increased. 

Any kind of sexual activity with minors is treated harshly by Texas law. Even when alleged perpetrators of sex crimes with minors never actually met a minor for sexual activity, if they are charged with soliciting a minor they can face serious consequences. Soliciting a minor often comes with additional charges; in Texas, soliciting prostitution with a consenting adult is a felony, even for the first offense. If you have been charged with soliciting a minor, get help from a Texas criminal defense lawyer right away. 

Internet Stings

Charges for soliciting a minor often result from internet “sting” operations in which a law enforcement professional pretends to be a minor. When someone above the legal age of consent in Texas (17 years old) tries to use the internet simply to communicate in a sexually explicit way with a minor, it is a third-degree felony. This includes sending photos, emails, and even text messages. When the minor involved is under 14 years old, the charges can be upgraded to a second-degree felony. 

When someone above the age of consent tries to use the internet, or any other form of electronic communication, to induce a minor to meet for sexual activity, it is a second-degree felony. Police officers pretending to be minors often take time to allow an online “relationship” to develop, keeping and using communication between themselves and the target as evidence later on. When the alleged perpetrator tries to schedule a meeting with the minor, the police arrive and make an arrest. 

Texas high school, middle school, and elementary school teachers are in a position of significant power and influence over their students. Teachers sometimes spend more time with children than children spend with their parents and the relationship between teachers and students can provide much-needed structure and authority that helps children in tough situations thrive. 

However, when these relationships are not kept strictly platonic, teachers can run into serious trouble. Public and private school teachers are not permitted to have sexual relationships with students, even if the relationship is consensual. Texas law specifically mentions and prohibits these relationships and addresses not only teachers, but also counselors, administrators, and any other school employee. If you are a teacher who has been accused of an improper relationship with one of your students, read on. 

Even Consensual Relationships Are Illegal

Teachers are often not much older than their students, especially when their students are seniors in high school. A recent college graduate or teacher’s aide might only be three or four years older than their oldest students, and the temptation to develop a more serious relationship may feel natural and compelling. However, these relationships are almost always illegal—even if the student is not in the teacher’s class, consents to the relationship, and has reached the age of legal consent. 

When mentally competent adults commit crimes in Texas, they are charged and tried as adults with the expectation that they understood the implications of their behavior when they committed the crime. But juvenile crimes are treated differently, in large part because a minor’s brain is still developing and the connection between an action and its consequence may not be clear. 

So, when an adult allows, helps, or encourages a juvenile to break the law, Texas takes this very seriously. The adult can be charged not only with breaking the law, but with “contributing to the delinquency of a minor.” According to Texas law, a person can be held responsible for an offense when the offense was committed by another person if they are criminally responsible for helping that person commit the offense. If you have been charged with contributing to juvenile delinquency, the consequences could be serious and it is important to have a competent criminal defense team on your side. 

What Could Be Considered Contributing to the Delinquency of a Minor? 

The actions that could constitute contributing to the delinquency of a minor can vary in their seriousness as well as in their punishments. For example, if a parent willingly keeps a child out of school, allowing the child to be habitually truant, the parent may be required to participate in counseling, classes, or community service. But if a parent allows a child to use illegal drugs, or if a parent is repeatedly charged and convicted with contributing to the delinquency of a minor, they may be hit with felony charges. 

Human trafficking has gained significant public notoriety in recent years with high-profile campaigns meant to bring awareness and eradication of this issue. While human trafficking does exist, there are legitimate questions as to whether its prevalence has been somewhat exaggerated, leading to an overzealous law enforcement response that often rushes to judgment without sufficient evidence. This is especially true if the allegations of human trafficking involve child victims. If you have been charged with child trafficking, it is important to take these charges seriously and understand the potential consequences of conviction. 

What is Child Trafficking? 

Any person who intentionally entices, recruits, transports, harbors, or restricts the movement of someone to force them to provide work or services, including sexual acts, may be guilty of human trafficking. If the alleged victim is a minor, the behavior is considered child trafficking and the penalties are more serious. Child trafficking often involves illegal sexual acts between adults and children, including prostitution, child pornography, sexual abuse, and indecency with a child. Even if a person engaged in sexual conduct with someone who they did not know was a trafficked minor, they may be charged with child trafficking. 

What Are the Punishments for Child Trafficking in Texas? 

Because Texas shares a large border with Mexico, many trafficked children are brought into the country through Texas and Texas has taken a particularly aggressive stance on the issue of human trafficking. The least aggressive punishment is a second degree felony. Second degree felonies allow up to 20 years in prison and up to $10,000 in fines.