Sex with a Minor

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Accusations of sexual conduct with a minor can ruin your career, hurt your family, and potentially send you to prison.

If you have been accused of having sex with a minor, you need an experienced Houston child sex crimes attorney like Ned Barnett. With over 30 years of legal experience, Attorney Barnett will your case, guide you through the legal process, and work to protect your future.

Contact the Law Offices of Ned Barnett for a free and confidential consultation at (713) 222-6767.

Types of Sex with a Minor Charges in Texas

Under Texas law, it is illegal for anyone 18 years or older to engage in sexual activity with someone under the age of 17, even if the minor gave their consent. This is often referred to as statutory rape. The law also covers various types of sexual conduct, each with different penalties based on the circumstances:

Indecency with a Child

Texas Penal Code § 21.11 defines this offense as engaging in sexual contact or causing a child under 17 to engage in sexual acts intended to gratify the sexual desire of any party.

Sexual Assault of a Child

Under Texas Penal Code § 22.011, this charge applies when an adult engages in sexual activities with a child under the age of 17. Consent is irrelevant under this statute due to the minor’s age.

Continuous Sexual Abuse of a Child

Texas Penal Code § 21.02 criminalizes repeated sexual abuse of a child under 14 over a period of 30 or more days. Conviction of this charge can lead to severe penalties due to the ongoing nature of the abuse.

Sexual Performance by a Child

As outlined in Texas Penal Code § 43.25, this offense involves inducing or allowing a child under 18 to engage in sexual conduct for performance or visual recording purposes. The law targets actions where minors are used in sexually explicit materials.

Online Solicitation of a Minor

Under Texas Penal Code § 33.021, it is illegal for an adult to intentionally communicate with a minor in a sexually explicit manner, distribute sexually explicit material to a minor, or knowingly solicit a minor with the intent that the minor will engage in sexual contact or intercourse.

Improper Relationship between Educator and Student

Texas Penal Code § 21.12 prohibits school employees, such as teachers or administrators, from engaging in sexual relationships with students enrolled at their institution. This law applies regardless of the student’s age to maintain boundaries and protect student welfare.

Criminal Penalties for Sex with a Minor in Texas

The punishments for sexual contact with a minor in Texas are harsh. Convicted individuals must register as sex offenders, which imposes strict limitations on where they can live and work. This registration is also publicly available. Other criminal penalties include:

Second-Degree Felonies

The offenses of indecency with a child, sexual assault of a child, and improper relationship between educator and student can be charged as second-degree felonies. Online solicitation of a minor can also be a second-degree felony charge if the minor is under 14. These charges are punishable by 2 to 20 years in prison and a possible fine of up to $10,000.

First-Degree Felonies

The offenses of continuous sexual abuse of a child and sexual performance by a child are typically a first-degree felony if the child is under 14. These charges carry a sentence of 5 to 99 years or life in prison. If the child is between 14 and 18, it is a second-degree felony.

In addition, convicted individuals must register as sex offenders. This designation is publicly available and can severely restrict where you can live and work.

Defenses Against Sex with a Minor Charges

If you are accused of having sex with a minor, it is critical to build a strong defense. Attorney Ned Barnett can analyze your case and identify legal strategies to fight the charges. Possible defenses include:

Romeo and Juliet Defense: Texas law provides an exception for consensual sexual relationships between teens close in age. If the accused is no more than three years older than the minor and the act was consensual, this defense may apply.

Marriage: If the parties involved were legally married at the time of the sexual contact, this can be used as a defense.

Mistaken Identity: In some cases, the accused may be falsely identified by the minor or other witnesses.

Lack of Knowledge of Age: Although Texas law does not typically recognize ignorance of the minor’s age as a defense, there may be ways to present the facts to reduce the charges or penalties.

Minors Who Lie About Their Age

A common issue in these cases is when minors lie about their age. In situations where the minor presented themselves as older, an attorney can present these facts to help explain the situation. However, Texas law does not allow a specific defense based on a reasonable belief that the minor was of legal age. Nevertheless, this information can be crucial in negotiating reduced charges or penalties.

FAQs: Sex with a Minor & Statutory Rape in TX

What should I do if I’m accused of having sex with a minor?

If you are accused, do not speak to the police without first consulting an attorney. Anything you say can be used against you. Contact a skilled criminal defense lawyer immediately.

What if the minor lied about their age?

In situations where the minor presented themselves as older, an attorney can present these facts to help explain the situation. However, Texas law does not allow a specific defense based on a reasonable belief that the minor was of legal age. Nevertheless, this information can be crucial in negotiating reduced charges or penalties.

Can I be convicted if the minor consented?

Yes, Texas law does not recognize consent from minors under 17. Even if the minor willingly participated, you can still be convicted of statutory rape.

Will I have to register as a sex offender if convicted?

Yes, if convicted, you will be required to register as a sex offender for life. This will significantly limit your ability to live, work, and travel.

Can a criminal record for a minor-related offense be expunged or sealed in Texas?

Generally, felony convictions for offenses involving minors are not eligible for expungement or sealing.

Accused of Sex with a Minor? Contact a Houston Sex Crimes Attorney

If you’ve been accused of having sex with a minor, it’s critical to take immediate action to protect your future. Attorney Ned Barnett has decades of experience defending clients against child sex crime charges in Houston. His background as a former prosecutor gives him a unique understanding of how these cases are built and where they are vulnerable.

For a free, confidential consultation, contact the Law Offices of Ned Barnett at (713) 222-6767. Let us help you build the strongest defense possible.