Houston Sex Crimes Lawyer

When sexual offense accusations are made or charges are filed against you anywhere in Harris County, contact a Houston sex crimes lawyer as soon as possible. Rumors damage your reputation. But a Texas sex crime conviction will devestate your future.

Accused of a Sex Crime in Houston? Call Ned Barnett

When you’re facing sexual allegations in Southeast Texas, you need to hire a highly-skilled attorney to guide you through the legal process. By enlisting Ned Barnett, you get someone with decades of experience and a track record of success in cases like yours. Attorney Barnett regularly helps people facing sexual allegations across greater Houston, from Baytown, Friendswood, and Pearland to League City, Nassau Bay, Pasadena, and Webster.

He is a board-certified criminal defense attorney by the Texas Board of Legal Specialization and has decades of experience defending clients against sex crime charges. Attorney Barnett prides himself on knowing how Texas law enforcement agencies approach sex crime investigations, and offers personal service, honest communication, and aggressive representation. Schedule a free and confidential consultation by calling (713) 222-6767 today.

Our Resources For Dealing With Sex Crime Accusations.

Don’t Take Sex Crime Charges Lightly

Whether you are charged with a misdemeanor or a Harris County grand jury has handed down a felony indictment, sex offenses have harsh consequences and penalties in Texas. Not least among them include losing your job, expulsion from school, possible sex offender registration, embarrassing your family, and possible jail time.

Don’t think you can explain things on your own or speak to the police without an attorney.

Houston Sex Crimes We Handle

Texas law prohibits various non-consensual or inappropriate sex acts, including:

• Indecent Exposure & Public Lewdness – Texas Penal Code, Title 5, Chapter 21, Section 21.08 defines indecent exposure as exposing your genitals or anus for the purpose of arousal or sexual gratification with the reckless disregard for whether other people will be alarmed or offended. This covers actions such as “flashing” or “mooning” others, though it may also include women being topless in public or anyone urinating in public. This is typically charged as a class B misdemeanor.
  
  If you engage in indecent activity in public, such as having sex in a park, you can also be charged with public lewdness with elevated penalties as a class A misdemeanor.
• Prostitution & Solicitation – Under Tex. Pen. Code § 43.02, exchanging sexual activity for money or something else of value, or soliciting another person for this purpose, is considered a crime in Texas. If there is evidence you sold or purchased a sex act, you could be charged with prostitution, which may be a misdemeanor or felony. If you knowingly offer or agree to engage in prostitution, this is known as solicitation and is a misdemeanor.
• Sexual Assault – Under Sec 22.01, sexual assault in Texas covers almost every form of non-consensual sexual contact, including sexual battery and rape. This is charged as a felony, and comes with harsh penalties upon conviction. To learn more about sexual assault charges in Houston and potential punishments, contact The Law Offices of Ned Barnett right away.
• Spousal Rape – You can be charged with spousal rape according to Texas Penal Code Section 22.011 if you commit any sex offense against your husband or wife. This is a serious charge that carries devastating consequences, so if you find yourself facing an accusation of spousal rape in Harris County, TX, call Ned Barnett right away.
• Military Sex Crimes – If you’re a military member who has been accused of sexual assault or another sex offense, you may face criminal charges under state or federal law in addition to consequences within the military. Call an experienced defense lawyer for help.
• Revenge Porn – Under Texas Penal Code Section 21.16 if you share a sexually explicit photo or video without the consent of the individual(s) in the material, you face a felony and the subsequent consequences. Even sending unsolicited nude photographs is now a crime in Texas.
• Trafficking for Sexual Exploitation – §20A.02 involves trafficking individuals, particularly children, for sexual purposes. Penalties range from a second-degree felony (2 to 20 years) to a first-degree felony (5 to 99 years or life), especially if minors are involved.
• Indecent Assault – Under §22.012, indecent assault involves non-consensual sexual contact without penetration, such as groping. It is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $4,000. These offenses cover a wide range of non-consensual or inappropriate sexual acts, with penalties escalating based on the severity of the crime and any aggravating factors such as the involvement of minors.
• Improper Relationship Between Educator and Student – Any sexual contact between a school employee and a student is illegal under §21.12, even if the student is over 17 but still enrolled in the same school district. This is classified as a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
• Sexual Coercion – Sexual coercion (§21.18) involves threatening to commit a crime or expose private information to force someone into sexual conduct. It is a state jail felony (180 days to 2 years in jail) but can increase to a third-degree felony (2 to 10 years) if the defendant has prior convictions.
• Voyeurism – Observing or recording someone without their consent for sexual gratification in a private setting is considered voyeurism under (§21.17). It is generally a Class C misdemeanor (fine up to $500), but if the person being observed is under 14, the charge escalates to a state jail felony.
• Obscenity – The sale, distribution, or promotion of obscene materials is a criminal offense under §43.23. Possession of obscene material is a Class A misdemeanor, while promotion or distribution, especially involving minors, is a state jail felony (180 days to 2 years in jail).
• Failure to Register as a Sex Offender – Failing to comply with sex offender registration requirements is a crime in Texas under §62.102, with penalties ranging from a state jail felony to a second-degree felony, depending on the original offense.
• Stalking & Menacing – Under Texas Penal Code §42.072, stalking involves engaging in behavior that causes another person to fear for their safety or the safety of their family. This can include repeated harassment, threats, or surveillance. Stalking is a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000, but it escalates to a second-degree felony (2 to 20 years) for repeat offenders. Menacing—also known as criminal harassment—can fall under the same section if it involves threatening behavior, though it may also be charged under §42.07, harassment, which is typically a Class B misdemeanor (up to 180 days in jail and fines up to $2,000).
• Forcible Touching – Forcible touching, which is the unwanted and non-consensual touching of another person in a sexual manner, is often prosecuted as Indecent Assault under Texas Penal Code §22.012. This offense involves non-consensual groping or fondling of intimate areas. Forcible touching is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $4,000.
• Online Sting Operations – Texas law enforcement often conducts online stings to catch individuals attempting to solicit minors for sexual purposes. These operations fall under Online Solicitation of a Minor, defined in §33.021 of the Texas Penal Code. The crime occurs when someone uses the internet to send sexually explicit messages or arrange a meeting with a person they believe to be under 17. If the minor is younger than 14, the offense is a second-degree felony (2 to 20 years in prison). Otherwise, it is a third-degree felony (2 to 10 years in prison).
• Massage Parlor Stings – Massage parlor stings are often set up to catch individuals soliciting or engaging in prostitution. Under §43.02 of the Texas Penal Code, prostitution is the exchange of sexual activity for money or something of value. Those caught in these stings may face penalties ranging from a Class B misdemeanor for a first offense (up to 180 days in jail and fines) to a felony if repeat offenses or human trafficking are involved. Additionally, running or facilitating a prostitution business, such as a massage parlor engaging in illicit activity, can lead to charges of Aggravated Promotion of Prostitution (§43.04), which is a second-degree felony (2 to 20 years in prison).
• Child Sex Crimes – Sex crimes involving children in Texas carry severe penalties and are typically felonies. These offenses include Continuous Sexual Abuse of a Child (§21.02), Indecency with a Child (§21.11), Sexual Performance by a Child (§43.25), and Child Pornography (§43.26). Crimes range from non-consensual contact or exposure to involvement in sexual conduct or media. Penalties vary from 2 to 99 years or life in prison, depending on the offense and the child’s age. Texas law aims to protect minors, with harsher consequences for more egregious or repeated acts.

Charged in Houston? Ned Barnett is the Attorney You Need

If you or a loved one are accused of a sex crime in Harris County, The Law Offices of Ned Barnett can review the facts and build the strongest defense possible. Attorney Ned Barnett will begin by negotiating with the Harrris Couty District Attorney or other prosecoturs to have your charges dropped or reduced. If prosecutors insist on moving forward, then the next step is to review your options. This includes evaluating the strength of the evidence, considering all the available defenses, and preparing you to testify against false allegations in court.

To learn more about your options when facing sexual offense charges, contact The Law Offices of Ned Barnett by calling (713) 222-6767 and scheduling your free consultation.

* Super Lawyers, a Thomson Reuters service, 2015-2018
** American Institute of Criminal Law Attorneys, part of American Institute of Legal Counsel, 2016, 2015
*** Board Certified Texas Board of Legal Specialization, since 1994

Sex Offender Registration

One of the harshest punishments associated with sex crimes is sex offender registration. Most sex offenses require some level of sex offender registration, including:

• Indecency with a child by exposure
• Indecency with a child by contact (a violent offense)
• Prohibited sexual conduct/incest
• A second conviction for indecent exposure
• Compelling prostitution
• Possession or promotion of child pornography
• Sexual assault (a violent offense)
• Aggravated sexual assault (a violent offense)
• Sexual performance by a child (a violent offense)
• Aggravated kidnapping with intent to commit a sex offense (a violent offense)
• Burglary with intent to commit a sex offense (a violent offense)

Certain offenses require initial registration in addition to re-verification once per year. However, those that are deemed violent offenses require offenders to verify their residency and information with the police every 90 days. Depending on your case, you may also be required to register for 10 years or for your entire life.

Registering as a Sex offender in Harris County

If you are required to register as a sex offender, it is absolutely necessary that you do so correctly. You need to register in the correct place within the required period of time. You will need to go to your local law enforcement agency, fill out a sex offender registration form, and provide your fingerprints and a recent photo.

The main registering agencies in Harris County are Houston Police Department (juvenile victims) 713-731-5890, HPD (adult victims) 713-308-1190, Harris County Sheriff Department 713-967-5703, Pasadena Police Department at 713-475-7807. If you live in an unincorporated area of the county, like Cypress, Highlands, or Aldine you are to register with the sheriff’s department.​

Failure to Register & Removal

If you travel to a new location for at least one week, move, or take a job in another county, you may need to register in a new or second place, as well. Failure to register in the new location right away (or within seven days after moving) could lead to additional criminal charges and additional prison time.

Additionally, if you do not verify your information when and where you are supposed to – even if you are only a little bit late – you can get in trouble for failing to register. You could face significant consequences for a minor slip up like a day-late registration.

Sex offender deregistration is possible, but it can be a complicated and lengthy process, so make sure to contact a sex crimes attorney as soon as possible if you wish to pursue this action.

What Should IDo if I’m Accused of a Sex Crime?

If you’re ever accused of any sexual offense, avoid discussing the case with anyone, especially law enforcement, and contact a defense attorney. Anything you say can be used against you.

Can I Get a Sex Crime Charge Dismissed?

It’s possible, but it depends on the evidence, legal procedures, and any errors made during investigation. Your lawyer will work to challenge the evidence and negotiate a dismissal if possible.

Can I be Charged with a Sex Crime if the Alleged Victim Consented?

Consent can be a defense in some cases, but it may not apply if the alleged victim is a minor or under certain conditions like coercion or intoxication.

Can a Juvenile be Charged with a Sex Offense in Texas?

Yes, juveniles can be charged with sex crimes in Texas, and cases are typically handled in juvenile court, though serious cases may be transferred to adult court.

How to Prove Consent

Consent is not a defense to every sex offense. For instance, minors cannot consent to sexual contact, therefore you cannot use permission as a defense for a sex crime that victimized a child. However, if you were accused of a sex offense by another adult, you will have the opportunity in court to establish that you had permission to perform the acts.

• 10 Questions about Consent in Texas
• What’s The Age of Consent in Texas?
• How Does Alcohol Affect Consent?

Proving the Allegations are False

False allegations can arise in many ways. There are situations in which men or women knowingly level false accusations against one another. There are cases of adults coaching children to say things that are not true. There are also situations in which the interviewer makes a mistake or misinterprets another’s testimony.

And while organization like the Innocence Project and Save our Sons work to highlight these issues and provide resources for the falsely accused, it’s always best to fight to prove your innocence with a skilled attorney.

• Why Do Children Make False Sex Crime Allegations?
• Preparing the Falsely Accused to Testify
• Should You Take a Polygraph? Lie Detector Tests in Texas Sex Crimes

Establish your Innocence

Even when it feels like the things are not going your way, there are ways to prove that you are truly innocent of the crime you’re being accused of. DNA is often used to prove that you are innocent. A skilled lawyer may be able to utilize DNA evidence to establish that you were not the culprit.

• Setting the Record Straight: How to Defend Against Sex Crime Charges
• Should I Try to Convince My Accuser to Drop Sexual Assault Charges
• Afraid of Looking Guilty? Call a Sex Crime Lawyer Anyway

Prove a Mistake of Identity

Another way to prove you are factually innocent is to prove that this has been a case of mistaken identity. You are not arguing the crime did not occur. Instead, you are proving that you have been mistaken for the offender.

Resources for Those Accused of Sexual Offenses

• National Association for Rational Sexual Offense Laws (NARSOL)
• National Sexual Violence Resource Center (NSVC)
• Alliance for Constitutional Sex Offense Laws(ASCOL)
• Sex Offender Help
• Houston Sex Addicts Anonymous (SAA)