The offense of voyeurism is a Class C misdemeanor.
If the accused has been convicted at least twice previously of a voyeurism offense, their case will be classified as a Class B misdemeanor. If the victim who is being watched for the accused offender’s sexual arousal or gratification is under 14, the crime will be charged as a state felony.
Improper Photography or Visual Recording
Texas law forbids the photography or video recording of any person’s private or intimate body parts or private activities. A violation of this prohibition is referred to as an Improper Photography or Visual Recording offense.
A person violates the law against invasive video recording if they take pictures or videos of someone’s intimate body parts (or film while the person is in a bathroom or changing room without the person’s consent) with the intent to invade the person’s privacy.
A person can be charged with violating the invasive visual recording law even if they didn't personally take pictures or record video. When they become aware of photos or recordings and have knowledge that they were made in violation of someone's privacy – and then promote this material by sharing it on the internet or making it public – they can be charged with this offense under the law.
Body parts that are discussed in the law as “intimate areas” include the genitals, pubic area, anus, buttocks, and female breasts, no matter whether they are clothed or naked. The term “changing room” covers any store's dressing room where people try on items, as well as locker rooms or any other private area where people go to change clothes.
The offense of invasive visual recording is a state jail felony.
Even if there is a sign that gives notice that an area may be photographed or recorded, this is not equivalent to establishing the consent of the person who uses the area.
Unlawful Disclosure of Intimate Visual Content
Texas law forbids the sharing or distribution of “intimate visual material” that shows another person exposing their private body parts or engaging in sexual conduct without the consent and permission of the person shown in any given picture or video.
The law defines this offense as:
- The sharing or disclosing of intimate sexual visual material
- which the person in the image intended to keep private
- with the intent to harm the person shown in the image
- which does harm that person’s image or reputation.
An offense can include merely the threat to display such images in a public way or the actual sharing of the images with the public on the internet or by any other means. It is not a defense that the person shown in the visual image originally agreed to have the images recorded if they do not now agree to have them distributed publicly.
This offense is charged as a state jail felony.
The law states that if the activity that is at issue is also a violation of any other law, the prosecutor can bring charges against the accused under this law, the other law that applies, or both laws.
Improper Teacher and Student Relationships
Texas law makes it a sex crime for an employee of any primary or secondary school to be involved in any sexual contact or intercourse with a student who is enrolled at the school where that person works.
It is also forbidden under this law for anyone included in a list of specialized employees at the school to have a relationship with a student at any other school or with someone who is participating in a school-sponsored activity.
The list of school employees covered by the law includes:
- Teachers, teacher interns, and teacher trainees
- Librarians and educational aides
- Administrators
- Audiologists and occupational therapists
- Physical therapists, school doctors, and school nurses
- School counselors and social workers
Sexual conduct that is forbidden by the law includes sexual intercourse or any sexual contact that is made with the intent to arouse or gratify sexual desire when touching happens between private body parts of the school professional and the student.
An offense under this law is classified as a second-degree felony.
It is a defense to such charges if the people involved in the conduct are married to each other or if they are within three years of age with each other and were involved in a relationship before employment at the school began.
Defenses to Sexual Offenses in Texas
A skilled defense attorney understands how to evaluate the facts and evidence and knows where to probe to find crucial information that can bolster a defense.
If you’ve been charged with a sexual offense, your legal team will conduct an independent investigation to understand the facts of the allegations in detail and gather every possible detail together that can help strengthen your overall defense to the charges.
Intent
Many sexual offenses require a specific state of mind as an element of the charges. If a prosecutor doesn’t have the evidence to show the proper degree of intent, the case should fail.
A capable sex crime attorney in Austin will argue that the requisite state of mind has not been met, even before the trial begins, to convince the prosecutor to drop the charges or to convince the judge to rule in the defendant’s favor on various pre-trial motions.
Consent
Arguing that the alleged victim consented to the sexual activity can be a powerful defense in sex crime cases. Consent is a critical element in many sex crime laws, and if the defense can demonstrate that the alleged victim willingly and knowingly participated in the sexual activity, it can undermine the prosecution's case.
Evidence of consent often includes communication records, witness testimonies, or any documentation supporting mutual agreement. It's important to note that certain circumstances, such as age or undue influence, can invalidate claims of consent under Texas laws.
Procedural Errors
Each criminal case is only as good as the evidence that law enforcement has gathered to support the charges of a criminal law violation.
Procedural errors can include improper search and seizure, failure to follow proper arrest protocols, or neglecting to advise the accused of their rights. Each of these missteps can significantly weaken the prosecution's case, leading to potential dismissal or acquittal.
If officers overstepped legal bounds to get evidence or disregarded crucial procedural safeguards in making an arrest, the result is often that the ill-gotten evidence must be excluded from trial. Without that evidence, a prosecutor may have no choice but to drop the charges.
Mistaken Identity
Many sexual assault cases are based on one person’s perception of what they believe to have happened. Mistakes can be made as to who was involved in the events of the moment, and it’s often possible to build a defense around alternative explanations that show that the accused was not the sex offender as the prosecutor has alleged.
Lack of Evidence
Challenging the prosecution's evidence or arguing that there is insufficient evidence to prove the defendant's guilt beyond a reasonable doubt is another common defense strategy. This may involve questioning the credibility of witnesses, challenging forensic evidence, or highlighting inconsistencies in the prosecution's case.
False Allegations
Alleging that the accusations are false or motivated by ulterior motives, such as revenge, jealousy, or manipulation, is a common defense in sex crime cases. This defense strategy may involve presenting evidence of the alleged victim's bias, contradictions in their statements, or other evidence suggesting that the allegations are not credible.
Consequences of a Sex Crime Conviction in Texas
A sex crime conviction can have a lasting and devastating impact on many areas of your life. Some potential criminal penalties for sex crime convictions in Texas include:
- Imprisonment: Sex crime convictions often carry significant prison sentences, ranging from several years to life imprisonment, depending on the severity of the offense. For example, sexual assault convictions can result in prison sentences ranging from 2 to 20 years or more, while convictions for aggravated sexual assault can lead to 25 years to life imprisonment.
- Fines: In addition to imprisonment, individuals convicted of sex crimes may also face substantial fines. These fines can amount to thousands or even tens of thousands of dollars, depending on the offense.
- Sex offender registration: Many sex crime convictions in Texas require mandatory registration as a sex offender. Registered sex offenders must provide personal information to law enforcement, which is then made available to the public through sex offender registries. This registration can have significant long-term consequences, including difficulty finding housing, securing employment, or even being barred from certain areas.
- Probation: In some cases, individuals convicted of sex crimes may be sentenced to probation instead of or in addition to imprisonment. Probation typically involves strict supervision and compliance with certain conditions, such as regular check-ins with a probation officer, attending counseling or treatment programs, and adhering to specific restrictions on behavior.
- Community supervision: Similar to probation, community supervision (also known as parole) may be granted to individuals convicted of sex crimes, allowing them to serve part of their sentence under supervision in the community instead of in prison. However, failure to comply with the conditions of community supervision can result in revocation and return to prison.
- Civil penalties: In addition to criminal penalties, individuals convicted of sex crimes may face civil lawsuits from victims seeking compensation for damages such as medical expenses, therapy costs, and pain and suffering.
Consequences also extend to social ostracism, relationship disruptions, and long-term professional impediments. Beyond legal penalties, the stigma attached to a sex crime conviction can irreparably harm one's current and future prospects. A conviction can result in the loss of a job, difficulty finding new employment, and damage to one's reputation. It can also lead to problems finding housing or obtaining professional licenses.
Get a Strong Defense Against Your Sex Crime Charges with Cofer & Connelly
If you’ve been charged with any type of sex offense, you need an Austin sex crime defense lawyer on your side. A conviction can leave you with damage to your reputation in the community and with the prospect of serving time behind bars and paying hefty fees and the potential requirement of sex offender registration.
This is no time to hope for a good result with a court-appointed attorney; you need the best criminal defense lawyer you can get to fight back. Contact Cofer & Connelly, PLLC today to schedule a consultation and learn how we can help.
Call (512) 991-0576 or reach us online today. We look forward to speaking with you.
Frequently Asked Questions: Sex Crime Lawyer Austin
What Are the Most Common Sex Crime Charges in Austin?
Some of the most common sex crime charges in Austin include sexual assault, public lewdness, and indecent exposure. These charges often arise in various contexts, from misunderstandings in social settings to more severe allegations involving violence or coercion. Understanding the specifics of each charge and the potential defenses is crucial in navigating the legal landscape effectively. Sexual assault typically involves allegations of coercive or non-consensual sexual contact, while public lewdness and indecent exposure might stem from less severe yet significant infractions involving inappropriate public behavior. Each charge carries different legal ramifications, and defending against them requires a nuanced understanding of Texas law and the ability to respond effectively to state prosecution strategies.
How Does Texas Law Define Consent?
In Texas, consent is defined as an agreement to engage in sexual activity that must be given freely and can be retracted at any point. It is essential to understand that consent involves an active process and cannot be assumed. Situations where consent is not deemed valid include scenarios involving minors, individuals who are impaired due to alcohol or drugs, or those under duress or coercion. Understanding these parameters is fundamental in both preventing unlawful actions and constructing a defense in sex crime allegations. Misinterpretations of consent can lead to serious legal consequences, making it vital for both parties involved to have clear and straightforward communication regarding sexual activities.
What Should I Do If I Am Accused of a Sex Crime?
If accused of a sex crime in Austin, it is critical to contact an attorney immediately. The legal system can be daunting, and early attorney involvement can help in collecting evidence, forming a defense strategy, and managing interactions with law enforcement. Refrain from discussing the accusations with anyone other than your legal counsel to avoid inadvertently damaging your defense. Isolation and stress are common during this time, so seeking emotional support from trusted, confidential sources is also advisable. Documenting any interactions and communications relevant to the accusation can also be beneficial if the matter progresses to trial. Cofer & Connelly, PLLC can provide comprehensive guidance through each step of the legal process.
Are There Alternative Sentencing Options for Sex Crimes?
In some instances, alternative sentencing options may be available for certain sex crimes in Texas. These can include probation, community service, or mandated attendance in rehabilitation programs or counseling. Eligibility for alternative sentencing often depends on factors such as the specifics of the offense, the accused's criminal history, and the circumstances surrounding the case. Participation in alternative sentencing programs can sometimes lead to reduced penalties or deferred adjudication, which allows offenders to avoid having a conviction on their record upon successful program completion. Prosecutors and judges in Austin may be willing to consider these alternatives, especially in cases where the accused demonstrates a commitment to rehabilitation and poses a low risk of re-offense.
