The Texas criminal offense of sexual performance by a child carries significant legal consequences if convicted. Understanding this area of law is essential for anyone facing charges. Our team of criminal defense attorneys can provide clarification on Texas’ sexual performance by a child, the potential penalties and defenses, and the role of a defense attorney in these types of cases.

If you're confronted with sexual performance by a child charges, it is important to safeguard your rights. Cofer & Connelly, PLLC, possesses extensive experience in defending Texans in cases involving sex offenses. You can place your trust in our team to offer you the necessary guidance and legal representation in these types of matters.

To schedule a consultation with a Cofer & Connelly, PLLC, sex crime attorney, you may contact us online or call (512) 991-0576.

Texas Law on Sexual Performance by a Child

Under Texas Statutes Section 43.25, it is illegal to make, direct, or promote any visual material that shows a child engaging in sexual conduct. "Sexual performance by a child" is any act or show involving a child under 18 years that includes sexual conduct. "Sexual conduct" covers a range of activities. It encompasses the display of genitals, the anus, or the female breast below the top of the areola, as well as sexual contact, sexual intercourse, sexual bestiality, deviate sexual intercourse, masturbation, and sado-masochistic abuse.

A "performance" under Texas law could mean plays, movies, photographs, dances, or any visual representation that can be shown to an audience, regardless of the audience's size. "Produce" in this context means contributing in any direct way to the creation of a performance. "Promote" encompasses a range of actions, including procuring, manufacturing, selling, distributing, presenting, or advertising these performances, as well as other related activities.

What Elements Are Necessary for Conviction?

Now, for a person to be convicted, certain conditions must be met. If someone, knowing what the performance entails, causes or persuades a child under 18 to participate in sexual conduct for a performance, that's an offense. This also applies to parents or guardians who allow their child to take part in a performance.

An important aspect of this law is the determination of the child's age, as the offense's severity can depend on this. The child’s age can be established in several ways: direct inspection of the child, examination of the relevant photographs or videos, witness testimony about the child's appearance, expert medical opinion, or any other legally approved method. It's important to understand that a person can be found guilty under the law regardless of whether they knew the child's actual age at the time of the offense. 

So, to convict someone of this offense, it must be proven that they knowingly involved a child in this kind of performance, either by causing, promoting, or allowing it.

Penalties for Sexual Performance by a Child

First-Degree Felony

If the victim is younger than 14 at the time of the offense, the crime is a first-degree felony, regardless of whether the perpetrator knew the victim's age. The penalty for a first-degree felony includes imprisonment for 5 to 99 years or life, with a possible fine of up to $10,000. In cases of aggravated sexual assault, there's a minimum 25-year imprisonment if the victim is under 6, or under 14 with threats or use of a deadly weapon.

Second-Degree Felony

If the offense does not meet the criteria of a first-degree felony but still involves a child younger than 18 in sexual performance, it is classified as a second-degree felony. The potential punishment is 2 to 20 years imprisonment, along with a fine of up to $10,000.

Third-Degree Felony

If a person produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18, and the victim is not younger than 14, the offense is a third-degree felony. This can result in imprisonment for 2 to 10 years and a fine of up to $10,000.

Sex Offender Registration for Child Sex Crimes

In Texas, if you're convicted for sexual performance by a child, you must register as a sex offender. Typically, those who are convicted of this offense must register for life. It's important to note that this requirement isn't limited only to a conviction; it also includes deferred adjudications, where you may have pled guilty or no contest in exchange for meeting certain conditions set by the court. Once you're required to register, you need to provide detailed personal information to the local law enforcement authority, which includes your name, address, and details of your offense. This registration is not a one-time event; you're required to regularly update your information, including any changes in residence or employment. Failing to register or update your details can lead to severe legal consequences, including additional felony charges. 

Specific Defenses to Sexual Performance by a Child Charges

Spousal Relationship

If you were the spouse of the child at the time of the offense, this can be a valid defense. This recognizes the legal status of marriage, even if one party is under 18.

Legitimate Purpose

If the conduct was for a bona fide educational, medical, psychological, psychiatric, law enforcement, judicial, or legislative purpose, it can be a defense. For instance, if the actions in question were part of a medically approved treatment or an educational program, this defense might apply.

Age Proximity

If you are not more than two years older than the child, it might serve as a defense. This is particularly relevant in situations where both individuals are close in age and possibly engaged in consensual activities.

It's important to discuss these defenses in detail with your attorney to see how they might apply to your specific situation.

Role of a Sexual Performance by a Child Lawyer in Austin

As a person charged with sexual performance by a child, it’s essential to understand how a criminal defense lawyer can assist you. Your lawyer will first help you understand the charges against you and explain the legal process. They will examine the evidence, identify any weaknesses in the prosecution's case, and develop a defense strategy. This may involve challenging the credibility of witnesses, or employing any of the defenses if they apply to your case.

Your lawyer will also represent you in all legal proceedings, negotiate on your behalf, and ensure that your rights are protected throughout the process. If your case goes to trial, your lawyer will argue on your behalf, cross-examine witnesses, and strive to achieve the best possible outcome.

Frequently Asked Questions About Sexual Performance by a Child

• What is sexual performance by a child? 
  Sexual performance by a child includes any sexual act or display involving a person under 18.
• What are the legal consequences of a conviction?
  Consequences include fines and imprisonment, with severity depending on factors like the child's age.
• Does it matter if I didn't know the child's age?
  In most cases, not knowing the child's age does not exempt someone from charges.
• What is considered 'promoting' sexual performance by a child?
  Promoting includes actions like distributing, exhibiting, or advertising the performance.
• Is consent from the child a valid defense?
  No, a child’s consent is not a valid defense due to their age.
• What should I do if I'm charged with this offense?
  Consulting a sex crime defense attorney is a major step in handling these charges.

Contact Our Austin Sexual Performance by a Child Attorneys Today!

Charged with sexual performance by a child? It’s important to act quickly to protect your rights. At Cofer & Connelly, PLLC, we are experienced in defending Texans in sex offense cases of all levels of severity. You can trust our team to provide you with the guidance and representation you need in serious sex crime cases. For a consultation with a Cofer & Connelly, PLLC sex crime lawyer, contact us online or call (512) 991-0576. We’re here to help you get through this challenging point in your life.