Statutory Rape in Texas

Colorado Dui Laws First Offense - Statutory Rape in Texas

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Statutory Rape, or Sexual strike of a Child, as it is called in Texas, is a serious, felony offense under the Texas Penal Code. If the alleged child victim is under the age of 14 years old, it is a 1st degree felony punishable by 5 to 99 years in prison for each Count in the Indictment. If the alleged child victim is between the ages of 14 years old and 16 years old, then the crime is a 2nd degree felony, punishable by 2 to 20 years in prison for each Count in the Indictment.

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Colorado Dui Laws First Offense

We have all heard the nightmare stories. A 25 year old male, whom we will call Alan, goes to a friend's party and hooks up with a willing, very engaging woman who says she's 18 years old. They transfer phone numbers and begin a sexual association with quarterly communications by text, computer or phone. The "woman" sends Alan, just for fun, topless photos of herself. Alan keeps the photos on his computer or cell phone, never suspecting they are verily child pornography. Soon after, Alan receives a frantic phone call from the "woman," who says her parents have found out about him and she's verily only 14 years old. Shortly thereafter, Alan receives a call from a Police Detective wanting to hear "his side of the story..."

Alan now faces serious sex offense charges. Here are some of the many legal issues to keep in mind:

* A child does not become an adult in Texas, for purposes of the Sexual strike of a Child and Indecency with a Child crimes, until the age of 17 years old. For other sexual-related offenses, together with Sexual performance of a Child and Child Pornography, the adult age is 18 years old (versus 17 years old).

* Not knowing the child's real age is not a defense in Texas to child sexual crimes. In other words, the alleged victim could have lied about her age to the Defendant, via an internet chat site or in person, and the Defendant will still face criminal charges for sexual strike of a child or online solicitation of a minor, among many other crimes.

* The alleged victim's willing consent to the sexual association is not a defense, unless the alleged victim is 14 years old or older and there is only a 3 year (or less) gap between the age of the alleged victim and the Defendant.

* Only one eye-witness, the alleged victim, is enough for conviction in Texas, so long as the jury believes the alleged victim beyond a cheap doubt.

* Neither Dna nor genital trauma is required for a conviction in Texas.

* Voluntary intoxication by the Defendant is not a defense. For example, if a Defendant gets drunk at a party and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of statutory rape.

* Each isolate sexual act can be separately expensed within one indictment and, should there be a conviction, each Count can be stacked, or served consecutively.

There are many other legal issues which come into play with these types of sexual crimes. If person is expensed with statutory rape, child pornography, or any type of sex crime, it is very leading to hire an experienced attorney who is well-versed in Texas sex crimes.

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