Sex Crimes Criminal Defense Lawyer

If you are being investigated for, accused of, or charged with a sexual offense, you should not speak to anyone without speaking to a criminal defense lawyer first to learn your rights. Sex crimes can be extremely sensitive, delicate and complicated. Most require immediate, extensive investigation. It is critical to hire a sexual crimes lawyer as soon as possible. Usually time is of the essence for one seeking criminal defense representation for a sex crime or computer-based sex offense. It is important to immediately begin gathering evidence before it is corrupted and to develop a strategy tailored to your particular legal case. Contact David Kiatta, and experienced sex crimes ciminal defense lawyer to schedule a free one-hour legal office visit at (713) 785-8005.

Sexual crimes include many offenses such as online solicitation of a minor, rape, aggravated sexual assault, indecency with a child, indecent exposure, promotion of prostitution, child pornography and more. Many of these offenses can keep you in prison for life or require you to register as a sex offender. It is crucial that you get the legal representation of an experienced criminal defense lawyer. Contacting a lawyer in Houston as soon as possible can protect you from an unwanted result.

Sex Offender Registration - Many sex crime offenses require people to register as a “sex offender.” The length of registration can vary from ten years to life. Those required to register as a sex offender will face many obstacles long after they are released from confinement or complete community supervision. Also, sex offenders are often required to register when they travel to other counties outside of Fort Bend County, Harris County or Wharton County on a temporary basis. If you don’t want to be labeled as a sex offender or sexual predator, then contact criminal defense lawyer David Kiatta who has experience in defending those accused of sex crimes.

Sex Offender Registration

Many offenses require people to register as a “sex offender.” The length of registration can vary from ten years to life. Those required to register as a sex offender will face many obstacles long after they are released from confinement or complete community supervision. Also, sex offenders are often required to register when they travel to other counties oustside of Fort Bend County, Harris County or Wharton County on a temporary basis. If you don’t want to be labeled a sex offender or sexual predator, then contact attorney David Kiatta, who has experience in defending those accused of sex crimes.

False Accusations

False accusations are very common in sexual crimes. Whether the allegation is by a child or an adult, it is extremely difficult to overcome. If you find yourself the victim of false sexual crime accusations, contact criminal defense lawyer David Kiatta in Sugar Land, Fort Bend County.  Many people charged with a sex crime are innocent. Defending your side requires courtroom experience and knowledge of sex crime investigations.  Being innocent isn’t always enough when the alleged sex crime victim tells an emotional or rehearsed story to the police, prosecution and the jury.  Emotionally troubled people, as well as legal custody battles, can often lead to false allegations of sexual abuse.

Child Pornography

The Internet is a common method for sending and obtaining child pornography. Child Pornography is illegal and prosecuted with a vengeance. If accused of sex crimes involving child pornography, you must have an experienced and effective criminal defense lawyer that has experience in defending against child pornography accusations.

Generally, Child Pornography is defined as a visual depiction of sexually explicit conduct that involves a minor or an identifiable minor. A minor is any person under the age of 18. An identifiable minor is someone who was a minor when the image was created. This includes images used to create the depiction of sexual activity (for example, by digitally editing a picture). The definition of sexually explicit conduct includes sexual intercourse, masturbation, bestiality, sadistic or masochistic acts, or the lascivious exhibition of the genitals or pubic area. Federal law prohibits the possession, importation, mailing, or transmission of child pornography.

Texas makes possession of Child Pornography a crime in Penal Code section 43.26. Possession is punishable from 2 to 10 years in prison. Promoting or possessing with intent to promote child pornography is punishable from two to twenty years in prison.

Online Solicitation of a Minor

Generally this is when a person who is 17 years of age or older commits an offense, over the Internet, by electronic mail, text message or other electronic message service or system, or through a commercial online service by intentionally communicating in a sexually explicit manner with a minor. It can also be considered an offense if a person distributes sexually explicit material to a minor; or knowingly solicits a minor to meet another person with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

Continuous Sexual Abuse of a Child or Children

A person commits a sex crime offense if during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims and, at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.  The range of punishment is between 25 to 99 years or life in prison.

An "act of sexual abuse" can be any of the following: 

  • aggravated kidnapping if the actor committed the offense with the intent to violate or abuse the victim sexually
  • indecency with a child if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child
  • sexual assault
  • aggravated sexual assault
  • burglary under Section 30.02, if the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4)
  • sexual performance by a child
  • trafficking of persons
  • compelling

Sexual Assault or Rape

Texas generally defines Sexual Assault as intentionally or knowingly causing  the penetration of the anus or sexual organ of another person by any means, without that person's consent; or causing the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent;  or causing the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;  or causing the penetration or contact of the anus or sexual organ of a child by any means; or causing the penetration of the mouth of a child by the sexual organ of the actor; or causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person.

Sexual Assault is typically a second degree felony. The range of punishment is between 2 to 20 years in a Texas state prison and/or a fine of up to $10,000. However, this sex crime may be elevated to a first degree felony if the victim was a person whom the defendant was prohibited from marrying or was prohibited from living under the appearance of being married to the victim.

For purposes of Texas sexual assault law, a "child" is a person younger than 17 years of age. The act is considered to have been without the victim's consent if physical violence was threatened or used in order to get the victim to submit or participate to the defendant's actions or if the victim is physically unable to resist or appreciate the nature of the act being performed, there is a lack of consent.

Aggravated Sexual Assault uses the same definition of Sexual Assault and usually is when either a deadly weapon is used or exhibited of the alleged victim is younger than 14 years old.  Aggravated Sexual Assault is a first degree felony with a range of punishment is between 5 to 99 years or life in a state prison and/or a fine of up to $10,000.  The minimum prison sentence may be 25 years in the event that the victim is younger than 6 years of age when the crime was committed or if the victim is younger than 14 and the defendant engages in such violent conduct as to raise the sexual assault of an adult to aggravated sexual assault.

Indecent Exposure

Indecent exposure makes it a crime to intentionally or knowingly display one's genitals in public, causing others to be alarmed or offended.  

Prostitution

Prostitution makes it a crime to solicit, offer, agree to, or engage in a sexual act for a fee.

 

Contact criminal defense lawyer David Kiatta via email (david@kiatta-law.comor call his office to schedule a free, one hour, office visit at (713) 785-8005. David is an attorney in Fort Bend County, Harris County, Galveston, Wharton, Victoria, Jackson and across Texas.