Houston Employment Harmful to Children Lawyer
Texas child labor laws seek to protect minors from exposure to dangerous or explicit employment settings. The crime of employment harmful to minors prohibits hiring or allowing minors to engage in work that could expose them to sexually explicit or harmful materials. Being accused of violating this statute can bring serious criminal charges and other significant legal consequences.
If you’re a business owner or employer charged with employment harmful to children in Texas, call the Law Offices of Ned Barnett today at (713) 222-6767. We offer free and confidential consultations to discuss your options, and we’ll fight to clear your name.
What Is Employment Harmful to Children Under Texas Law?
The legal foundation for employment harmful to children is found in Texas Penal Code Section 43.251:
“A person commits an offense if the person employs, authorizes, or induces a child to work:
(1) in a sexually oriented commercial activity; or
(2) in any place of business permitting, requesting, or requiring a child to work nude or topless.”
Under this law, a child is considered a person under 21 years of age, and “nude” is defined as a child who is “entirely unclothed or clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.”
What Counts as Employment Harmful to Children?
Employment harmful to children involves situations where a person under 21 is hired, permitted, or employed in environments or activities considered harmful or inappropriate.
Under this statute, some examples of “sexually oriented commercial activity” where children cannot work include massage establishments, nude studios or modeling studios, or other similar commercial enterprises which offer a service that is intended to provide sexual stimulation or sexual gratification to the customer.
In many situations, these charges result from undercover police busts at strip clubs or massage parlors employing underage workers.
Criminal Penalties for Employment Harmful to Children in Texas
Employment harmful to children can be charged as a first or second-degree felony in Texas. If the child involved is older than 14, you could face a second-degree felony carrying between two and 20 years in prison and a fine of up to $10,000.
If the child is under 14, the charge can be enhanced to a first-degree felony carrying a maximum sentence of life in prison and a fine of $10,000.
Additional Consequences of a Conviction for Employment Harmful to Children
In addition to criminal penalties, a conviction for employment harmful to children can have far-reaching consequences. You could face severe social stigma, damage to your reputation, and potentially the loss of your business license.
Defenses Against Employment Harmful to Children Charges
Defenses to charges of employing a minor in harmful activities under Texas law generally focus on the nature and context of the employment. If the minor was involved in an environment where no sexual or obscene content was present, this could serve as a defense, provided the employment did not violate other legal restrictions for minors.
A criminal defense attorney in Houston can assess the best potential defenses based on the specific circumstances of your case
How an Attorney Can Help with Employment Harmful to Children Charges
A skilled attorney is essential for defending against charges for employment harmful to children. A defense attorney can analyze evidence, identify weaknesses in the prosecution’s case, and work to dismiss or reduce charges.
An attorney can also advocate on your behalf, helping to negotiate alternative resolutions or reduced charges. A lawyer’s knowledge can be invaluable in navigating the complex legal landscape and ensuring your rights are upheld throughout the process.
FAQs about Charges for Employment Harmful to Children
What types of jobs are illegal for minors under this statute?
Jobs involving sexually explicit performances, work in adult entertainment venues, handling or distributing obscene materials, or engaging in sexually suggestive activities are illegal for minors under this statute. The law aims to protect minors from work that could expose them to harmful or explicit content.
Do I have to register as a sex offender if convicted?
No, being convicted of this offense does not currently require registration as a sex offender.
I only own the business and didn’t directly hire the child, can I still be charged?
Yes. Under Texas law, business owners can still be held accountable if a minor is employed in a harmful environment, regardless of whether they personally directed the minor’s participation. Business owners are responsible for ensuring compliance with laws regarding minors in the workplace, so if the employment involves explicit or harmful content, they may face charges.
I am not affiliated with the place of business; can I still be charged?
Yes, it’s possible to be charged even if you’re not affiliated with the business if you played a role in allowing or facilitating the minor’s participation in a harmful setting. For example, directing a minor for work involving obscene or explicit content, even outside of a business setting, can lead to charges under this statute.
I didn’t force the child to work nude or topless. Can I still be charged?
Yes, nudity or toplessness is not required for a charge under Texas Penal Code Section 43.251. Any employment that exposes a minor to sexually explicit or obscene content, regardless of whether the minor is nude, can still be considered harmful. Charges may apply if the minor is engaged in, or exposed to, inappropriate or explicit material or conduct within their work environment.
Facing Charges for Employment Harmful to Children? Call the Law Offices of Ned Barnett
Employment harmful to children is a serious offense with significant legal and personal consequences in Texas. If you or a loved one is facing these charges, the Law Offices of Ned Barnett defend your rights and pursue a favorable outcome.
Contact our law firm today or call (713) 222-6767 to schedule a confidential consultation, where we can review your case and explore your legal options together.