Houston Sexual Performance by a Child Lawyer
Sexual performance by a child is a serious offense under Texas law aimed at protecting minors from exploitation and abuse. This charge encompasses a range of activities involving children and sexual content, recognizing the vulnerability of minors.
If you’ve been charged with sexual performance by a child in Houston, call the Law Offices of Ned Barnett today. We offer free, confidential consultations where we’ll discuss your case and explain your legal options.
Call (713) 222-6767 today or contact us.
What is Sexual Performance by a Child Under Texas Law?
Under Texas Penal Code Section 43.25, sexual performance by a child refers to the involvement of a minor in any sexual conduct intended for a sexual purpose, including acting, producing, or distributing sexually explicit content.
This encompasses a wide range of activities, such as performing sexual acts in front of an audience, engaging in sexual performances for commercial gain, or being depicted in sexually explicit materials. The law applies to anyone who contributes to these performances, whether through direct participation or by facilitating the creation or distribution of such content.
What Counts as Sexual Performance Under the Law?
Here are examples of scenarios and conduct that could result in charges for sexual performance by a child:
Encouraging Minors to Perform Sexual Acts for an Audience
If an adult encourages or coerces a minor to engage in sexual activities in front of an audience, whether live or recorded, it violates the statute. This can occur in person or over the internet, where the minor may be pressured to perform for viewers.
Producing or Directing Explicit Content with Minors
Directing or producing media content involving minors in sexual roles or acts, even if intended for fictionalized “adult” scenarios, is illegal. This includes directing minors to simulate sexual activities or act in a way that implies explicit content.
Coercing Minors into “Live Streaming” Sexual Content
The use of live-streaming technology to exploit minors is also a violation. An adult who pressures or instructs a minor to engage in sexually suggestive or explicit acts over a live stream, even if they are not physically present, is committing a crime under this statute.
Criminal Penalties for Sexual Performance by a Child in Houston
The penalties for engaging in sexual performance by a child can be severe. The charge can be a third-degree felony if a person knowingly produces, directs, or promotes sexual performance by a child under the age of 18; a conviction can carry between two and 20 years in prison and a $10,000 fine.
Typically, however, this offense is classified as a second-degree felony, which can result in significant prison time, ranging from 2 to 20 years, along with hefty fines that can reach up to $10,000.
If the offense involves certain aggravating factors, such as previous convictions or the use of a child in a sexually explicit manner for commercial purposes, the penalties can escalate further. If the victim is under 14 years old, the charge can be elevated to a first-degree felony carrying between five and 99 years in prison, as well as a maximum fine of $10,000.
Additional Consequences of a Conviction for Sexual Performance by a Child
A conviction for sexual performance by a child not only results in criminal penalties but also leads to serious long-term consequences. One of the most significant repercussions is the requirement to register as a sex offender, which can severely limit housing and employment opportunities and lead to social stigma.
Defenses Against Sexual Performance by a Child Charges in Texas
There are several potential defenses that can be employed in cases involving charges of sexual performance by a child, such as:
- Valid marriage at the time of performance: Texas law allows marriage as a defense if the defendant and child were legally married at the time of the alleged performance. This does not apply if they married afterward.
- Educational, medical, or other authorized purposes: Conduct involving minors may be permissible if it serves a genuine educational, medical, psychological, judicial, law enforcement, or legislative purpose.
- Age proximity (“Romeo and Juliet” defense): Texas law provides a “Romeo and Juliet” defense if the defendant is no more than two years older than the minor involved in the alleged performance.
- Challenging eyewitness credibility: Eyewitness testimony can sometimes be unreliable due to various factors, including memory issues, personal biases, or misunderstandings. In some cases, false accusations are made intentionally. Discrediting these testimonies may be an effective defense if inconsistencies are found.
How an Attorney Can Help Fight Sexual Performance by a Child Charges
An experienced sex crime attorney in Houston is essential if you’re facing charges of sexual performance by a child. A lawyer for sexual performance by a child charges can offer invaluable support by assessing your case, identifying weaknesses in the prosecution’s evidence, and developing a tailored defense strategy.
Your attorney can gather and analyze evidence, such as witness statements and documentation, to support defense. Your lawyer will also represent you in court, presenting your case effectively and ensuring your rights are protected throughout the process.
Frequently Asked Questions about Sexual Performance by a Child Charges
Can I be charged if I didn’t know the person was under 18?
A lack of knowledge regarding the minor’s age can sometimes be a defense, but it is not always accepted by the court. Individuals charged with these offenses should consult with an attorney to determine if lack of knowledge may be a viable defense in their specific case.
What if the child consented to the performance or photos?
Under Texas law, a minor’s “consent” to participate in a sexual performance is not legally valid. The law is designed to protect minors, who are deemed unable to consent to such acts, regardless of their willingness to participate.
Will I have to register as a sex offender if convicted?
Yes, a conviction for sexual performance by a child generally requires mandatory registration as a sex offender. This registration has lasting consequences, affecting housing, employment, and social interactions.
Charged with Sexual Performance by a Child? Call the Law Offices of Ned Barnett
Being convicted of a sex crime can change your live, particularly for offenses like sexual performance by a child that require sex offender registration. If you or a loved one is facing these serious charges in Texas, the Law Offices of Ned Barnett can help.
Our skilled Texas criminal defense attorneys are committed to protecting your rights and providing the support you need during this challenging time. Call us today at (713) 222-6767 to discuss your case and explore your defense options in a free consultation.