What is Deviate Sexual Intercourse in Texas?

While some Texas sex crimes like sexual assault and child pornography are commonly understood, others aren’t as recognizable. For example, deviant sexual intercourse charges can come as a serious shock to the accused. However, it’s important to understand what’s being alleged if you are to defend yourself.

If you find yourself charged with deviate sexual intercourse or any sex crime in Houston, you need an experienced and committed defense lawyer pursuing the best possible outcome. To that end, call the Law Offices of Ned Barnett at (713) 222-6767 for a free and confidential consult.

Let us review the facts, explain your charges, walk you through what to expect, and how we can help.

Deviate Sexual Intercourse Charges

Under Texas law, deviate sexual intercourse is:

• Any contact between the genitals of one person and the mouth or anus of another
• The penetration of the genitals or anus of one person by an object

While its description on its own seems a little outdated, deviate sexual intercourse in the first degree occurs when the other person was unaware of the contact or when the instigator removes the other’s ability to consent through drugs, alcohol, or other intoxicants.

In addition, if deviate sexual intercourse involves a child it increases its felony class and involves even harsher penalties.

Deviate Sexual Intercourse Penalties

Deviate sexual assault has harsh penalties if convicted. Typically, it is charged as a second degree felony, but deviate sexual intercourse becomes a first degree felony if the victim is under 13, under 16 and the offender is more than 4 years older, or someone protected under Texas’ laws against incestuous relations.

• As a first degree felony, deviate sexual intercourse means between 5 and 99 years in prison, possibly a life sentence, and fines as high as $10,000.
• A second degree felony for deviate sexual intercourse means between 2 and 20 years in prison and fines up to $10,000.

Additionally, those convicted must register as sex offender, which affects offenders for the rest of their lives. Sex offender registration puts limits on where you can live, work, and who you can have contact with. The sex offender registry is also publicly available to anyone interested.

Deviate Sexual Intercourse vs. Other Sex Crimes

Deviate sexual assault convictions are severely penalized in Texas, particularly if it is a first degree felony. It is in line with offenses like aggravated sexual assault, but more serious than charges like child pornography. Child pornography, for instance is a third degree felony with lower prison requirements.

Why You Need an Attorney

What Texas law considers deviant sexual assault can be difficult to define, but people find themselves facing terrible accusations every day. it can be tempting to try and explain what you think is just misunderstanding yourself, but this is usually a mistake. You may end up hurting your case or implicate yourself in some other crime by making statements without a lawyer.

These cases are complicated and sensitive, which is why even an accusation should be addressed by an experienced lawyer. With proper legal representation you can safely present your side of the story, limit impropriate evidence from being used against you, and highlight serious flaws in the case against you. This can result in avoiding formal charged, a reduction to something more in line with the facts, a compete dismissal, or fighting to clear your name in court.

Contact the Law Offices of Ned Barnett Today

At the Law Offices of Ned Barnett, we have substantial experience in handling sex crime accusations and charges. We know how important it is to protect your rights and if you are facing deviate sexual intercourse charges, do not wait any longer.

Call (713) 222-6767 or contact us online to set up a free consultation.