This law states that any minor which is any person years-old or younger commits a crime if he or she intentionally and knowingly:. Texas law does give teenagers a break. If the material only shows the sender or another minor who is not more than two years older or younger than the sender, and these two individuals are in a dating relationship at the time, it is not a crime.
- Texas Age of Consent & Statutory Rape Laws.
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For example, if a year-old girl were to send a nude photograph to her year-old boyfriend, this would not be an offense. However, if the year-old girl was dating someone older than 18 and sent him a nude photograph, or if she sent the picture to someone who was not her boyfriend, it would be a crime. The possession or promotion of child pornography occurs if an individual knowingly or intentionally possesses or knowingly or intentionally accesses with the intent to view:.
Sex with a Minor in Texas - Penalties | Houston Criminal Defense Attorney Ned Barnett
An individual can also be found guilty of violating this statute if they know the material depicts a child. As a result, someone who is years-old can have a consensual sexual relationship with someone older, yet not necessarily be able to send that person sexual images. While a year-old boy or girl can legally consent to sexual activity, and can legally send sexually explicit images to a boyfriend or girlfriend within two years of their own age, they cannot send sexual images to adults years-old or older.
This could lead to an offense for both the teen and adult. Depending on the statute you allegedly violated, you face several different statutory and collateral consequences.
However, if a minor sent the pictures to harass, embarrass, abuse, or offend someone, then the offense may be enhanced to a class B misdemeanor. The statutory penalties for this crime are:.
Statutory Rape: The Age of Consent
There may be defenses for individuals charged with possessing or transmitting sexual depictions of other minors, including:. While these defenses are not absolute, they may at least reduce the sentence you face if convicted. To learn more about the possible defenses in your sexting case, call a Houston child sex crimes lawyer today for help. The penalties for child pornography or possessing or transmitting sexual material of a minor can leave someone with a permanent criminal record.
Attorney Ned Barnett has more than 30 years of experience as both a prosecutor and a criminal defense attorney. He knows the ins and outs of Texas law and how a prosecutor will likely address your case. He will build a strong defense on your behalf, and aggressively advocate for you in court. However, unlike other states, there is a provision that specifically states that the close-in-age exception does not apply to people who are required to register for life as sex offenders.
What Is the Age of Consent?
If you have sex with someone under 17 years old and are not married to him or her, you might be charged with indecency with a child, which is a second degree felony. If you have sex with someone younger than 14 years old then that can be considered aggravated sexual assault and is a felony in the first degree.
Punishment for a second degree felony can range from 2 to 20 years, while punishment for a first degree felony can range from 5 years to life. If you have been accused of statutory rape you should speak with a lawyer immediately. Don't be added to a sexual predator list - find an experienced criminal defense attorney who will be able to advise you of your rights, help you with a defense, and advise you as to what options may be open to you.
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- What is the Age of Consent for Sex in Texas?.
- Ages of consent in the United States - Wikipedia!