Houston Sexual Performance by a Child Defense Attorney
Being accused of a sex crime involving a child can have serious implications, impacting a person’s life, job, and reputation greatly. In Texas, it is a criminal offense to engage with a minor in sexual activity of any kind. This includes sexual performance by a child, which is a specific criminal charge in the state. Those convicted of this crime can face jail time or steep financial penalties. Fortunately, it is possible to minimize the negative outcomes of these accusations with the help of an experienced attorney.
At the Law Office of Nathaniel Pitoniak, we represent individuals facing sex crime charges in the state of Texas. We understand the fear and anxiety felt by those accused of sex crimes involving children and we work diligently to overcome these accusations as quickly and judiciously as possible. If you or a loved one is facing sexual performance by a child charges, it is essential to seek legal counsel as soon as possible. For a consultation, consider contacting our Houston office at (832)315-6283 today.
What is Considered Sexual Performance by a Child?
To those unfamiliar with the legislation on this crime, it can be difficult to differentiate which acts are considered sexual performance and which are not. Sexual performance is defined to include a wide variety of activities, making it important to fully understand the law if you are facing accusations.
Under Section 43.25 of the Texas Penal Code, sexual performance of a child involves any performance, or part thereof, that includes sexual conduct by a child. In Texas, a child is a minor younger than 18 years of age. The law goes further, defining what is considered sexual conduct and what is considered a performance in the state:
- “Sexual conduct”is legally defined as any sexual contact, actual or simulated sexual intercourse, sado-masochistic abuse, masturbation, or lewd exhibition of the genitals, anus, or breast.
- “Performance” is legally defined as any play, movie, photograph, dance, or other visual representation that can be presented in front of an audience of one or more persons.
A person can be found guilty of sexual performance by a child if they employ, authorize, or incite a child to engage in sexual conduct or a sexual performance. Moreover, a parent or legal guardian of a child can commit the offense if they consent to the participation by the child in a sexual performance. It is also a criminal offense if a person, upon understanding the character and content of the material, produces, directs, or promotes a performance that includes sexual conduct by child.
What are the Penalties Associated with Sexual Performance by a Child Charges?
Being convicted of sexual performance by a child can result in severe, life-altering penalties. According to Texas law, the penalties associated with this crime depend largely on the circumstances of the case. Regardless, sexual performance by a child is a felony offense in the state of Texas.
Section 43.25(c) of the Texas Penal Code states that in situations where a person employs, authorized, or induces a child to engage in sexual conduct or a sexual performance, the offense is considered a second-degree felony. An offense is considered a felony of the first degree, however, when the victim is younger than fourteen years of age. This is true regardless of whether the accused perpetrator knew the age of the victim at the time of the offense.
In cases where a person knowingly produces, directs, or promotes a performance that includes sexual conduct by a child under the age of 18, the offense is considered a felony of the third degree. If the victim was under the age of 14 at the time of the offense, however, the charges elevate to a felony of the second degree.
Texas Penal Code Sections 12.32, 12.33, and 12.34 set forth the penalties associated with each degree of felony offense, which include:
- For felonies of the first degree: a maximum of 99 years in prison and a minimum of 5 years, as well as a fine of up to $10,000.
- For felonies of the second degree: a maximum of 20 years in prison and a minimum of 2 years, as well as a fine of up to $10,000.
- For felonies of the third degree: a maximum of 10 years in prison and a minimum of 2 years, as well as a fine of up to $10,000.
In addition to these penalties, those convicted under a sexual performance by a child charge may be required to register as a sex offender for life. This can impact where a person can live, how they obtain employment, and how they are viewed within their community.
Common Defenses to Sexual Performance by a Child Charges
Facing accusations of a sex crime involving a child can leave a person feeling demoralized and hopeless. This is largely due to the societal condemnation that often comes with such accusations. There are several defenses that the Law Office of Nathaniel Pitoniak has effectively used to defend against sexual performance by a child charges. Some of the most common defense strategies that may apply to your case include:
- Relation to child: If the accused individual was the spouse of the child at the time of the offense, this is an affirmative defense to prosecution.
- Reason for content: If the content was produced for educational, medical, psychological, psychiatric, judicial, legal, or legislative purposes, the charges may be dismissed or lowered.
- Age at the time of offense: If the accused individual is not more than two years older than the victim, this can be a viable defense against charges.
- Eyewitness credibility: There are many reasons why someone may bring about false allegations or offer an untrue eyewitness account of the crime. Discrediting eyewitnesses can be a highly effective defense strategy available in these cases.
We Represent Individuals Facing Sexual Performance by a Child Charges
At the Law Office of Nathaniel Pitoniak, a central focus of our practice is defending those accused of sexual performance by a child and other sex crimes involving minors. By leveraging our years of experience and breadth of knowledge, we are able to achieve better outcomes for our clients. If you are facing criminal charges, seeking legal counsel can greatly benefit your case. Consider contacting our Houston office at (832) 315-6283 to learn more about how we can uphold your rights under the law.
