Texas Penal Code Ch 21 – Sexual Offenses

If you have been arrested for a violation of Texas Penal Code section 21.08, you may be charged with a misdemeanor, second-degree felony, third-degree felony, or a state jail felony. The Law Offices of Randall B. Isenberg at 214-696-9253 can help you mount a defense if you have been charged with a sex crime and received a misdemeanor for an offense. Offenses include prostitution, solicitation, lewd conduct, disorderly conduct, possession of child pornography, or indecent exposure.

In many of these cases, law enforcement may have used tactics that are unfair or discriminatory, such as entrapment. Our goal is to make sure that your rights are protected, and your reputation remains intact.

If you have been charged with lewd conduct or indecent exposure, you committed a misdemeanor offense. But additional convictions can result in a felony conviction and mandatory sex offender status, affecting your job, family, and reputation. Regardless of the charge, it is important to fight even the smallest sex crime since some crimes can be charged as felonies if you have been convicted of the same offense more than once.

Sealing Your Criminal Sex Offense Records

Expungement of your record, or sealing your record, for minor sex crimes is possible if the crime was committed a long time ago and did not involve violence. Your record can also be sealed if the victim was fifteen years old and the offender was not more than four years older or if the interaction between the parties was consensual. You may also have the option of taking an individual risk assessment and asking the court for early termination.

For certain sex crime felonies, there is no statute of limitations under Texas law, so you are able to file charges against an individual at any time. For the least severe sex crime of indecent exposure, a violation of Texas Penal Code section 21.08, you can be charged with a Class B misdemeanor and punished by serving up to six months in jail and paying a fine of $2,000.

Entrapment of Individuals

On some occasions, vice officers have encouraged individuals by engaging in provocative behavior to trap them into committing lewd acts. To determine if entrapment occurred, the state may ask if the conduct by the police would have caused a reasonable person under the same circumstances to commit the offense. This is called an ‘objective’ test. In a ‘subjective’ test, the police officer’s intention and the defendant’s state of mind is considered before a crime is charged.

Police officers have also been accused of inducing an individual to commit a crime by lying about certain facts or using false names or identities to lure someone into committing a lewd act. Regardless of the circumstances, the Law Offices of Randall B. Isenberg at 214-696-9253 know the sensitive nature of sex crimes and we will protect your rights and work to restore your reputation.

As a former State District Trial Judge and Senior Chief Felony Prosecutor with over thirty years of experience, Mr. Isenberg and his team can develop a strong and effective defense to get you a favorable outcome. For example, we may be able to convince the state to dismiss the charges, negotiate a plea deal for a lesser charge that has reduced penalties, take your case to court, or plead guilty and work with the judge for a reduced sentence.

Penalties for Prostitution

The penalties for prostitution are:

  • Class B misdemeanor penalties may include up to 180 days in jail and a fine of not more than $2,000;
  • Class A misdemeanor penalties may include up to one year in jail and a fine of not more than $4,000;
  • A fourth conviction can be charged as a state felony and you may face 6 months to 1 year in a state jail and a fine of not more than $10,000; and,
  • If the person you had sexual activity with was under 18 years of age, you may face a second-degree felony with penalties of 2 to 20 years in prison and $10,000 in fines for the first offense.

If you have been charged with a minor sex crime in Texas for violating Texas Penal Code section 21.08 and are facing serious penalties if there is a conviction, call the Law Offices of Randall B. Isenberg at 214-696-9253 and let us review the case against you. We will protect your rights and fight to restore your good name and reputation.

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