Accused of a Sex Crime in Texas: Here’s What to do Next

 Posted on February 10, 2025 in Criminal Defense

Being accused of a sex crime in Texas is a life-altering event. At Barbieri Law Firm, we understand the fear, uncertainty, and urgency you're experiencing. With your reputation, freedom, and future on the line, taking immediate and strategic action is crucial. Our fearless advocates are here to guide you through this challenging time and provide the relentless defense you need.

What Constitutes a Sex Crime in Texas?

Sex crimes in Texas cover a broad range of offenses under the Texas Penal Code. Some of the most common include:

• Sexual Assault (Texas Penal Code § 22.011) - This involves engaging in non-consensual sexual activity through force, coercion, or manipulation

• Indecent Assault (Texas Penal Code § 22.012) - Involves unwanted sexual contact without consent, often categorized as a lesser offense than sexual assault but still carrying significant penalites.

• Indecency with a Child (Texas Penal Code § 21.11) - Engaging in sexual contact or exposure to a minor under the age of 17, regardless of whether the person knew the child's age.

• Solicitation of Prostitution (Texas Penal Code § 43.02) - The act of engaging in or soliciting sexual conduct for compensation, which can involve complex legal issues, including coercion and human trafficking elements.

• Trafficking of Persons (Texas Penal Code § 20A.02) - The exploitation of individuals, including forcing them into commercial sex acts through coercion, fraud, or force.

• Aggravated Sexual Assault (Texas Penal Code § 22.021) - Involves non-consensual sexual activity with aggravating factors such as the use of a weapon, serious bodily injury, drugging the victim, or assaulting a child, elderly, or disabled person.

Online Solicitation and Internet-Based Crimes

In today's digital age, online sex crimes in Texas, including the solicitation of minors, have become a major legal concern. Texas law takes these allegations seriously, with charges including grooming, online solicitation, possession or promotion of child pornography, and enticing minors for illegal activities. Under Texas Penal Code §33.021 and §43.26, online solicitation or child pornography charges can result in severe penalties, including lengthy prison sentences, substantial fines, and mandatory sex offender registration. Defending against these accusations is complex, as cases often involve digital forensics, internet activity logs, and extensive prosecution resources. At Barbieri Law Firm, we leverage expert testimonies, digital forensic analysis, and deep legal knowledge to challenge the prosecution's evidence and build a strong defense for those accused of online sex crimes in Texas.

Penalties of a Sex Crime in Texas

The penalties for a sex crime in Texas vary depending on the offense but can be severe:

• Sexual Assault-
  • Felony of the second degree- Minimum prison sentence of 2 years. Prison sentence of 2-20 years, a fine up to $10,000, and mandatory registration as a sex offender.
  • Felony of the first degree- Minimum prison sentence of 5 years. Prison sentence of 5-99 years, a fine of up to $10,000, and mandatory registration as a sex offender.
• Indecent Assault-
  • A Class A Misdemeanor, possibility of up to a year in county jail and a $4,000 fine. (Indecent assault is one of the few sex crimes in Texas that DOES NOT require sex offender registration.)
• Indecency with a Child-
  • A second degree felony, with a possible sentence ranging from 2-20 years in prisons, and a fine up to $10,000.
• Prostitution-
  • First offenders- Class B misdemeanor, up to 180 days in jail, and a $2000 fine.
  • Two prior convictions- Class A misdemeanor, up to 1 year in jail, and a $4000 fine.
  • Three or more prior convictions- Felony offense, 6 months to two years in state prison, and fines up to $10,000
• Human Trafficking-
  • First degree felony, with a punishment of 25-99 years or life in prison. *But it can be worse, especially if a person is convicted of a human trafficking crime involving sexual abuse, kidnapping or other related elements. Then, the maximum penalty is life in prison.*
• Aggravated Sexual Assault-
  • A first-degree felony with a prison sentence ranging from 5 to 99 years or life, a fine up to $10,000, and mandatory registration as a sex offender. Enhanced penalties apply if the victim is under 6 years old or under 14 certain aggravating factors, including a mandatory minimum sentence of 25 years.

Additionally, individuals convicted of a sex crime in Texas may be required to register as sex offenders for life, significantly impacting their personal and professional future.

What to Do Next if You Have Been Accused of a Sex Crime in Texas

• Remain Silent and Contact and Attorney Immediately: If you have been accused of a sex crime in Texas, do not speak to law enforcement, investigators, or anyone else about your case. Anything can be used against you. Instead, exercise your right to remain silent and contact Barbieri Law Firm.

• Gather and Preserve Evidence: If you've been accused of a sex crime in Texas, begin collecting any relevant documents, messages, emails or witness contacts that may support your case. Our legal team will conduct an in-depth investigation to build a strong defense.

• Protect Your Reputation: Even an accusation can tarnish your name. That is why Barbieri Law Firm has a dedicated public relations specialist to manage and mitigate reputational damage, ensuring your story is told accurately and fairly.

• Challenge the Prosecution's Case: The burden of proof lies with the prosecution, and we make them work for every claim they make. Our attorneys are experts in exposing weakness in the state's evidence and utilizing forensic analysis to challenge allegations.

• Stay Off Social Media: Social media posts can be misconstrued and used as evidence against you. Refrain from discussing your case online or making any public statements.

• Avoid Contact with the Accuser: Regardless of your relationship with the accuser, avoid any direct or indirect communication. Let your attorneys handle all communication to safeguard your defense. (Bond conditions or protective orders may also prohibit contact, so clients should always check with their attorney.

Why the Right Legal Representation Matters

When you are accused of a sex crime in Texas, the legal team you choose can make all the difference. The prosecution will use every resource available to secure conviction, and without a skilled defense attorney, you risk losing your freedom. A knowledgeable and aggressive criminal defense attorney will examine the evidence, challenge the prosecution's case, and ensure your rights are protected at every stage of the legal process.

Why Barbieri Law Firm?

AtBarbieri Law Firm, we specialize in sex crimes defense and have built a reputation as relentless advocates for justice. Our team is made up of board-certified defense attorneys and former prosecutors who understand how the state builds its cases-and how to dismantle them.

We employ a strategic and aggressive approach, leveraging our 115-Point Defense Checklist and extensive courtroom experience. Our track record speaks for itself: we haven't lost an assault trial by jury in 20 years. Additionally, we limit our caseload to ensure every client receives the dedicated attention they deserve.

Contact Barbieri Law Firm Today

If you or a loved one has been accused of a sex crime in Texas, time is of the essence. Barbieri Law Firm in Frisco, Texas. is here to provide the relentless defense, dominant expertise, and fearless advocacy you need. Schedule a confidential consultation today and let us begin safeguarding your reputation and restoring your life.