State Lawmakers Call for Harsher Penalties for Child Sex Crimes

 Posted on January 08, 2025 in Criminal Defense

Following a sex scandal involving the senior pastor and founder of the Gateway Church in Dallas a few months ago, many state lawmakers are considering asking for harsher penalties for sex crimes against children. The upcoming legislative session in January 2025 may see some proposals meant to do just that. While every adult in the state of Texas who knows or suspects child sexual abuse is considered a mandatory reporter, few District Attorneys prosecute those who do not report.

Some would like to see this changed, along with the removal of statutes of limitations for Texas child sex abusers. While sexual abuse of a child is something few adults would champion, there are instances when children could be "coached" by another adult to claim something that did not happen. Regardless of the circumstances, if you are charged with sexual abuse of a child, it is extremely important that you speak to a knowledgeable Cooke County, TX criminal defense attorney.

What Are Sex Crimes Against Children?

The most commonly charged sex crimes against children in the state of Texas include:

•  Criminal Solicitation of a Minor
•  Indecency with a Child Under 17
• Improper Relationship Between Educator and Student
• Sexual Performance by a Child
• Possession or Promotion of Child Pornography
• Child Molestation
• Continuous child molestation

Penalties for Sex Crimes Against Children

Indecency with a child may be charged as a first-, second-, or third-degree felony. A third-degree felony for indecency with a child carries a penalty of no more than 10 years and no less than two years in prison. An improper relationship between an educator and a student is a second-degree felony, punishable by no more than 20 years or no less than two years in prison.

The sale, distribution, or display of harmful material to a minor under 18 is either a Class A misdemeanor (up to one year in jail and a fine of $1,000) or a third-degree felony (up to 10 years in jail, but no less than two years). Sexual performance by a child involves any performance (play, video, motion picture) is a second-degree felony with penalties of no more than 20 years in prison and no less than two years.

Employment harmful to children is a Class A misdemeanor, punishable by up to $4,000 in fines, up to one year in jail, or both. Possession or promotion of child pornography is either a third-degree felony punishable by no more than 10 years in prison and no less than two years or a second-degree felony punishable by no more than 20 years in prison and no less than two years. Child molestation is also a second-degree felony with the same penalties as those listed above

Potential Defenses for Child Sex Crimes in Texas

Child sex crimes are among the most difficult to defend. While each case is unique and will require a highly tailored defense, below are some of the most commonly used defenses to sex crimes against children.

• Examining a child’s testimony to determine whether the child has been coached by an adult with an ulterior motive.
• Determining whether statements from the accused were improperly obtained.
• Determining whether other civil liberties of the accused were violated, such as no Miranda reading or refusing the defendant’s request for an attorney.
• Police errors, including improper collection and handling of physical evidence.

Contact a Denton County, TX Sexual Abuse of a Child Lawyer

If you are facing charges involving a sex crime against a child, it is extremely important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you have a Cooke County, TX sexual abuse of a child attorney from Magaña & Van Dyke, you can expect the best outcome possible for your charges. Call 940-382-1976 today to schedule your free consultation. Se Habla Espanol.