"Prohibited Sexual Conduct" is the statute under the Texas Penal Code that criminalizes "incest," which is sexual intercourse or other sexual conduct with certain close family members. This offense is categorized under the portion of the Texas Penal Code dealing with Offenses Against the Family, Title 6. The law addresses family relations that are more expansive than many people realize, criminalizing sex between step-parents and step-children, adopted siblings, and more. Importantly, Prohibited Sexual Conduct refers to consensual intercourse between adult family members. Nonconsensual sex, or "sexual assault," is a separate and more serious crime than Prohibited Sexual Conduct, particularly if the sexual assault is committed against a minor child. As a result, incest charges can be filed alongside charges for rape, statutory rape, aggravated sexual assault of a child, etc. as circumstances dictate.
Incest is a deeply-entrenched taboo in America, and under §25.02, Prohibited Sexual Conduct, incest is illegal in Texas. Incest is often a "hidden crime" -- one that is rarely acknowledged, but that occurs in ~15% of families. There is a strong public policy basis behind criminalizing incest: the preservation of healthy family dynamics and the reduction of birth abnormalities, genetic illnesses, and developmental delays commonly affecting children born to people closely-related. And yet, instances of incest are on the rise, despite social stigma. The phenomenon of family members developing sexual relationships after finding each other through genetic testing services is increasingly prevalent, and widespread incestuous themes in pornography might have people mistaken, but the law is clear: in Texas, incest is a serious felony offense. Moreover, up to 20 year's confinement in a Texas prison isn't the only consequence of Prohibited Sexual Conduct; people convicted of incest face lifetime registration as a sex offender.
Marriage is not a defense to prosecution under Texas's incest law; neither is age (all sexual participants being legal adults), consent (all participants consenting to sexual activity), or diminished mental capacity. Some possible defenses to incest charges include: false or contradictory testimony, insufficient evidence, or proof that the sexual conduct occurred before the familial relationship had developed. Incest cases require aggressive yet discreet criminal defense.
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If you've been charged with an offense under §25.02, Prohibited Sexual Conduct, you need an aggressive, strategic, and powerful Texas criminal defense attorney. Diablita Criminal Defense, PLLC will handle your case professionally and discreetly, crafting your strongest defense and fighting for you. Every day that your case sits without representation is a day that law enforcement officers, investigators, and prosecutors are building their case against you. Be proactive -- an early defense is a strong defense. Schedule your FREE case evaluation today and speak with the Devil. Don't wait! Get Texas’s top defense with Atty. Madolyn García Falone.
Texas Penal Code §25.02, Prohibited Sexual Conduct, is defined as follows:
(a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
(1) the actor's ancestor or descendant by blood or adoption;
(2) the actor's current or former stepchild or stepparent;
(3) the actor's parent's brother or sister of the whole or half blood;
(4) the actor's brother or sister of the whole or half blood or by adoption;
(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or
(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.
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This statute defines "Sexual Intercourse" as:
"any penetration of the female sex organ by the male sex organ."
This statute defines "Deviate Sexual Intercourse" as:
"any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person."
The "statute of limitations" is a time limit set by law that tells the government how long they have to charge someone with a crime. Charges filed after the statute of limitations has passed are generally subject to dismissal.
The limitations period for Tex. Penal Code §25.02, Prohibited Sexual Conduct, is 3 years.
Prohibited Sexual Conduct is classified in Texas as a 2nd Degree Felony, if occurring between ancestors and descendants (parent/child, grandparent/child, etc. by either blood or adoption.) Otherwise, Prohibited Sexual Conduct is classified in Texas as a 3rd Degree Felony.
Prohibited Sexual Conduct, when classified as a 2nd Degree Felony, is punishable by 2 -- 20 years in prison, and a fine of up to $10,000.
Prohibited Sexual Conduct, when classified as a 3rd Degree Felony, is punishable by 2 -- 10 years in prison, and a fine of up to $10,000.
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Probation may be granted to individuals who plead guilty or no contest to Prohibited Sexual Conduct under Tex. Penal Code §25.02. Additionally, judges may accept plea deals for deferred adjudication in these cases.
AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
Texas law uses the term "community supervision" to describe standard probation as well as deferred adjudication.
Neither probation nor deferred adjudication "community supervision" is on the table for suspended sentences of over 10 years, regardless of what the offense is. Additionally, community supervision cannot be granted to any Defendant if it is shown that: (1) a deadly weapon was used or exhibited during the commission of the felony or immediate flight thereafter and (2) the Defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.a deadly weapon would be used o
Tex. Penal Code §25.02, Prohibited Sexual Conduct, is a registrable offense. Texas Prohibited Sexual Conduct convictions and other adjudications of guilt, including deferred adjudication, require LIFETIME registration as a sex offender.
How does sex offender registration work?
In Texas, when someone is required to register as a sex offender, information about that person's identity, whereabouts, and conviction is posted on an online database that is searchable by the public.
Anybody can access the following information about people on the Sex Offender Registry:
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Offender's name, including any aliases (alternative, false, or assumed names)
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Offender's current address, as well as other known addresses
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Details about the Offender's criminal conviction
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Photographs of the Offender, to aid in recognition
Convicted sex offenders must abide by strict reporting standards, notice protocols, and other regulations regarding where they live, visit or vacation, and work. Sex offenders have an affirmative duty to register, update their records, and verify their information --- failure to do so can result in felony imprisonment for up to 20 years.
CLICK HERE TO LEARN MORE ABOUT SEX OFFENDER REGISTRATION IN TEXAS.
If you're accused of a sex crime requiring registration as a sex offender, you need an aggressive, proactive defense.
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About la Diablita
Texas Criminal Defense Attorney Madolyn García Falone
Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.
