"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.
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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.
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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.
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Texas Penal Code §21.08, Indecent Exposure, is defined as follows:
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(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
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Texas's Indecent Exposure statute does not give a definition of "reckless." Without a definition, this part of the statute leaves quite a bit of room for interpretation and defense. Under §21.08, it's not enough to expose oneself with the intent of sexual gratification --- the actor must have exposed themselves while being "reckless" about whether someone present might be offended or alarmed. In context, "reckless" behavior would tend to indicate that witnesses didn't consent to the exposure.
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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 §21.08, Indecent Exposure is 2 years for misdemeanor-level offenses and 3 years for felony-level offenses.
Indecent Exposure can be classified in Texas as a 3rd Degree Felony (if the Defendant is civilly committed as a sexually violent predator); a State Jail Felony (if the Defendant has two or more convictions for Indecent Exposure); a Class A Misdemeanor (if the Defendant has one previous Indecent Exposure conviction); or a Class B Misdemeanor, by default.
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Indecent Exposure punishable 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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Indecent Exposure punishable as a State Jail Felony is punishable by 180 days -- 2 years in jail and a fine of up to $10,000.
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Indecent Exposure punishable as a Class A Misdemeanor is punishable by up to 1 year in jail and a fine of up to $4,000.
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Indecent Exposure punishable as a Class B Misdemeanor is punishable by up to 180 days in jail and a fine of up to $2,000.
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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.
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AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
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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
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Tex. Penal Code §21.08, Indecent Exposure, is a registrable offense. Texas Indecent Exposure convictions and other adjudications of guilt, including deferred adjudication, require LIFETIME registration as a sex offender following conviction for a second offense, and 10 YEAR registration as a sex offender for a first offense.
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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.
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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
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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.
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CLICK HERE TO LEARN MORE ABOUT SEX OFFENDER REGISTRATION IN TEXAS.
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If you're accused of a sex crime requiring registration as a sex offender, you need an aggressive, proactive defense.
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CALL TODAY for a free case evaluation– always complimentary, always confidential.
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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.
