Sex offenses make up an ever-increasing amount of crimes committed – and prosecuted – in Texas. Crimes of a sexual nature carry a deep social stigma, alienating accused individuals and devastating their lives. Our criminal justice system provides for the “presumption of innocence”: that everyone is innocent until proven guilty. And yet, people facing allegations of criminal sexual misconduct are often placed in a position of having to affirmatively prove their innocence. Embarrassment and social stigma should not prevent you from reaching out to a criminal defense attorney. If you’re facing charges for a sexual offense, your freedom is in jeopardy. The longer you wait to secure representation, the more investigation is being done into your case and the more damage is being done to your reputation and life. Diablita Criminal Defense, PLLC will handle your case with the utmost discretion and will craft an aggressive, skillful defense against your charges.
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Every allegation of criminal sexual misconduct is a serious allegation -- treat it like one. Many charges are brought on the basis of testimony alone and many convictions are secured with no additional evidence. Sex crimes including sexual assault, indecent exposure, indecent assault, and sexual abuse of children are often “he said, she said” cases, where the cases lives or dies based on the competing testimony of the alleged victim and the accused. Every day, Texas prosecutors put people behind bars based on the uncorroborated testimony of a single individual. Prosecutions for sex offenses don’t need to rely DNA, proof of physical injury, or any other kind of substantiating, corroborating evidence in order to result in a conviction. Regardless of the amount or type of evidence you believe exists in your case, a strong defense is essential. "He said, she said" sex crime allegations don’t simply disappear. Without proactive, aggressive defense, allegations grow into witch hunts. You deserve an attorney who is strategic, determined, and powerful. CALL NOW to speak with the Devil, and get Texas’s top defense with Atty. Madolyn García Falone.
Texas law criminalizes various activities related to sexually explicit images and videos. In Texas, it is illegal to record "upskirting" images, to "creep" or otherwise be a peeping Tom. It is a crime to post "revenge porn", it is a crime to send non-consensual nudes, and it is a crime to use artificial intelligence/AI to create deep fake pornographic images. Technology has long been an essential part of our daily lives, permeating our relationships, socialization, and entertainment. With all that ubiquitous use comes the potential for modern methods of engaging in criminal conduct, from taking sneaky recordings and screenshots to rage posting your ex's nudes across the Internet. With the increased use and ever-growing power of AI, deep fake pornography has become a new criminal frontier. And sending non-consensual pictures of your junk to random people? That's a crime facilitated through increased use of social media and digital communication in general. The widespread connectivity fostered by lives lived online means that it's all too easy to get caught up in behavior that runs afoul of Texas law. Our online lives aren't as anonymous as they seem. If you've been charged with a sex offense involving visual materials, Diablita can help. Click the links below to get comprehensive information and analysis on sex offenses involving visual materials, under Texas law.
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Tex. Penal Code §21.15 --- Invasive Visual Recording
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Tex. Penal Code §21.16 --- Unlawful Disclosure or Promotion of Intimate Visual Material
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Tex. Penal Code §21.165 --- Unlawful Production or Distribution of Certain Sexually Explicit Videos
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Tex. Penal Code §21.19 --- Unlawful Electronic Transmission of Sexually Explicit Visual Material
Non-consensual sex is rape, which is a crime in Texas. Rape, statutorily called "sexual assault," can take many forms and be perpetrated in a variety of ways, but the basis of sexual assault (against a legal adult) is a lack of consent. Rape isn't the only kind of sex-based assaultive conduct in Texas, as non-consensual touching and non-consensual exposure are also illegal -- trying to get off by touching someone or causing them to touch you or your bodily fluids is a crime. Texas also criminalizes making threats against people as a means of getting money, nudes, or sex out of that person. In general, threatening, coercing, or otherwise "convincing" someone to act in contexts that involve sex is highly illegal. Sexually threatening or coercive behavior is unfortunately common and, like sexual assault, can be committed in many different ways. Increasingly, Texas courts are faced with cases of human trafficking that are based in sexual violence, extortion, and threat. Allegations of sex offenses regarding coercion, assault, or trafficking are very serious and require aggressive, proactive representation -- contact Diablita today and start building your strongest defense. Click the links below to get comprehensive information and analysis on Texas laws for sex offenses involving coercion, assault, and human trafficking.
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Tex. Penal Code §21.18 --- Sexual Coercion
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Tex. Penal Code §22.011 --- Sexual Assault (“Rape”)
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Tex. Penal Code §22.021 --- Aggravated Sexual Assault
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Tex. Penal Code §22.012 --- Indecent Assault
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Tex. Penal Code §20A.02 --- Trafficking of Persons
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Tex. Penal Code §20A.03 --- Continuous Trafficking of Persons
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Tex. Penal Code §39.041 --- ​Improper Sexual Activity with Person in Custody
Sex offenses committed against children are some of the most harshly prosecuted crimes in Texas. There is enormous breadth to Texas's criminalization of sex-based conduct involving children. These offenses range from violent assaults (and possession of pornography depicting the same) to "statutory rape" to selling skin mags to minors to drag shows performed with children in the audience. The majority of offenses in this category are exclusively punished at the felony level, meaning that conviction for most of these offenses will result in substantial time spent in Texas state prison. There is a justified, strong social interest in protecting children from harm and the Texas penal scheme reflects that. Sex crimes against children are uniquely targeted and punished, and even the allegation of one of these offenses is enough to massively disrupt the life of a person accused. If you're facing charges of a sex offense involving children, it's not just a case of you against Texas -- it's a case of you against the world. You need a strategic, proactive attorney. You need Diablita Criminal Defense. Click the links below to get comprehensive information and analysis on Texas laws regarding sex offenses that involve minor children.
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Tex. Penal Code §21.02 --- Continuous Sexual Abuse of a Young Child or Disabled Individual
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Tex. Penal Code §22.011a(2) --- Sexual Assault of a Child
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Tex. Penal Code §22.021(a(2)) --- Aggravated Sexual Assault of a Child
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Tex. Penal Code §22.021(f) --- Super-Aggravated Sexual Assault of a Child
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Tex. Penal Code §21.11 --- Indecency with a Child
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Tex. Penal Code §43.25 --- Sexual Performance by a Child
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Tex. Penal Code §15.032 --- Child Grooming
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Tex. Penal Code §21.12 --- Improper Relationship Between Educator and Student
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Tex. Penal Code §43.251 --- Employment Harmful to Children
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Tex. Penal Code §33.021 --- Online Solicitation of a Minor​
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Tex. Penal Code §43.26 --- Possession or Promotion of Child Pornography
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Tex. Penal Code §43.261 --- Electronic Transmission of Certain Visual Material Depicting Minor
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Tex. Penal Code §43.262 --- Possession or Promotion of Lewd Visual Material Depicting Child
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Tex. Penal Code §43.24 --- Sale, Distribution, or Display of Harmful Material to Minor
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Tex. Penal Code §43.28 --- Certain Sexually Oriented Performances Prohibited
In Texas, conduct related to prostitution is criminalized toward the alleged seller of sexual services (the "prostitute"), the alleged buyer of sexual services (the "John"), and third-party organizers of prostitution, including "pimps" and prostitution-facilitating website administrators. A crime is committed as soon as an offer or agreement to buy/sell sex is made, even if no money ever changes hands and no sexual services are ever actually provided. Sex work is the subject of frequent "sting" operations, where law enforcement targets providers and buyers of typically consensual, discreet, and often completely legal sexual services. Considering the wide net cast by laws criminalizing sexuality for sale, many people are caught in the crosshairs of prostitution-related charges -- exotic dancers ("strippers") and their clientele, people engaged in "sugar dating", masseuses and their customers, arm-candy escorts and their patrons, etc. If you've been accused of an offense involving prostitution, you need a defense that is strategic and powerful. You need the Devil. Call Diablita Criminal Defense today for a FREE case evaluation. Click the links below to get comprehensive information and analysis on Texas laws regarding prostitution-related sex offenses.
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Tex. Penal Code §43.02 --- Prostitution
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Tex. Penal Code §43.021 --- Solicitation of Prostitution
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Tex. Penal Code §43.03 --- Promotion of Prostitution
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Tex. Penal Code §43.05 --- ​Compelling Prostitution
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Tex. Penal Code §43.031 --- Online Promotion of Prostitution
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Tex. Penal Code §43.04 --- Aggravated Promotion of Prostitution
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Tex. Penal Code §43.041 --- Aggravated Online Promotion of Prostitution
Famously ill-defined, crimes involving obscenity are often characterized by an "I know it when I see it" quality. With the constant shifting of social norms and the emphasis on American freedom of expression, there are major disagreements about what "obscenity" means. Because the law regarding obscenity is so vague, there is often a lot of room for a creative, thoughtful defense against obscenity charges. More easily defined are indecent exposure and public lewdness, whereby Texas law criminalizes reckless exposure of the anus and genitals as well as public or otherwise reckless sexual contact and sexual intercourse. Also illegal in Texas is voyeurism (getting off on watching someone when they reasonably expect privacy), bestiality (sexual contact or intercourse with animals), and incest (sexual intercourse between close family members.) Despite our society's relatively relaxed view of sexuality, conduct that's obscene or lewd isn't just taboo, it's illegal. Individuals facing charges for these sex offenses require thoughtful, aggressive legal representation. Diablita can help. Click the links below to get comprehensive information and analysis on how obscenity and lewdness are treated under Texas law.
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Tex. Penal Code §43.22 --- Obscene Display or Distribution
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Tex. Penal Code §43.23 --- Obscenity
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Tex. Penal Code §21.07 --- Public Lewdness
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Tex. Penal Code §21.08 --- Indecent Exposure
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Tex. Penal Code §21.17 --- Voyeurism
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Tex. Penal Code §21.09 --- Bestiality
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Tex. Penal Code §25.02 --- Prohibited Sexual Conduct (Incest)
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.
