criminal justice and sexual offenses

1. Criminal Justice and Sexual
Offenses

2. Objectives for this Week
 Sex offenses in the state of Texas
 Treatment of sex offenders in the criminal justice system
 Sex Offender Registry
 SORNA a.k.a. “Megan’s Law”
 Post-conviction consequences of Sex Offender Registry

3. Sex acts are a crime when:
 There is lack of consent
 They occur with a minor. Minors are never able to give consent.
 Age of consent in Texas is 17
 They occur with a mentally ill persons or an adult who is incapable of
consenting due to a disability
 They are performed in public
 They are performed for money
 They are prohibited by law (i.e., teacher-student, therapist-patient, etc.)

4. Texas Sex Offenses
§15.031 – Criminal Solicitation of a Minor
(Under 17)
§21.11 - Indecency with a Child
§22.011 - Sexual Assault
§22.021 - Aggravated Sexual Assault
§43.25 - Sexual Performance by Child
§20.04 – Aggravated Kidnapping
§21.07 – Public Lewdness
§21.08 – Indecent Exposure
§21.09 - Bestiality
§21.11 – Indecency with a Child (under 17
years of age)
§21.12 – Improper Relationship between
Educator and Student
§21.15 – Improper Photography or Visual
Recording

5. Texas Sex Offenses
§25.02 – Prohibited Sexual Conduct
§43.02 – Prostitution
§43.03 – Promotion of Prostitution
§43.04 – Aggravated Promotion of Prostitution
§43.05 – Compelling Prostitution
§43.22 – Obscene Display or Distribution
§43.23 – Obscenity
§43.24 – Sale, Distribution, or Display of
Harmful Material to Minor (Under 18)
§43.25 – Sexual Performance by a Child
§43.251 – Employment Harmful to Children
§43.26 – Possession or Promo

6. Rape/Sexual Assault
 Nonconsensual vaginal, oral or anal penetration achieved through the
use of force or threat of force
 Penetration can be accomplished by penis, finger, tongue, or some
other object
 In Texas, rape is called sexual assault

7. Aggravated Rape/Sexual Assault
 An aggravated offense includes an additional step or an element
to the offense that takes it an extra step and makes it a more
egregious crime
 Rape turns into aggravated rape when in the commission of the
rape the perpetrators inflicts serious bodily harm, uses a deadly
weapon in the commission of the offense, impregnates the
victim, infects the victim with HIV/AIDS or an STD, when it is a
gang rape or the victim is a child or an elderly person

8. Force and Consent
 Majority of rape statutes require a showing of both lack of
consent (victim not a willing participant) and physical force
 Modern trend in law is to not require “force” as an element
and for lack of consent to be enough
 These cases often turn into he said/she said cases – in which
it is the credibility of the defendant versus the credibility of
the victim

9. Rape Shield Laws
 Laws that prohibit the use of the victim’s past sexual conduct and
reputation as evidence
 Federal Rule of Evidence 412 - Three exceptions:
 (1) someone other than the defendant was the source of semen, injury, or other
physical evidence;
 (2) evidence of specific instances of a victim’s sexual behavior with the accused if
offered by the defendant to prove consent
 (3) if exclusion would violate the defendant’s constitutional rights.

10. Sexual Assault
 All states treat sexual assault differently (it seems)
 In Texas, a sexual assault is usually a second degree felony with a sentence of two to 20
years in a state prison and/or a fine of up to $10,000.
 Also in Texas, aggravated sexual assault is a first degree felony and is punishable by
five to 99 years in a state prison and/or a fine of up to $10,000.
 The minimum prison sentence may be twenty-five years if the victim is younger than 6 years
of age when the crime was committed
 If the victim was younger than 14 years of age and either a deadly weapon was used or
exhibited, the child was seriously hurt, the defendant attempted to kill the child, or the
defendant used drugs to facilitate the crime.

11. Sexual Assault
 The Texas Sex Assault statutes finds a lack of consent in circumstances including
 When there is a use of force or threats against the victim
 The victim is unable to resist because they are unconscious or unaware it is happening or physically unable to
resist
 The victim suffers from a mental illness that prevents them from resisting or understanding what is happening
 The victim is impaired by intoxication or substance administered by the perpetrator
 The perpetrator is a public servant who coerces the other person to submit or participate
 The perpetrator is a mental health services provider or a health care services provider who causes the other
person, who is a patient or former patient of the perpetrator, to submit or participate by exploiting the other
person's emotional dependency on him/her
 The perpetrator is a clergyman who causes the other person to submit or participate by exploiting the other
person's emotional dependency in the clergyman's professional character as spiritual adviser
 The perpetrator is an employee of a facility where the other person is a resident (unless the two are married)

12. Prostitution
 Defined as sex for money or other value
 Types of prostitution:
 Engaging in sexual relations with another person for a fee or
something of value
 Offering (or soliciting) to engage in sexual relations with
another person for a fee or something of value
 Requesting (or agreeing) to pay a fee or something of value to
another person for sexual services and acts

13. Prostitution
 Both men and women can be charged with prostitution
 When the woman is someone who willingly enters into the business of
using her body to make money
 Sex trafficking is a different matter altogether
 Prostitution is not considered a victimless crime by prosecutors who believe
that society suffers greatly due to prostitution because it draws with it other
crimes like drug use, distribution of illicit substances, assaults, etc.

14. Public Lewdness
 A person commits this offense if he/she knowingly engages in any of the
following acts in a public place or, if not in a public place, he/she is reckless
about whether another person is present who will be offended or alarmed by
his:
 (1) act of sexual intercourse
 (2) act of deviate sexual intercourse
 (3) act of sexual contact or
 (4) act involving sexual contact between the person and animal

15. Indecent Exposure
 A person commits this 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
 The difference between Public Lewdness and Indecent Exposure is the public
nature of the act (sex on a beach in the middle of the afternoon) versus the
one-on-one act (grown man showing his private parts to a child)

16. Voyeurism
 A person commits an offense if the person, with the intent to arouse or gratify
his/hers sexual desire, observes another person without the other person's
consent while the other person is in a dwelling (house) or structure in which
the other person has a reasonable expectation of privacy.
 Voyeurism is crime to be concerned about because it usually leads to
escalation of criminal sexual conduct
 Ex. Perpetrator starts with viewing in secret, then in the open, then needing to
touch (themselves or the object of desire or both), eventually assault and even
murder

17. Child Pornography
 Anything pertaining to child pornography is illegal (non- child pornography is
not!)
 Child pornography includes:
 Production and advertising of child pornography
 Possession of pornographic material depicting children, even if it is fictional (i.e.
anime, cartoons, etc.)
 Importation, distribution, sale, loan, exchange, receipt or transporting child
pornography material knowingly
 Buying, selling, or transporting CP or inducing, coercing or kidnapping child for CP

18. Child Pornography
 Child pornography and its accompanying crimes are federal offenses
 Offenses are investigated by the FBI and prosecuted by the U.S. Attorney’s Office
(federal prosecutors)
 It is possible for CP to be prosecuted by the state, but it is usually accompanied
by other offenses
 Ex. In the process of trying to investigate someone for embezzling, law enforcement
finds CP in the suspects computer. Prosecutors are able to charge embezzling and
child pornography at state level
 More often than not, CP rings, possession and distribution of CP cases were that is
the main/sole offense will be handle at federal level to facilitate prosecution of
people from different states.

19. Child Pornography
 Prosecutorial Remedies and Other Tools to End the Exploitation of
Children Today (PROTECT) Act of 2003 –
 Minimum sentence of 5 years for possession, 10 years for distribution of CP.
 The Amber Alert System and other methods of alerting the public to missing,
exploited, and abducted children
 Grants for transitional housing for child victims of sexual assault.
 Eliminates statutes of limitations for child abduction or child abuse.
 Suzanne's Law: the law eliminates waiting periods before law enforcement agencies
will investigate reports of missing persons ages 18–21
 And numerous other protections

20. SORNA a.k.a. Megan’s Law
 What is Megan's Law?
 Sex Offender Registration and Notification Act (SORNA)
 Requires sex offenders to register their name and address when
released from prison
 Adjudged at the time sentence is handed down
 Offenses are pre-designated as SORNA offense
 10 year sentence for failing to register
 Registrable offenses in TX

21. National Sex
Offender Registry
https://www.nsopw.gov

22. State of Texas Sex
Offender Registry https://records.txdps.state.tx.us/s
exoffenderregistry

23. Consequences of Being on the Sex
Offender Registry
 Registering requirements.
 Although the sex offender registry was initially created for federal use, each
state now has its own database in which to keep track of registered citizens.
 Every time a sex offender relocates to a different state, they will be required to
re-register on that state’s database as well as become subject to that state’s
laws regarding sex offenders (which may mean giving up additional privileges
such as where they can live or jobs they can consider).

24. Consequences of Being on the Sex
Offender Registry
 Restricted residency.
 Most states prohibit sex offenders from living within a certain distance of
gathering places for children such as parks, schools, daycare centers, and
playgrounds. This will limit their ability to find housing.

25. Consequences of Being on the Sex
Offender Registry
 Restricted employment.
 In addition to housing restrictions, most states also limit where a sex offender
can work. For instance, anywhere near the following places may be restricted:
schools, clothing stores (with changing rooms), salons or spas, as well as in
positions of power over someone else (doctor, psychiatrist, etc.)

26. Consequences of Being on the Sex
Offender Registry
 Loss of child custody. Regardless of charge the sex offender was
convicted for, if registered as a sex offender, they may be denied
custody of their own children if deemed be a danger to them.
 Decreased privacy. Since the registry is meant to keep tabs on past
offenders, privacy is extremely limited. Their current home address is
listed online at all time.

27. Consequences of Being on the Sex
Offender Registry
 Bias, prejudice, and intolerance.
 Once convicted and registered, family, friends, and acquaintances may
view you as a threat or at the very least an outcast. Some may even
become withdrawn or abusive (mentally and physically).

28. References
 Anderson, T. & Gardner, J. (2017). Criminal Law, 13th Edition, NY:
Cengage Publishing.
 National Law Center for Children and Families. Retrieved from
https://nationallawcenter.org/
 State of Texas Sex Offender Registry. Retrieved from
https://records.txdps.state.tx.us/sexoffenderregistry
 Texas Penal Code. Retrieved from:
https://statutes.capitol.texas.gov/?link=CR