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Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Houston Homicide Lawyer Charles Johnson

Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor?
For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is Child Pornography a Crime?
Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252).  In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography.  As a result, a person who violates these laws may face federal and/or state charges.

Where Is Child Pornography Predominantly Found?
Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD.  It is transmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.

What Motivates People Who Possess Child Pornography?
Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

  • sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification
  • sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli
  • sexually curious, downloading a few images to satisfy that curiosity
  • interested in profiting financially by selling images or setting up web sites requiring payment for access

Who Possesses Child Pornography?
It is difficult to describe a “typical” child pornography possessor because there is not just one type of person who commits this crime.

In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessors ran the gamut in terms of income, education level, marital status, and age.  Virtually all of those who were arrested were men, 91% were white, and most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%).3

Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.4

Who Produces Child Pornography?
Based on information provided by law enforcement to the National Center for Missing & Exploited Children’s Child Victim Identification Program, more than half of the child victims were abused by someone who had legitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, and coaches.

What is the Nature of These Images?
The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear to be prepubescent, and 6% appear to be infants or toddlers.

What Are the Effects of Child Pornography on the Child Victim?
It is important to realize that these images are crime scene photos – they are a permanent record of the abuse of a child. The lives of the children featured in these illegal images and videos are forever altered. Once these images are on the Internet, they are irretrievable and can continue to circulate forever. The child is revictimized as the images are viewed again and again.

Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Related News Stories – Child Pornography in Houston, TX

Improper Relationship Between Educator and Student

Best Houston Sex Crimes LawyerAt least once a year a case involving allegations of a sexual relationship between a teacher and student comes blaring across the metro section of the paper. Although the relationships are typically consensual, the teacher is prosecuted under a specific provision of the penal code prohibiting an Improper Relationship Between Educator & Student. It is important to note that the offense is neither limited to teachers nor limited to sexual contact; risqué text messages are enough:

  1. An employee of a public or private primary or secondary school commits an offense if:
  2. the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works and who is not the employee’s spouse, or
  3. with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
  • communicates in a sexually explicit manner with a minor; or
  • distributes sexually explicit material to a minor, or
  • the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

All three different acts could be prosecuted under separate statutes. For cases involving minors under 17, the educator could be prosecuted under the Aggravated Sexual Assault statute, the Indecency with a Child by Contact statute, or the Indecency with a Child by Exposure statute. For situations involving sexually explicit communications with a minor, the educator could also be prosecuted under the separate computer crime of online solicitation of a minor.

The only difference between this statute and the laws prohibiting otherwise consensual sexual contact is age. While the sexual assault statutes prohibit sexual contact for minors under 17, the student-teacher statute makes it a crime for consensual sexual contact involving students who are 17 years of age and older. Under the strict mandates of the statute, a person who is legally an adult cannot have sexual contact with their teacher or school administrator so long as he or she is enrolled in the same school. For those adults in night school with a crush on their teacher: you now have a reason they’re ignoring your advances.

Houston Criminal Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of Improper Relationship Between Educator and Student may result in incarceration and the loss of your Teaching Certificate. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Related News Stories – Improper Relationship Between Educator and Student

Facing Allegations of Credit Card Fraud? Houston White Collar Crimes Lawyer Charles Johnson Can Protect Your Future

Best Houston White Collar Crimes Lawyer

Credit card fraud is a wide-ranging term for theft and fraud committed using a credit card or any similar payment mechanism as a fraudulent source of funds in a transaction. The purpose may be to obtain goods without paying, or to obtain unauthorized funds from an account. Credit card fraud is an intricate crime, which is aggressively prosecuted by authorities. An accusation of credit card fraud can have serious negative consequences for individuals and businesses. If you are facing allegations of bank card fraud, you may be facing  jail time and significant fines if found guilty. In addition, if you are a business owner, you may lose what you have worked so hard to build. If you are under investigation for credit card fraud or if you are facing charges of credit card fraud, you need the support of a knowledgeable and experienced Houston White Collar Crimes Lawyer.

Credit Card Fraud is rather common all over the United States, as is the prosecution rate for such crimes. Any form of credit card fraud or abuse — even the possession of someone else’s credit card with the intention of committing fraud or theft — can be charged as a felony and lead to jail time and significant fines upon conviction. Whether you are accused of “borrowing” a friend’s Visa to pay for gas or you actively opened an account in someone else’s name and engaged in thousands of dollars of purchases, if you have been charged with fraud then you need experienced legal counsel.

It is possible to simply be accused of credit card fraud or for there to be circumstances in the case that constitute reduced charges, which means reduced penalties. No matter the case, it is important to have a Houston Credit Card Fraud Attorney to help you from the time you are accused until the end of the case.

If you are investigated for a credit card fraud crime in Houston, do not discuss anything with detectives. Even if you believe that you are innocent of the accusations or think that you can simply “explain what happened” so that the the problem is resolved, it is not wise to say anything to an investigator. Always insist on talking to an attorney first. If you have been arrested for Credit Card Fraud in Houston, TX, take fast action with a skilled and resourceful Houston Criminal Lawyer. Contact the Charles Johnson Law Firm immediately anytime night or day for a free phone consultation at (713) 222-7577 to discuss your case.

Overview of Texas Credit Card Fraud Laws

Performing a variety of fraudulent acts in connection with a credit card amounts to the crime of credit card fraud in Texas. Prosecutors must be able to prove beyond a reasonable doubt, that the defendant had an intent to receive some type of benefit by the following means, the most common of which are:

  • Using a credit or debit card the defendant knows is not his own;
  • The card has expired, been revoked, or cancelled;
  • Using a fictitious card, or the pretended number of a fictitious card
  • Receiving any benefit that the defendant knows has been obtained by violation of this law;
  • Stealing a credit or debit card with the intent to use it, sell it or transfer it to anyone but the cardholder;
  • Buying a credit or debit card from someone the defendant knows is not the issuer of the card;
  • Selling a credit or debit card;
  • Inducing the cardholder to use his/her card to obtain property for the defendant’s benefit when the cardholder is financially unable to pay for it;
  • Possessing a credit or debit card that is not the defendant’s own and having the intent to use it.

Credit card fraud is a problem that affects the entire consumer credit industry. It is one of the most common types of fraud and also one of the most difficult to prevent. According to the Federal Trade Commission (FTC), credit-related complaints have consistently ranked among their top 10 complaints for many years. In fact, some organized crime rings and even drug dealers have shifted criminal career paths to engage in this simple, lucrative, and relatively safe form of crime.

Credit card fraud can occur in person or via the Internet. Most consumer action groups, police departments, retail stores, and agencies, such as Better Business Bureaus (BBB) and the FTC, routinely release information for consumers on how to avoid credit card fraud and identity theft. Nevertheless, there are numerous forms of credit card fraud that are committed by enterprising thieves, organized rings, business owners, and even otherwise legitimate cardholders.

One method of obtaining account information or even an actual credit card is through postal theft. Other methods that have proven surprisingly effective in obtaining personal information include impersonating a card or application verifier via telephone, obtaining copies of past bills, or utilizing on-line directories. In some situations, offenders are also able to take advantage of contacts within the various credit bureaus to obtain legitimate bankcard account information for counterfeiting or telephone order purchasing. After having illegally obtained legitimate cards or account information, offenders then create fictitious identification including driver’s licenses, social security cards, and other materials to aid in the commission of credit card fraud.

Once the information is obtained, there are several forms of fraud that can occur. One popular type of credit card fraud is the advance payment scheme. This scheme utilizes counterfeit or stolen credit cards. The offender either makes an advance payment on the card or overpays an existing balance with a fraudulent check. Since the account is credited upon receipt of payment, cash advances can be immediately withdrawn before the payment check has cleared. Through numerous payments on numerous cards, an offender can realize large profits within a relatively short period of time.

Another type of credit card fraud involves the illegal counterfeiting of credit cards. New technology has aided criminals in producing exact replicas of existing cards and in creating fraudulent cards including the so-called “hidden” counter-measures. Illegal counterfeiting may be primarily responsible for the overall upsurge in credit card fraud.

Counterfeiters also buy and sell magnetic strips to produce fraudulent credit cards. The magnetic strips are essential because they contain names, account numbers, credit limits, and other information for legitimate or contrived Visa/MasterCard holders. By using a desktop computer system, source material, and peripheral equipment, a counterfeiter can produce a fraudulent bankcard with relative ease. As technology has improved, counterfeiting credit cards has become a multi-step process. These steps can often include using desktop computer systems and peripherals such as laminators to produce more realistic looking cards. The counterfeited cards come complete with a hologram and fully encoded magnetic strip. Most of the supplies used to manufacture counterfeited bankcards, including the plastic cards and Visa/MasterCard holograms (the Visa dove and the MasterCard interlocking globes) are smuggled into the United States from the Far East.

Costs and Statistics

  • It is estimated that the global rate of credit and charge card fraud is seven cents for every $100 transaction. Illegal credit card purchases totaled $788 million in the United States alone for the year 2004, representing 4.7 cents of every $100 worth of total purchases.  Similar estimates have been reported in Great Britain, where it is estimated that £535.2 million were lost due to credit card fraud in 2007.  In addition, Australia loses an estimated 4 cents per every $100 transaction to fraud.
  • According to estimates, over 229 million records containing individuals’ identifying information have been compromised by data breaches since 2005, Although it is difficult to estimate or predict the number of compromised records that will be or may have been utilized for perpetrating fraud, the sensitive nature of the information contained within these records harbors the potential for increasing credit card fraud losses. Estimates of monetary amounts lost from data breaches can reach hundreds of millions of dollars.
  • The Federal Trade Commission reports that victims’ information was used to perpetrate credit card fraud in 23% of the cases brought to the attention of the Identity Theft Clearinghouse in 2007.Of online credit/debit card fraud, the Internet Crime Complaint Center(IC3) reports that this type of fraud ranks 4 in the types of fraud committed over the Internet, compromising 6.3% of complaints reported to the IC3 in 2007.
  • A report issued by Cybersource shows that, according to a 2007 survey of both small and large online businesses, 1.4% of all online revenue was lost due to payment fraud, with an estimate of $3.6 billion in losses for 2007.  Additionally, the survey found that 1.3% of all accepted orders resulted in fraud losses.  The median fraudulent order was $200 versus a median of $120 for legitimate purchases.  Those retailers which also accept orders not located with the U.S. or Canada reported that international orders were rejected at a rate approximately 2.5 times higher than U.S. and Canadian orders due to suspicion of fraud.  Overall, merchants rejected 4.2% of total orders on suspicion of fraud.

The Response/Current Efforts

Merchants are more at risk from credit card fraud than are consumers. Regardless of whether the transaction occurred in person or on-line, the consumer generally only has to face the hassles of reversing a fraudulent charge, canceling their lost or stolen card, or paying the first $50 of the loss (although most credit card companies waive this fee). In contrast, a merchant loses the cost of the product sold, must pay numerous credit card charge-back fees, and even faces the possibility of having their merchant account closed.

Many methods of safeguarding credit card purchases exist. Credit card companies started using holograms in 1981 to identify genuine cards at the time of purchase. At the same time, large-scale hologram counterfeiting operations developed in Taiwan, Hong Kong, and China. A separate market emerged for these holograms, which sell for between $5 and $15, depending on the quality of the hologram. In 1994, the Canadian Combined Forces Special Enforcement Unit and the Combined Forces Asian Investigation Unit arrested members of a Chinese syndicate that produced approximately 300,000 counterfeit holograms and had distributed 250,000 of them. Based on the quantity delivered and using an estimate of $3,000 lost per card, Visa and MasterCard estimated that their combined losses caused by this group approached $750 million.

The FTC recommends that consumers sign their cards in a manner that requires the user to show photo identification, carry their cards in a separate compartment of their wallet or purse, destroy carbon copies, void incorrect receipts, reconcile monthly account statements, and shred unsolicited credit card offers. These steps will reduce the likelihood of either fraudulent purchases charged to the victims’ accounts or more severe identity theft.

Credit card fraud is a recognized issue of import.  One problem facing the struggle to reduce this type of fraud, however, is the lack of law enforcement resources devoted to this type of crime.  Although law enforcement acknowledges the extent of the crime, resources are often such that many agencies are simply not able to allocate the time and manpower needed to police these crimes.  This is especially true when a fraudulent transaction may only account for $20-50 loss per victim, such as with the recent cases involving the company Pluto Data.  While these fraudulent transactions are noteworthy, they may simply not garner the resources that more salient crimes attract.  Additionally, many credit card frauds may suffer from jurisdictional problems; for instance, many of the fraudulent transactions may take place in a city, state, or country other than that in which the victim is residing.  Due to the lack of consistent law enforcement involvement and jurisdictional issues, ensuring transaction safety often falls to the individual; as a consequence, many, especially merchants involved with online transactions, utilize a variety of methods for ensuring credit card security and safety.

Internet credit card transactions are referred to as CNP (cardholder not present transactions). In order to validate a card, many on-line merchants use cardholder recognition software, validity checks, and red flag order settings. These “red flags” are based on subtle differences in the card’s information that have also proved fraudulent in past purchases. For example, one red flag arises when the shipping and billing addresses are not the same. This is especially true in situations involving PO Boxes and private, rented boxes (e.g., at Mailboxes Etc.). Other types of red flags are purchases of high dollar items or orders in multiples with requests for rush or expedited shipping. On-line criminals generally like to receive their items quickly for resale purposes and, since they have no intention of paying the bill, they do not mind the higher cost for shipping.

One of the latest technological advancements in the race to foil credit card fraudsters is the employment of new chip-based technology in credit cards.  Rather than relying on the standard magnetic strip to divulge card owners’ information, the new technology stores this information on a computer chip embedded within the card which requires a pin to unlock—a practice that is currently underway in Europe and has been going on in France for over ten years, where credit card fraud has dropped 80%.  This system is currently being unveiled in Canada and is also being employed by select card issuers in the U.S.

Also, both Visa U.S.A. and MasterCard currently offer state-of-the-art identity check offerings. Visa U.S.A. invited cardholders to link their cards to passwords that would be required when shopping at participating on-line stores. The service, “Verified by Visa,” is designed to raise the level of security and allay fears of fraud that haunt many merchants and consumers. Verified by Visa is a way to authenticate on-line buyers to on-line sellers in which customers register for a password with the bank that issues their credit card. Merchants are linked back to the card issuer that verifies the cardholder’s identity based on that password.  In addition to programs such as “Verified by Visa”, Visa is also using a new “advanced authorization” system.  By evaluating 40 variable factors (such as whether or not the card being used was part of a known security breach or if items are being ordered at a high-volume quick rate), the system can provide banks with an instant rating of the transaction’s potential for fraud, allowing the issuer to decline the purchase if warranted.  This new system is reported to be able to flag up to 40% of false transactions which may have gone undetected previously.

Additionally, many major credit card companies have banded together to help to ensure safety by issuing what is known as the Payment Card Industry Data Security Standard (PCI DSS).  This standard requires all merchants to follow the same guidelines of data security.  It is unknown how many retailers are PCI compliant, but Visa estimates that upwards of two-thirds of its large and medium-sized merchants meet requirements as of January 2008.  In order to assist business owners in this endeavor, card companies and payment processors are supplying tutorials and Webinars to business owners in order to help navigate the intricate technology regulations.  The latest version of the security standard is scheduled for release in October 2008.

Recent initiatives in an effort to battle credit card fraud and identity theft have also emerged on a federal level.  A recent amendment to the Fair Credit Reporting Act requires consumer reporting companies to provide consumers with a free copy of their credit report (including information on where you live, how you pay your bills, and whether you’ve been sued, arrested, or filed for bankruptcy) once every 12 months, at the consumer’s request.  This went into effect on December 1, 2004 in the Western states and is now available nationwide.  This allows consumers the ability to closely monitor their own credit histories without paying charges to reporting agencies.

Defenses to Credit Card Fraud Charges

Police and prosecutors have the technological sophistication to effectively investigate credit card fraud, whether it allegedly occurs via the Internet or in person. The police may be able to follow the trail of an online credit card purchase back to the computer used in the transaction, to find a suspect in an online credit card fraud investigation. For credit card fraud cases occuring inside a store, the police may request security camera footage to show the person who signed for a specific purchase at a specific time.

Houston White Collar Crimes Attorney Charles Johnson will conduct a thorough, independent investigation into the case against you — seeking both exculpatory evidence and possible misconduct by the police investigators.

Contact Houston White Collar Crimes Attorney Charles Johnson

If you are facing charges for credit card fraud, contact Houston Lawyer Charles Johnson personally anytime night or day at (713) 222-7577. Attorney Johnson will be able to work with you and investigate the case against you, explaining your options along the way.

A defense attorney, who is experienced in this type of law, will be able to look for possible defenses in your case. Sometimes fraud, credit card theft, embezzlement and identity theft are committed due to a drug addiction, psychological issue, or gambling addiction. If you are suffering from an addiction or a mental issue, we may be able to argue for a lesser charge.

Other possible defenses include:

  • Lack of knowledge
  • Lack of intent
  • Mistake
  • Duress (being coerced to perform a crime that you otherwise would not perform)
  • Age (being a minor may lessen the penalty imposed)

If you are facing charges of credit card theft or any other type of fraud anywhere within the state of Texas, we will:

  • Investigate the case against you
  • Investigate possible defenses and options
  • Work with you and explain your options
  • Communicate all charges and information clearly to you
  • Prepare the best defense case for your situation

When you hire an experienced Houston Criminal Defense Attorney regarding theft charges you face, we may be able to get your charges lessened or see that you get alternative sentencing for your crime.

Penalties and Sentences

There are various punishments for different types of fraud. The sentences normally depend on the nature of the fraud committed. A few of the penalties that could be assessed under Texas law include:

  • Jail or prison time
  • Fines and restitution
  • Loss of a professional license
  • Seizure of property or wage garnishment

It is extremely important that you contact Houston Credit Card Fraud Lawyer Charles Johnson as soon as you are aware of an investigation. Prosecutors often attempt to intimidate ordinary citizens into thinking the state of Texas has a clear cut case against them. Investigators often apply for search warrants in order to look for evidence that a fraud has taken place. These search warrants limit the type of evidence that may be seized, but those who are unfamiliar with how this process works may nonetheless allow law enforcement officers to overstep their bounds when serving one of these warrants.

Hire the Best Houston White Collar Crime Lawyer: The Charles Johnson Law Firm

Don’t make the mistake of waiting until it is too late to do something about it. Just because you have been charged with a theft crime in Texas does not mean that you will get the maximum punishment for that charge. You have a legal right to hire a lawyer who has experience in criminal proceedings who can help represent you and get you the best possible outcome.

Experienced Houston White Collar Crimes Lawyer Charles Johnson represents people on theft and fraud charges including robbery, burglary, petty theft, credit card theft, grand theft, embezzlement, shoplifting, forgery, passing bad checks, and obtaining money by false pretenses. There are many possible defenses for your case. Allow us the time to discuss your case with you and investigate the matter.

The Charles Johnson Law Firm will investigate your case, interview witnesses and present the best possible defense. Don’t let a mistake that you made affect the rest of your life. You may contact Houston Credit Card Fraud Lawyer Charles Johnson at (713) 222-7577 and speak with him directly anytime night or day, 7 days/ week to discuss your case.

Facing Allegations of Credit Card Fraud? Houston White Collar Crimes Lawyer Charles Johnson Can Protect Your Future

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False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

Charles Johnson: Best Houston Criminal Defense Attorney

Texas takes cases of sexual assault against a child very seriously. If the state can prove that an act involving a child was for the perpetrator’s sexual gratification, it is considered a sex crime. If there was physical contact involving sexual penetration or intrusion between the child and the accused, a sexual assault charge is likely.

Sexual allegations where children are involved are delicate and complicated cases to defend. This type of sexual accusation can be devastating in every aspect of your life. The presumption of innocence in our legal system may do little to protect those accused. Indecency with a child, like other sexual allegations, is one area where accused people often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting a skilled criminal defense attorney on your indecency case IMMEDIATELY. Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. Early on in a sex related case investigation and legal protection is imperative. Charles Johnson, Houston Sex Crimes Lawyer, will handle your case with discretion and skill. He will fight to keep you out of jail, keep your reputation intact, and fight to keep your life from falling apart.

It is well established and understood by experts that many accusations of indecency with a child and sexual assault of a child are false. Many are grossly exaggerated. The reasons giving rise to false accusations of such conduct are varied. A child can imagine or dream such an incident. Perhaps the child was abused by another previously and misinterpreted and then exaggerated innocent incidental contact. Children have been known to fabricate such accusations because they were angry at the accused or were jealous, even for the most trivial reasons. Children can be led to make such claims by another angry or jealous adult, such as the accused’s spouse or lover. They are too young to comprehend how grave such a false accusation can be.

Under Texas law, a sexual encounter with a child or sexual contact with a child is either Indecency with a Child, Sexual Assault of a Child, or Aggravated Sexual Assault of a Child, depending on the nature of the incident or contact.

Indecency with a Child. Allegations of certain types of sexual contact with a child, exposure to a child or causing the exposure of a child, who is under the age of 17, can lead to charges of Indecency with a Child. Such an offense may be a second or third degree felony. A defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Sexual Assault of a Child. If more violative and egregious contact is alleged, the accused may be charged with Sexual Assault of a Child, also a second degree felony. Again, a defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Aggravated Sexual Assault of a Child. Sexual Assault of a Child becomes “aggravated” (first degree felony) when force or threat of force is used or when the child is younger than 14 years of age, regardless of consensual behavior. This latter is also commonly known as “statutory rape”. No child under the age of 14 can consent to such conduct. Mistaken understanding about the child’s age is no defense.

The consequences of a conviction in such matters are extreme. Even if prison time is avoided, an adult’s conviction results in the requirement to register as a sex offender for the rest of one’s life, and to have one’s photograph and address flashed on the computer screen of anyone in the world who decides to access the state’s sex offender registry site.

Indecency with a Child

The commonly phrased crime of child molestation is titled Indecency with a Child in Texas. There are two types of indecency: Indecency with a Child by Contact and Indecency with a Child by Exposure (similar to Indecent Exposure but a child is present). Both are serious felonies. Both require registration as a sex offender upon conviction.

Indecency with a Child by Contact is the more serious offense. The Texas statute does not distinguish between touching under the clothes or touching over clothes ñ any sexual contact is punished as a second degree felony. A person commits the offense of Indecency with a Child by Contact if:

With a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact.

Sexual contact means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

Indecency with a Child by Exposure is a third degree felony. A person commits the offense if with intent to arouse or gratify the sexual desire of any person he:

(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or

(B) causes the child to expose the child’s anus or any part of the child’s genitals.

The two crimes are often charged in conjunction as separate paragraphs of an indictment. Double jeopardy concerns are raised when the same act is used to prosecute a person for two different crimes. In a prosecution alleging Aggravated Sexual Assault, the acts constituting the assault may also constitute separate crimes of Indecency with a Child by Contact and Indecency with a Child by Exposure. In a prosecution for Indecency with a Child by Contact involving a child touching the genitals of an adult, the crime of Indecency by Exposure would logically also have to have been committed.

Why do these details matter?

Because the rules of evidence concerning extraneous offenses, double jeopardy, the right to election, and jury unanimity are incredibly important protections for innocent people falsely accused of child sex abuse. A three count indictment is more powerful psychologically than a single allegation. Even if all three counts reference the same incident, the news media, the general public, and potential jurors are given a false impression that there was more than one incident. Second, it bolsters prosecution based upon fear rather than proof. Since most people belief “where there’s smoke, there’s fire,” a juror may still convict an innocent person of a lesser charge because while they don’t believe the accused committed the most serious act alleged, he is probably guilty of something. Alleging indecency with a child by contact and indecency with a child by exposure provide two other bites at the apple. Finally, the fundamental nature of the criminal justice system is that the greater offense subsumes the lesser. If a person is accused of murder, the State does not also try to indict him for assault and aggravated assault en route to the completed homicide. When the appellate courts allow the trial courts to aggrandize the number of offenses, it creates inconsistencies in the system.

The fundamental principle of the Constitution is that it shouldn’t matter what youre charged with ñ you have the right to a fair trial. Because of political popularity of getting tough on sex offenses, the centuries of due process and presumption of innocence is being sacrificed for cheap political gain. While this damages the credibility of our justice system in general, it is most harmful to innocent people who are falsely accused. Now that the legislature and appellate courts have rewritten the rules to make it easier to convict a group of people charged with a heinous act, pray that you are never wrongfully accused of a sex crime in Texas.

Aggravated Sexual Assault of a Child

Under most of the State laws, aggravated sexual assault against a child is clubbed with the section defining aggravated sexual assault. There are state specific laws on the subject which varies from state to state.

In Texas a person commits the offense of aggravated sexual assault against a child if he or she intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child younger than 14 years of age by any means;

(ii) causes the penetration of the mouth of a child younger than 14 years of age by the sexual organ of the actor;

(iii) causes the sexual organ of a child younger than 14 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child younger than 14 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child younger than 14 years of age to contact the anus or sexual organ of another person, including the actor;

A person can still be prosecuted for aggravated sexual assault of a child if the actor:

1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

2. by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

3. by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

4. uses or exhibits a deadly weapon in the course of the same criminal episode;

5. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

6. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.

The minimum term of imprisonment for aggravated sexual assault against a child is 25 years if the victim of the offense is younger than six years of age at the time the offense is committed; or the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

The law as it appears in the statute

Tex. Penal Code ß 22.021. Aggravated Sexual Assault

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(iii) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age; or

(C) the victim is an elderly individual or a disabled individual.

(b) In this section:

(1) “Child” has the meaning assigned by Section 22.011(c).

(2) “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).

(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).

(d) The defense provided by Section 22.011(d) applies to this section.

(e) An offense under this section is a felony of the first degree.

(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:

(1) the victim of the offense is younger than six years of age at the time the offense is committed; or

(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

What makes a Sexual Assault of a Child Charge “Aggravated?”

The offense of Sexual Assault of a Child is defined by Texas Penal Code Sec. 22.011. Basically, the offense involves sexual activity with a person under 17 years of age. Sexual Assault of a Child is Aggravated if the child is under 14 years of age, if a deadly weapon is used or serious bodily injury is threatened. Sexual Assault of a Child is, in most cases, a Second Degree Felony. (2-20 years.) Aggravated Sexual Assault of a Child is a First Degree Felony. (5 to 99 years or life.) If the child was younger than 6 if the child was under six at the time of the offense or there was violence or a threat of violence involved.

What is Indecency with a Child?

Indecency with a Child is defined by Texas Penal Code Sec. 21.11 as either engaging in sexual contact with a child or exposure of one’s anus or genitals to a child under 17 or causing the child to expose his or her anus or genitals to the actor with the intent to arouse or gratify someone sexually. Sexual contact is basically touching of the genitals with intent to arouse or gratify someone sexually. Note that some forms of genital contact may be Sexual Assault of a Child. Indecency with a Child by Contact in most circumstances is a Second Degree Felony. (2 to 20 years.) Indecency with a Child by Exposure is a Third Degree Felony. (2 to 10 years.)

Does the Age of the Accused Matter?

It is an affirmative defense to Indecency with a Child and Sexual Assault of a Child that the actor was not more than three years older than the child, and did not have a prior conviction for certain sexual offenses, and the child was older than 14 and was not related to the actor.

What Should I do if I am Contacted by the Police to Speak to them About an Allegation Against You of Child Sexual Abuse?

The first thing to do is to get a skilled criminal defense lawyer as soon as possible. We see may individuals that have placed themselves at a serious disadvantage by speaking with police investigators without the assistance of counsel. Most people have no idea how coercive police interrogations are. Many individuals come away from an intensive interrogation having said things that were not true. If you are contacted by the police to discuss an allegation of child sexual abuse (or any other type of allegation) you should immediately contact Houston Criminal Lawyer Charles Johnson. You and Attorney Johnson can make a decision about whether you should speak to the police at all. If your lawyer advises you to speak to the police, he can be with you to make sure that the questioning is fairly conducted.

How Can I Defend Myself Against a False Accusation of Child Sexual Abuse?

Houston Sexual Assault Lawyer Charles Johnson will investigate your case factually and prepare a defense. It is important to determine why the child has made the accusation. Was the child influenced by an adult? Did the allegations result from improper questioning of the child by authorities? Experts may be added to the defense team to explain to the jury circumstances that could lead to false accusations.

Does Possession of Child Pornography Violate Both State and Federal Law?

Yes. Possession of Child Pornography is prohibited by both Texas law and federal law. Child pornography cases are investigated by local law enforcement, The Texas Office of the Attorney General, the Federal Bureau of Investigation, Immigration and Customs Enforcement, United States Postal Inspectors and other agencies depending on how the images were discovered. Sometimes state law enforcement officials will begin an investigation but refer the case to the United States Attorney’s Office for prosecution in federal court.

How Can I Defend Myself Against an Accusation of Possession of Child Pornography?

In the age of the Internet, the vast majority of child pornography cases involve digital images found on computer hard drives. The defense lawyer’s first focus is on whether the discovery of the alleged illegal images was in violation of the constitutional rights of the accused. Also, the evidence must show that the accused knew that the images were on the computer hard drive. Examination of the computer’s drive by a forensic expert can sometimes uncover information about who may have place the images on the drive or whether they were intentionally placed there. Further, sometimes the evidence in the case does not prove that the images were of actual children rather than computer generated or altered images. Again, trained experts are needed to make this determination.

Laws in Texas Regarding Sexual Assault of a Child

Child sexual assault is a serious criminal offense in Texas.

Any kind of sexual conduct that harms children, whether physically, emotionally or both, is strictly prohibited in Texas. This includes sexual assault on a child, which is considered particularly heinous in the state. Consequently, engaging in these acts or failing to report this kind of abuse is a serious criminal offense, punishable to the full extent of the law.

Outlawed Acts

Texas Family Code Chapter 261 outlaws any sexual conduct directed at or involving minors as well as failure to report these acts. This includes “fondling, lewd or lascivious exposure or behavior, intercourse, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, child pornography, child prostitution and any other sexual conduct harmful to a child’s mental, emotional or physical welfare,” according to the website of the Texas Attorney General. Violators are prosecuted to the same extent whether or not children consent to these acts.

Criminal Penalties

Sexual assault and child sex abuse carries severe penalties. Typically, Texas law classifies these offenses as felonies. Additionally, there are specific categories of felonies that different sexual violations fall into in Texas. As of 2010 and according to Texas Penal Code, indecent exposure to a child is a third-degree felony, punishable by 2-10 years in prison and up to $10,000 in fines, while aggravated sexual assault on a child is a first-degree felony punishable by up to 99 years in prison and a fine of up to $10,000. (See References 2 and 4)

Offender Registration

Persons convicted of child sexual assault are required to register with law enforcement officials in Texas. Names and information regarding these convicted sexual offenders are then placed in an online database. This database is considered public record, and any member of the community may view it.

Longer Prison Terms

A series of laws known as Ashley’s Laws were enacted by the Texas legislature in late 1990s to increase penalties for those convicted of child sexual assault. Under these laws, offenders are required to serve at least 50 percent of a prison sentence before being granted parole, though they typically end up serving 80 percent of a sentence.

Harsher Penalties

Also in accordance with Ashley’s Laws, those convicted of child sexual assault in Texas who have been proven to be repeat offenders may face harsher penalties for continued sexual offenses. For example, a repeat child sexual abuser convicted of a second-degree felony may be sentenced with the same penalties as a first-degree felony under these laws. Additionally, a “two-strikes” provision was added to Texas state law for child sex offenders. Normally, a person convicted of three felonies in Texas is automatically sentenced to life in prison. This provision allows for an automatic life sentence for only two felony convictions of child sexual assault.

Mandatory Treatment

Finally, Ashley’s Laws also make it a legal requirement for convicted child sex offenders to undergo treatment in Texas. Because many traditional forms of treatment have proven ineffective in reducing child sexual abuse recidivism rates, some alternative treatments may be used, including certain behavioral modification programs. Additionally, tests may be administered to monitor progress, including the “plethysmograph” test, which monitors sexual arousal when presented with certain materials.

Sexual Assault of a Child: Hire the Best Houston Criminal Defense Attorney Charles Johnson

  • In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
  • In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
  • In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
  • In Texas, neither genital trauma nor DNA evidence is required for a conviction.
  • In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
  • In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.

With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.

If you or a loved one has been charged with the sexual assault of a child, it is important that you contact an experience defense attorney immediately. The consequences for the sexual assault of a child if convicted can be several years in prison and the requirement to register on the sex offender registry. It is never a good idea to represent yourself in court. In a case like this, it is especially important that you find an experienced defense lawyer right away. Even if you have not been charged yet, it would be helpful for you to contact us via phone, anytime night or day, for a free consultation. The defense attorneys at the Charles Johnson Law Firm have had extraordinary success in defending serious cases such as the sexual assault of a child as well as other sex crimes. There are different levels of charges as well as different penalties for charges of sexual assault of a child. During consultation we can explain to you the details of what is possible in your specific case once you provide us with details regarding the matter. Contact Houston Sex Crimes Lawyer Charles Johnson directly at (713) 222-7577 today for a free of charge consultation.

False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

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