Registration. Reputation. Freedom. Everything Is on the Line.

Sex crime allegations carry consequences that begin long before any verdict is reached. An accusation can affect your reputation, employment, and freedom.

While a sex crime can feel overwhelming, nothing changes the State’s enormous burden of proof. Every element of the offense must be established beyond a reasonable doubt, and the evidence must hold up to the same scrutiny it would face in any other criminal case.

At Denuna & Westbrook, PLLC, we understand the weight of these cases and the urgency they require. We represent individuals facing sex and indecency crime allegations throughout Houston and the Gulf Coast region. Every case is approached with the seriousness it deserves.

Texas law covers a broad range of offenses classified as sex crimes, from misdemeanor indecency allegations to serious First-Degree Felony charges carrying life in prison. The specific charge, the allegations involved, and the relationship between the parties all shape what the State must prove and where the defense begins.

Sexual Assault and Aggravated Offenses

These are the most serious sex crime charges under Texas law. Each requires proof of specific conduct, a specific mental state, and in aggravated cases, additional elements that elevate the offense.

Sexual Assault

Under Texas Penal Code Section 22.011, Sexual Assault involves allegations that a person intentionally or knowingly caused the penetration of another person without that person’s consent, or caused sexual contact with a person the defendant knew was incapable of consenting. Sexual Assault is a Second-Degree Felony carrying two to twenty years in prison.

Consent, the credibility of the allegations, the relationship between the parties, and the reliability of the evidence drive most sexual assault defenses. The circumstances surrounding the alleged conduct, prior communications, and the consistency of witness statements all become significant areas of examination and potential challenges.

Plea negotiations require careful evaluation and meaningful discussion. The specific terms of any resolution, including the offense, sentence, and sex offender registration consequences, must be reviewed in detail before reaching any agreement.

Attempted Sexual Assault

Attempted Sexual Assault under Texas Penal Code Sections 22.011 and 15.01 arises when a person takes a substantial step toward committing Sexual Assault but does not complete the act. An attempt to commit a Second-Degree Felony is a Third-Degree Felony carrying two to ten years in prison.

Make no mistake: Attempted Sexual Assault is a serious felony. A conviction results in a permanent record, potential prison time, and triggers sex offender registration. But the difference between a Second-Degree Felony and a Third-Degree Felony is real, both in punishment range and registration consequences. When the evidence is contested or the State’s case has identifiable weaknesses, a potential reduction in charges is always worth pursuing.

Indecent Assault

Under Texas Penal Code Section 22.012, Indecent Assault occurs when a person, without the other person’s consent and with intent to arouse or gratify the sexual desire of any person, touches the anus, breast, or any part of the genitals of another person, touches another person with their own anus, breast, or genitals, exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks, or female areola, or causes another person to contact bodily fluids. A first-time offense is charged as a Class A misdemeanor carrying up to one year in county jail and a fine of up to $4,000.

The potential charge escalates in specific circumstances. Under Section 22.012, a prior conviction elevates the offense to a State Jail Felony. If the defendant is a health care or mental health services provider and the conduct occurred during the course of treatment and beyond the scope of generally accepted practices, the offense is also a State Jail Felony.

To meet its burden, the State must prove the defendant’s actions were done with intent to arouse or gratify sexual desire. Accidental contact, contact made in the course of a physical altercation without sexual intent, and disputed accounts of what actually occurred all raise legitimate defense issues. Consent is also a complete defense under Section 22.012, and the circumstances surrounding the alleged contact, the relationship between the parties, and prior communications are all relevant to whether the State can prove the case.

Section 22.012 is not listed as a reportable conviction or adjudication under Chapter 62 of the Texas Code of Criminal Procedure, meaning a conviction for Indecent Assault does not trigger sex offender registration. That distinction makes Indecent Assault a meaningful target for plea negotiations in cases involving more serious sex offenses, where the evidence is contested or the facts support a reduction. Reducing a Second or Third-Degree Felony to Indecent Assault preserves a client’s ability to live, work, and move through the community without the lifelong consequences of sex registration.

Aggravated Sexual Assault

Under Texas Penal Code Section 22.021, Aggravated Sexual Assault involves the same conduct as Sexual Assault with additional aggravating circumstances, including the use of a deadly weapon, causing serious bodily injury, acting in concert with another person, administering a substance to impair the victim, or when the victim is a child under fourteen.

Aggravated Sexual Assault is a First-Degree Felony carrying five to ninety-nine years or life in prison. When the victim is a child under six, or a child under fourteen with certain aggravating factors present, the minimum sentence is twenty-five years.

Offenses Involving Children

For obvious reasons, Texas law applies heightened punishment and mandatory registration requirements to offenses involving children. Many of these cases involve delayed disclosures, forensic interviews, and credibility issues that require detailed examination of how the investigation was conducted and how the evidence was gathered.

Indecency with a Child

Under Texas Penal Code Section 21.11, Indecency with a Child involves allegations of sexual contact with a child under seventeen, or exposure with intent to arouse or gratify sexual desire. The distinction between contact and exposure is one of the most significant issues in these cases, not just for the immediate charge, but for the long-term registration consequences.

A contact offense is a Second-Degree Felony carrying two to twenty years. An exposure offense is a Third-Degree Felony carrying two to ten years. A contact conviction requires lifetime sex offender registration. An exposure conviction requires registration for ten years. That difference shapes the entire trajectory of a person's life after the case is resolved.

When the evidence is contested or the facts are ambiguous, working toward a resolution that reflects the actual conduct alleged rather than the most serious available charge becomes a primary defense goal. Denuna & Westbrook, PLLC has negotiated resolutions in indecency cases that resulted in findings of exposure, rather than actual contact, preserving a reduced sex registration period. Those outcomes require thorough examination of the evidence, the forensic interviews, the reliability of the disclosures, and a defense built around what the State can actually prove.

These cases may involve delayed disclosures, child witness testimony, forensic interviews conducted months or years after the alleged conduct, and credibility issues that require close examination. The circumstances surrounding a disclosure, who first received it, how questions were asked, and what other influences may have affected the account all become significant issues for the defense.

Online Solicitation of a Minor

Under Texas Penal Code Section 33.021, Online Solicitation of a Minor involves allegations that a person communicated in a sexually explicit manner with a minor or distributed sexually explicit material to a minor with intent to arouse or gratify sexual desire. It is a Third-Degree Felony, enhanced to a Second-Degree Felony when the minor is under fourteen.

These cases frequently involve law enforcement sting operations where officers pose as minors online. Whether the defendant actually believed they were communicating with a minor, whether inducement or entrapment occurred, and whether the investigation complied with constitutional requirements are significant defense issues in these prosecutions.

Improper Relationship Between Educator and Student

Under Texas Penal Code Section 21.12, an employee of a public or private primary or secondary school who engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a student enrolled in the school commits a Second-Degree Felony carrying two to twenty years in prison. The statute applies regardless of the student’s age and regardless of whether the conduct was consensual. The student’s consent is not a defense.

These cases commonly involve teachers, coaches, tutors, aides, and other school employees. When a person in a position of trust and authority is accused, the consequences begin early in the case. Arrests draw immediate media attention. Careers, certifications, and professional reputations are all affected. The damage to a person’s standing in the community can be severe and lasting, even if the case is later reduced or dismissed.

When defending these cases, we look at whether the accused was actually a school employee within the meaning of the statute, whether the alleged victim was actually enrolled in the school, the nature and extent of the relationship, and whether the alleged conduct actually occurred. The employment relationship and enrollment status are elements the State must prove, and those elements deserve careful examination.

Given the public nature of these cases and the immediate harm an accusation produces, having experienced defense counsel involved from the earliest possible stage makes a real difference in how the case develops and how the narrative is shaped.

Recording, Disclosure, and Privacy Offenses

In recent years, Texas law has expanded to include sex offenses involving the internet, social media, and technology. These cases arise from recordings made without consent, images shared without permission, and conduct that violates a person’s reasonable expectation of privacy.

Invasive Visual Recording

Under Texas Penal Code Section 21.15, Invasive Visual Recording involves photographing or recording another person in a bathroom, dressing room, or other location where the person has a reasonable expectation of privacy, or recording under another person’s clothing without consent. These offenses are charged as a State Jail Felony carrying 180 days to two years in a state jail facility and a fine of up to $10,000.

These cases arise from a wide range of circumstances such as hidden cameras in private spaces and recordings made under clothing in public areas. Technology has made this offense easier to commit and detect, and prosecutors pursue these cases with the same seriousness as other sex-related felonies.

The defense focuses on several distinct issues. The location itself is not always clear, and some spaces fail to meet the statute’s requirement for a reasonable expectation of privacy. Consent is frequently contested. The State must also prove the device actually captured something and the recording depicts what’s listed in the charge. Because these cases involve digital evidence, there could be issues with how the evidence was discovered, preserved, and handled.

Unlawful Disclosure of Intimate Visual Material

Under Texas Penal Code Section 21.16, the unlawful disclosure of intimate visual material, commonly known as the “revenge porn” law, involves disclosing visual material depicting another person in an intimate manner without their consent and with intent to harm that person. This is a State Jail Felony carrying 180 days to two years in a state jail facility and a fine of up to $10,000. The offense also covers threatening to disclose intimate material to obtain a benefit and promoting intimate material on a website or platform the person owns or operates.

Intent is what separates a criminal disclosure from a civil dispute. The State must prove the disclosure was made with an intent to harm. The defense focuses on how the material was obtained, whether sharing was consensual, what motivated the disclosure, and whether any harm actually occurred. Cases where images were obtained consensually, shared in the context of a relationship, or disclosed without a clear intent to harm present genuine defense opportunities.

Exposure Offenses

Texas law distinguishes between simple exposure and exposure that includes sexual intent. That distinction determines both the classification of the offense and the registration consequences that may follow.

Indecent Exposure

Under Texas Penal Code Section 21.08, Indecent Exposure occurs when a person exposes their anus or any part of their genitals with intent to arouse or gratify the sexual desire of any person, while being reckless about whether another person is present who will be offended or alarmed. It’s a Class B misdemeanor carrying up to 180 days in county jail and a fine of up to $2,000.

The charge escalates with prior convictions. A first prior conviction elevates the charge to a Class A misdemeanor. Two or more prior convictions elevate it to a State Jail Felony. Repeated convictions can trigger sex offender registration under Code of Criminal Procedure Article 62.001(5)(F), resulting in one of the most life-altering outcomes in the criminal justice system.

Intent plays a critical role in these cases. The State must prove the reported exposure was made with intent to arouse or gratify sexual desire. Accidental exposure, urination in public, changing clothes, or exposure without any sexual intent does not satisfy the statute.

Disorderly Conduct Involving Exposure

A separate and lesser offense exists under Texas Penal Code Section 42.01 for simple exposure. In these cases, a person must expose their anus or genitals in a public place. This is a Class C misdemeanor carrying a fine of up to $500 and no jail time.

Unlike Indecent Exposure under Section 21.08, Disorderly Conduct involving exposure requires no proof of intent to arouse or gratify sexual desire. The exposure itself is sufficient.

When a client is charged with Indecent Exposure, that distinction shapes the entire negotiation. A Class C conviction is a fine-only offense, creates a less serious criminal record, and carries no risk of sex offender registration. For a client facing a Class B Indecent Exposure with prior convictions, reducing the charge to a Class C Disorderly Conduct can be the difference between a fine and a decade on the sex offender registry. That outcome requires identifying the right defense issues and presenting them effectively before reaching any resolution.

Prostitution and Solicitation

Texas law distinguishes between the person offering sexual conduct for a fee and the person paying, and the consequences on each side have grown significantly further apart in recent years. All three offenses below share a common defense issue: the agreement element, not the payment or the conduct, is what the State must prove.

Prostitution

Under Texas Penal Code Section 43.02, a person commits Prostitution by offering or agreeing to engage in sexual conduct for a fee. The charge escalates with each offense: a first offense is a Class B misdemeanor, a second offense is a Class A misdemeanor, and a third offense becomes a State Jail Felony.

The agreement is what the defense focuses on in every prostitution case. The offense doesn’t require that sexual conduct occurred. It requires proof of an offer or agreement, neither of which has to be explicit. References to “roses,” “donations,” or “gifts” are regularly used as evidence of a fee agreement. Prosecutors and investigators know the code, and they use it. The State must prove a knowing offer or agreement. Sting operations and undercover contacts raise additional questions about the encounter, whether there was a knowing agreement, and whether the conduct established prostitution.

Solicitation of Prostitution

Under Texas Penal Code Section 43.021, a first offense is charged as a State Jail Felony, carrying 180 days to two years in a state jail facility and a fine of up to $10,000. The legislature made this change to combat human trafficking, becoming the first state to charge solicitation as a felony offense.

Depending on the circumstance, a first-time offense can result in enhanced consequences and punishments. If the person solicited is under eighteen, represented as being under eighteen, or believed by the actor to be under eighteen, the charge becomes a Second-Degree Felony regardless of whether the actor actually knew the person’s age. If the offense occurred within 1,000 feet of a school, the charge is enhanced by one level. For those with a prior conviction for solicitation, the charge elevates to a Third-Degree Felony.

Before 2021, many of these cases were charged as misdemeanors and resolved through diversion programs or dismissals with conditions. That path is largely gone, as the felony classification changed everything. The quality of the investigation, the procedures used in any sting operation, and the evidence gathered matter more than ever.

The same agreement element that governs prostitution applies here, but with higher stakes. No payment is required. No sexual contact. The offense is complete the moment an offer or agreement is made, and that agreement doesn't have to be explicit. The State must prove a knowing offer or agreement, not simply that a conversation occurred or that someone responded to an ad. That distinction is where most of these defenses are built.

Promotion of Prostitution

Under Texas Penal Code Section 43.03, Promotion of Prostitution occurs when a person knowingly receives money or other property from someone engaged in prostitution or solicits another person to engage in prostitution for compensation. This is a State Jail Felony. When the person being promoted is under eighteen, the offense becomes a Second-Degree Felony, regardless of whether the actor knew the person’s age.

Aggravated Promotion of Prostitution under Section 43.04 applies when a person knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise using two or more people. This is a First-Degree Felony carrying five to ninety-nine years or life in prison. Texas has also created separate offenses for Online Promotion of Prostitution under Section 43.031 and Aggravated Online Promotion under Section 43.041.

These cases frequently arise alongside human trafficking allegations under Chapter 20A of the Texas Penal Code. The overlap between promotion of prostitution and trafficking charges means that an arrest for one offense may quickly expand into the other. Understanding the full scope of potential exposure from the very beginning is essential.

Prior Convictions and Enhanced Punishment

Prior sex crime convictions carry severe enhancement consequences. Under Texas Penal Code Section 12.42(c)(2), a defendant with a prior conviction for certain enumerated sex offenses who is convicted of a new qualifying offense shall be punished by imprisonment for life. Understanding the full scope of your prior record and how it interacts with the current charge is essential from the very beginning of the case.

Sex Offender Registration: Understanding the Obligation

Under Chapter 62 of the Texas Code of Criminal Procedure, a person convicted of a reportable sex offense must register with local law enforcement in every jurisdiction where they reside, work, or attend school. For many offenses, registration is required for life. This is a life-altering outcome, extending into every area of daily life.

When registration begins depends on how the case is resolved. A person who serves time in prison must register upon release. A person placed on probation, including deferred adjudication, must register from the very beginning of the supervision period. It starts immediately and runs throughout the entire term of supervision.

Once probation or deferred adjudication ends, the ten-year or lifetime registration clock begins. This means a client who completes a five-year probation term before the formal registration period starts has already spent five years on the registry. For someone facing a ten-year registration requirement, that means the total time on the registry could be fifteen years or longer. For someone facing a lifetime obligation, the probation period is simply added to a requirement that never ends. Understanding the full timeline, not just the classification on paper, is essential during pretrial negotiations.

Not all registration periods are the same. A plea that looks favorable on the surface may carry a lifetime registration consequence. Here’s the breakdown:

Lifetime Registration	10-Year Registration
Continuous Sexual Abuse of a Young Child or Disabled Individual (Sec. 21.02)	Indecency with a Child by Exposure only (Sec. 21.11)
Indecency with a Child by Contact (Sec. 21.11)	Online Solicitation of a Minor (Sec. 33.021)
Sexual Assault (Sec. 22.011)	Invasive Visual Recording (Sec. 21.15)
Aggravated Sexual Assault (Sec. 22.021)	Unlawful Disclosure of Intimate Visual Material (Sec. 21.16)
Aggravated Promotion of Prostitution (Sec. 43.04)	Solicitation of Prostitution involving a minor — Second-Degree Felony (Sec. 43.021)
Compelling Prostitution (Sec. 43.05)	Second conviction for Indecent Exposure (Sec. 21.08)
Sexual Performance by a Child (Sec. 43.25)	Bestiality (Sec. 21.09)
Possession or Promotion of Child Pornography (Sec. 43.26)	Prohibited Sexual Conduct (Sec. 25.02)
Aggravated Kidnapping with intent to sexually abuse the victim (Sec. 20.04)
Burglary committed with intent to commit a sexually violent offense (Sec. 30.02)

Sex Offender Registration and What It Means for the Rest of Your Life

The consequences of registration extend into every area of daily life.

Residence Restrictions.

Sex offender registration imposes residence restrictions that narrow housing options dramatically. Many jurisdictions prohibit registered offenders from residing within 1,000 feet or more of schools, daycare centers, parks, playgrounds, and other locations where children gather. In a city like Houston, those restrictions can eliminate entire neighborhoods. Rental applications require disclosure, and most landlords decline applicants who appear on the registry. A home that complies today may not comply tomorrow if a school or daycare opens nearby. Finding housing that meets the legal requirements and that a landlord will accept is one of the most practically difficult consequences of registration.

Employment Issues.

Many employers screen for sex offender registration, and many professions are effectively closed to registered offenders. The registration requirement alone can destroy careers and lead to financial hardship that outlasts the criminal case by years or decades.

Public Information.

Registration information is accessible online for anyone to see. Neighbors, employers, landlords, and anyone who searches your name can find it. Most people never know what's in someone's criminal record, but everyone can see what's on the registry. The registry doesn't stay in the courthouse. It follows a person into every neighborhood, every workplace, and every relationship they form.

Deferred Adjudication Won't Help in Most Sex Crime Cases

In many criminal cases, deferred adjudication offers a meaningful path forward. Complete the terms of supervision and the case is dismissed without a final conviction. Sex crime cases don't work that way and recognizing that distinction before accepting any resolution is essential.

Under Texas law, a person who receives deferred adjudication for most sex offenses is still required to register as a sex offender – potentially for life. The registration obligation attaches to the deferred adjudication itself, not to a final conviction. A client who accepts deferred adjudication on a sex crime charge may face the same registration consequences as one who was convicted at trial.

The criminal record doesn’t disappear either. Offenses requiring sex offender registration are ineligible for nondisclosure under Texas Government Code Section 411.074, regardless of how the case is resolved. The record cannot be sealed, and successful completion of deferred adjudication provides no path to hiding it from employers, landlords, or background checks. The case may get dismissed, but the record and registration remain.

False Allegations and Unreliable Evidence

Not every sex crime allegation is accurate. These cases arise from relationship disputes, custody conflicts, misunderstandings, delayed disclosures, and situations where the full context of what occurred is far more complicated than the initial accusation suggests.

The evidence in sex crime cases consists of witness testimony, forensic interviews, medical examinations, electronic communications, and DNA evidence. Each requires careful examination. Forensic interview techniques used with child witnesses can affect the reliability of disclosures. Medical evidence may be misinterpreted or inconclusive. Electronic communications require context that may not appear in the records themselves. DNA evidence requires proper collection, handling, and analysis. Law enforcement sting operations raise their own defense issues: whether the defendant actually believed they were communicating with a minor, whether inducement or entrapment occurred, and whether the investigation complied with constitutional requirements.

Defending Sex Crimes and Indecency Allegations in Texas

Sex crime investigations move quickly. Evidence is gathered, witnesses are interviewed, and forensic examinations are conducted before the defense has any opportunity to participate. By the time charges are filed, the State’s version of events is already well established. Getting involved early gives the defense a chance to identify and preserve evidence, locate witnesses, and begin building a complete picture of what actually occurred before the prosecution’s narrative becomes the only one that matters.

Chris Denuna and Nick Westbrook have handled sex and indecency crime cases at every level, from misdemeanor allegations to First-Degree Felony prosecutions where the consequences included life in prison and lifetime sex offender registration. These cases demand preparation, sensitivity, and legal knowledge. Every aspect of the State’s case is examined: the investigation, the reliability of the evidence, the forensic procedures, the credibility of the witnesses, and whether every required element can actually be proven beyond a reasonable doubt.

The burden of proof doesn’t change because the allegations are serious. The State must still prove every element, and that burden is where the defense begins.

Frequently Asked Questions — Sex & Indecency Crimes in Texas

Will I have to register as a sex offender if I accept deferred adjudication?

For most sex offenses, yes. Deferred adjudication triggers registration requirements in many cases, and the registration obligation may be for life. This is one of the most important considerations when evaluating potential plea bargains.

How long does sex offender registration last?

For many offenses, registration is required for life. For others, the period may be ten years. The specific offense determines the registration period.

Can I be convicted based solely on another person's testimony?

Yes. Texas law does not require corroboration of a complainant's testimony in most sex crime cases. The credibility of that testimony, and all available evidence bearing on it, becomes the central issue in the defense.

What if the alleged victim is lying?

False allegations occur in sex crime cases. A thorough examination of the evidence, the circumstances surrounding the accusation, prior communications, and inconsistencies in the account may reveal issues that affect the credibility of the allegation.

What if law enforcement was posing as a minor in an online conversation?

Sting operations raise specific defense issues including whether you actually believed you were communicating with a minor, whether inducement or entrapment occurred, and whether the investigation complied with constitutional requirements.

Will a sex crime charge affect my employment before the case is resolved?

Yes. An arrest or charge may appear on background checks and can affect employment, professional licensing, and housing.

Does deferred adjudication avoid sex offender registration?

Not for most sex offenses. Registration attaches to the deferred adjudication itself, not just to a final conviction. A person who receives deferred adjudication on most sex offense charges may still be required to register for life.

Contact a Houston Sex & Indecency Crimes Defense Lawyer Today

Sex and indecency crime allegations require an immediate, thorough, and experienced response. The consequences of these cases, from registration to prison to the impact on every aspect of your life, demand that the defense begin as early as possible.

Denuna & Westbrook, PLLC represents individuals facing sex and indecency crime charges throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.