Sex Offender Statutes

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Deviate Sexual Intercourse

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(a) any contact between any part of the genitals of one person and the mouth or anus of another person
(b) the penetration of the genitals or the anus of another person with an object

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Texas Penal Code
Sexual Contact

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any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person

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Texas Penal Code
Sexual intercourse

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any penetration of the female sex organ by the male sex organ

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Texas Penal Code
Public Lewdness

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- Class A misdemeanor
- a person commits offense if he knowingly engages in any of the following acts in public place or if not in public, he is reckless about whether another is present will be offended by:
sexual intercourse, deviate sexual intercourse, act of sexual contact, act involving contact btw mouth/genitals and the anus/genitals of animal or fowl

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Texas Penal Code
Indecent Exposure

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- Class B misdemeanor
- exposure of anus or genitals with intent to arouse or sexual gratification & is reckless

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Texas Penal Code
Indecency w/child (by exposure)

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- 3rd degree felony
- w/child younger than 17 yrs & not person's spouse
- same or opposite sex
- w/intent to arouse or sexual gratification
- exposes person's anus/genitals knowing child is present or causes child to expose anus/genitals

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Texas Penal Code
Indecency w/child (sexual contact)

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- 2nd degree felony
- any touching by a person, through clothing, anus, breast, or any part of the genitals of a child, or any part of genitals of a child

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Texas Penal Code
Improper Relationship between Educator and Student

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- 2nd degree felony
(a) an employee of public/private primary or secondary school commits offense if employee engages in sexual contact w/person enrolled in school at which the employee works and who is not the employee's spouse

if conduct that constitutes offense under this section also constitues an offense under another section of code, actor may be prosecuted under either section or both

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Texas Penal Code
Improper Photography or Visual Recording

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- Jail felony
offender visually records (1) without other person's consent and with intent to arouse or sexual gratification of any person (2) or knowing the character/content promotes photograph/recording described by subdivision (1).

if conduct that constitutes offense under this section also constitues an offense under another section of code, actor may be prosecuted under either section or both

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Texas Penal Code
Sexual Assault

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- 2nd degree felony
Intentionally or knowingly: causes penetration of anus or sexual organ of another person by any means without that person's consent (b) causes penetration of the mouth by sexual organ w/out consent (c) causes sexual organ of another to contact/penetrate sexual organ of another person

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Aggravated Sexual Assault

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- 1st degree felony
Causes serious bodily injury or attempts to cause the death of the individual in the same criminal episode (along w/ other elements of sexual assault)
Places victim in fear of serious BI, death, or kidnapping ( fear perp will do to another person)
Exhibits a deadly weapon during episode
Acts in concert w/ another person
The victim is an elderly or disabled person

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Texas Penal Code
Sexual Assault of a Child

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- 2nd degree felony
(A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

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Texas Penal Code
Aggravated Sexual Assault of a Child

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-1st degree felony
sexual assault of child and the child was younger than 14 yrs. old

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Texas Penal Code
Aggravated Sexual Assault of an adult

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(1) use of physical force or violence;
(2) threatening to use force or violence and vic believes perp has the present ability to execute the threat;
(3) victim is unconscious or physically unable to resist
(4) victim has mental disease or defect & incapable either of appraising the nature of the act or of resisting it;
(5) victim not consented & the actor knows the victim is unaware the sexual assault is occurring;
(6) victim was drugged by administering any substance without the other person's knowledge;
(7) threatening to use force or violence against any person, and the other person believes the perp has the ability to execute the threat;
(8) public servant who coerces the other person to submit or participate;
(9) mental health services provider/health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;
(10) perp is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or
(11) perp is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code. An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

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Texas Penal Code
Online Solicitation of a Minor

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A person who is 17 years of age or older commits an offense if, w/ intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor. (state jail felony)
(3) over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, w/ intent the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse w/ the actor or another person. (3rd deg. felony, except if minor is younger than 14 is a 2nd deg)

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Code of Criminal Procedure
Limitations on Judge Ordered Community Supervision

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Cannot place under supervision offender “adjudged guilty” of:
Indecency w/ a Child
Agg. Sexual Assault (including child)
Sexual Assault (including of a child)
Deferred b/c they’re not adjudged guilty!
- Period of supervision may not be less than five yrs