Houston Defense Lawyer for Sexual Performance by a Child

//Sexual Performance by a Child
Sexual Performance by a Child2018-02-27T19:57:10+00:00

Sexual Performance by a Child in Texas

The general Sexual Performance by a Child Law and full text can be found in section 43.25 of the Texas Penal Code.

You can be charged with Sexual Performance by a Child in Texas if, knowing the character and content, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance.  A parent or legal guardian can be charged if they consent to the participation by the child in the sexual performance.

  • If you are charged with the above it is a 2nd Degree Felony (see below). However, if the child is younger than 14, then it is a 1st Degree Felony (whether you knew the age or not).

You can also be charged with Sexual Performance by a Child in Texas if you, knowing the character and content of the material, produce, direct, or promote a performance that includes sexual conduct by a child younger than 18.

  • If you are charged under this section, then it is a 3rd Degree Felony. However, if the child is younger than 14 than it is a 2nd Degree Felony (whether you knew the age or not)

Defenses for Sexual Performance by a Child

It is an affirmative defense that –

  • The Accused was the spouse of the child at the time of the offense
  • The conduct was for educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose, OR
  • The Accused is not more than 2 years older than the child

Range of Punishments for Sexual Performance by a Child

  • 3rd Degree Felony – The range of punishment is 2-10 years in prison and a fine of up to $10,000
  • 2nd Degree Felony – The range of punishment is 2-20 years in prison and a fine of up to $10,000
  • 1st Degree Felony – The range of punishment is 5-99 years in prison and a fine of up to $10,000

What do I do if I am charged with Sexual Performance by a Child?

Sexual Performance by a Child is a serious case.  Depending on how you are charged, the range of punishment could start at 2 or 5 years in prison.  You cannot adequately represent yourself.  You need someone who is going to fight for you.

I am a firm believer that everyone deserves to be defended the proper way.  Many attorneys simply go through the motions and try to sign you up for a plea bargain as quickly as possible, I don’t work that way.  I let my clients know ahead of time that their case could take a while, and that is because I take my time to do the best job possible.

If you are not guilty of your charge, then I will put my fist down and fight for you.  If you are guilty and do not want to go to trial, then my job shifts to attempting to humanize you to get you the best possible outcome.  I am a firm believer that not everyone who commits a crime is a bad person.  People make mistakes, even horrible mistakes.  I will be by your side, and I will learn as much about you as I can, to be able to communicate that to the individuals prosecuting you.

Get a Free Consultation

I would be happy to talk to you about your case.  You need a lawyer as soon as possible.  Call me today, Houston Criminal Defense Attorney Eric Benavides, at 713-222-2828.  The road to the rest of your life starts here. You can also contact me about your case by filling in the following information. The first consultation is always free.