Protecting Your Rights, Your Freedom, Your Future: Sex Crimes With a Minor Defense in Austin, Texas
A sex crime allegation involving a minor is one of the most devastating accusations a person can face. The mere charge—even before any trial—can destroy your reputation, cost you your job, and separate you from your family and friends. If convicted, the consequences are unimaginable: decades or life in prison, mandatory sex offender registration for life, loss of parental rights, and a lifetime of stigma. The stakes could not be higher. The need for experienced, aggressive legal representation could not be more urgent.
At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against sex crimes involving minors. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to sex crime defense. We understand that these cases are often built on accusations alone, with little physical evidence, and frequently involve delayed reporting—and that a skilled defense can expose weaknesses in the State’s case, challenge unreliable witnesses, and protect your rights.
Whether you are facing allegations of indecency with a child, sexual assault of a child, continuous sexual abuse of a young child, online solicitation of a minor, or possession of child pornography, we provide the strategic guidance and aggressive representation you need to protect your freedom, your reputation, and your future.
Understanding Sex Crimes With a Minor in Texas
Sex crimes involving minors encompass a range of offenses under Texas law, each carrying severe penalties. Understanding the specific charge you face is essential to building your defense.
Indecency with a Child:
Under Texas Penal Code Section 21.11, indecency with a child occurs when a person engages in sexual contact with a child under 17, or exposes themselves to a child under 17 with the intent to arouse or gratify sexual desire. This is a second-degree felony punishable by 2 to 20 years in prison.
Sexual Assault of a Child:
Under Texas Penal Code Section 22.011, sexual assault of a child occurs when a person intentionally or knowingly causes the penetration of a child under 17. This is a second-degree felony punishable by 2 to 20 years in prison.
Aggravated Sexual Assault of a Child:
Aggravated sexual assault occurs when the child is under 14, when the person causes serious bodily injury, or when the person uses or exhibits a deadly weapon. This is a first-degree felony punishable by 5 to 99 years or life in prison.
Continuous Sexual Abuse of a Young Child:
Under Texas Penal Code Section 21.02, continuous sexual abuse occurs when a person commits two or more acts of sexual abuse against a child under 14 over a period of 30 days or more. This is a first-degree felony punishable by 25 to 99 years or life in prison—with no possibility of parole until the defendant has served 35 years.
Online Solicitation of a Minor:
Under Texas Penal Code Section 33.021, online solicitation occurs when a person over 17 uses the internet to communicate with a minor (or someone they believe is a minor) with the intent to commit certain sex crimes. This is a third-degree felony (if no meeting occurs) or a second-degree felony (if a meeting occurs).
Possession of Child Pornography:
Under Texas Penal Code Section 43.26, possession of child pornography occurs when a person knowingly possesses visual material depicting a child engaging in sexual conduct. This is a third-degree felony punishable by 2 to 10 years in prison. Distribution or production carries higher penalties.
For families in Austin, a sex crime with a minor charge is among the most serious criminal allegations possible.
What Is the Penalty for Sex Crimes With a Minor in Texas?
The penalties for sex crimes with a minor depend on the specific offense and any aggravating factors.
Third-Degree Felony:
- Possession of Child Pornography: 2 to 10 years in prison
- Online Solicitation (no meeting): 2 to 10 years in prison
Second-Degree Felony:
- Indecency with a Child: 2 to 20 years in prison
- Sexual Assault of a Child: 2 to 20 years in prison
- Online Solicitation (with meeting): 2 to 20 years in prison
First-Degree Felony:
- Aggravated Sexual Assault of a Child: 5 to 99 years or life in prison
- Continuous Sexual Abuse of a Young Child: 25 to 99 years or life in prison (35-year minimum before parole eligibility)
Collateral Consequences:
- Sex Offender Registration: Lifetime registration required for all of these offenses
- Civil Commitment: Sexually violent predators may be civilly committed to a treatment facility after completing their criminal sentence
- Loss of Parental Rights: May lose custody of children
- Employment Restrictions: Cannot work in schools, daycare centers, or positions involving children
- Housing Restrictions: Cannot live within 1,000 feet of schools, parks, or daycare centers
- Immigration Consequences: Non-citizens face mandatory deportation
For families in Austin, the penalties for sex crimes with a minor are among the most severe in Texas law.
How to Defend Sex Crimes With a Minor Charges
Defending against sex crimes with a minor charges requires a strategic approach. The State often relies heavily on the word of the accuser, and the defense must expose weaknesses in that testimony.
Defense 1: False Allegations
False allegations of sex crimes against minors arise in many contexts:
- Custody Disputes: In contentious divorces, one parent may accuse the other to gain advantage in custody proceedings
- Retaliation: The accuser may be retaliating for a perceived wrong
- Mental Health Issues: The accuser may have mental health issues that cause them to make false allegations
- Miscommunication: A child may misinterpret innocent contact
- Delayed Reporting: When allegations are made years after the alleged incident, memories fade and motives may be questioned
Evidence of false allegations may include:
- Inconsistent statements by the accuser
- Motive to lie (custody disputes, financial gain, revenge)
- Witnesses who contradict the accuser’s story
- The absence of physical evidence
- Prior false allegations by the same accuser
Defense 2: Mistaken Identity
In some cases, the accuser may have misidentified the perpetrator. Your attorney can challenge:
- The circumstances of the identification
- Whether the accuser had a prior relationship with the alleged perpetrator
- Whether the description matches the defendant
Defense 3: Lack of Physical Evidence
Many sex crime cases lack physical evidence. Without DNA, injuries, or other corroborating evidence, the State’s case rests entirely on the word of the accuser. Your attorney can argue that the State has failed to meet its burden of proof.
Defense 4: Challenging Forensic Interviews
Child accusers are often interviewed by forensic interviewers at Child Advocacy Centers. Your attorney can challenge:
- The methodology of the interview
- Whether the interviewer used leading questions
- Whether the interviewer was properly trained
- Whether the child was coached
Defense 5: Challenging Outcry Witnesses
In child sexual abuse cases, the State often calls an “outcry witness”—the first adult the child told about the alleged abuse. Your attorney can challenge:
- Whether the outcry was spontaneous or coerced
- Whether the witness’s testimony is consistent
- Whether the witness has an agenda
Defense 6: Challenging Digital Evidence
In online solicitation and child pornography cases, digital evidence is critical. Your attorney can challenge:
- Whether you were the person using the device
- Whether the evidence was obtained lawfully
- Whether the evidence was tampered with
- Chain of custody issues
For families in Austin, a strong defense can mean the difference between a lifetime in prison and acquittal.
The Role of Child Advocacy Centers
In Texas, allegations of child sexual abuse are often investigated through Child Advocacy Centers (CACs). Understanding how CACs operate is essential to your defense.
What CACs Do:
- Conduct forensic interviews of child accusers
- Coordinate investigations between law enforcement and child protective services
- Provide medical evaluations
- Offer counseling services
Problems with CAC Investigations:
- Leading Questions: Interviewers may use leading questions that suggest answers
- Multiple Interviews: Children may be interviewed multiple times, increasing the risk of contamination
- Confirmation Bias: Investigators may seek evidence that confirms their suspicions while ignoring evidence that contradicts them
- Lack of Recording: In some cases, interviews are not recorded, making it difficult to challenge the methodology
Challenging CAC Evidence:
Your attorney can:
- Obtain recordings of forensic interviews
- Hire experts to review the methodology
- Challenge the qualifications of the interviewer
- Present alternative explanations for the child’s statements
For families in Austin, understanding CAC investigations is critical to your defense.
Online Solicitation of a Minor
Online solicitation cases involve allegations that a person used the internet to communicate with a minor for the purpose of committing a sex crime.
How These Cases Arise:
- Undercover officers pose as minors on social media, dating apps, or chat rooms
- Officers engage in conversations with potential offenders
- Officers seek to establish an agreement to meet for sexual purposes
Defending Online Solicitation Cases:
- Entrapment: Did the officer induce you to commit an offense you would not otherwise have committed?
- Identity: Were you the person using the device?
- Intent: Did you actually intend to meet? Or were you just curious?
- Age: Did you believe the person was an adult?
The Importance of Digital Evidence:
Your attorney can challenge:
- Whether you were the person using the device
- Whether the communications were accurately captured
- Whether the evidence was obtained lawfully
- Whether the officer engaged in entrapment
For families in Austin, online solicitation cases require a thorough understanding of digital evidence and entrapment defenses.
Possession of Child Pornography
Possession of child pornography is a serious felony that carries mandatory sex offender registration.
What Constitutes Possession:
- Knowingly possessing visual material (photos, videos, digital files)
- That depicts a child engaging in sexual conduct
- Knowing that the material depicts a child
Defending Possession Cases:
- Lack of Knowledge: Did you know the material was on your device?
- Unintentional Possession: Did the material download without your knowledge?
- Identity: Were you the person using the device?
- Lawful Possession: Is the material legally exempt (e.g., artistic or educational)?
Challenging Digital Evidence:
Your attorney can challenge:
- Chain of custody
- Whether the device was properly searched
- Whether the files were actually on the device
- Whether the images meet the legal definition of child pornography
For families in Austin, possession of child pornography charges require a sophisticated understanding of digital forensics.
Continuous Sexual Abuse of a Young Child
Continuous Sexual Abuse of a Young Child is one of the most serious charges in Texas law.
The Elements:
- Two or more acts of sexual abuse
- Against a child under 14
- Over a period of 30 days or more
The Penalty:
- First-degree felony: 25 to 99 years or life in prison
- No parole eligibility until 35 years have been served
Defending Continuous Sexual Abuse:
- Challenge the individual acts: If the State cannot prove the underlying acts, the continuous charge fails
- Challenge the timeframe: Did the acts occur within a 30-day period?
- Challenge the victim’s credibility: If the victim is not credible on one act, the entire case is weakened
For families in Austin, continuous sexual abuse charges require the most aggressive defense.
Frequently Asked Questions About Sex Crimes With a Minor in Austin, Texas
When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about sex crimes with a minor. Here are the answers to the most common inquiries we receive.
What is the age of consent in Texas?
The age of consent in Texas is 17. Sexual contact with a person under 17 is illegal, regardless of consent, unless the parties are married.
What is the difference between indecency with a child and sexual assault of a child?
Indecency with a child involves sexual contact (touching) or exposure. Sexual assault of a child involves penetration.
What is continuous sexual abuse of a young child?
Continuous sexual abuse occurs when a person commits two or more acts of sexual abuse against a child under 14 over a period of 30 days or more. It carries a minimum sentence of 25 years.
Will I have to register as a sex offender?
Yes. All of these offenses require lifetime sex offender registration.
Can I get probation for a sex crime with a minor?
Probation is generally not available for aggravated sexual assault of a child or continuous sexual abuse. In limited circumstances, probation may be available for indecency with a child or sexual assault of a child for first-time offenders.
How are child sex crime cases investigated?
These cases are often investigated through Child Advocacy Centers, which conduct forensic interviews of child accusers. These interviews can be challenged.
Do I need an attorney for a sex crime with a minor charge?
Yes. This is the most serious criminal charge you can face. The consequences—decades in prison, lifetime registration, loss of rights—last a lifetime. You need an experienced attorney who understands the unique challenges of sex crime defense.
Why Barton & Associates for Sex Crimes With a Minor Defense in Austin
Sex crimes with a minor require attorneys who understand the unique dynamics of these cases, the forensic interviewing process, and the strategies for challenging accusers. The attorneys at Barton & Associates bring decades of experience to sex crime defense, helping clients protect their freedom, their reputations, and their futures.
We are deeply rooted in the Austin legal community. We have handled sex crime cases in Travis County courts for decades and understand the local prosecutors, the Child Advocacy Center, and the strategies that work. This local knowledge allows us to advise clients accurately and advocate effectively.
We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.
Take the First Step Toward Protecting Your Freedom
If you are facing a sex crime with a minor charge, your freedom, your reputation, and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. At Barton & Associates, we are here to fight for you.
Contact our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced sex crime defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.
Main Category: Criminal Defense Austin
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)
