Bail for sex offenses is possible under Texas law, but is widely dependent on the severity of the crime, criminal history, and threat to public safety.
Texas Sex Crimes
To give you the exact meaning of a sex crime, we will turn to the legal definition of a sexual assault as defined by Texas state law. It states that a sexual offense has been committed if someone intentionally “causes the penetration of the anus or female sexual organ of another person by any means, without that person’s consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent.”
This same definition applies to men and children, as well.
Types of Sex Offenses in Texas
- Sexual Assault: This includes rape and all other unwanted sexual contact and is not limited to intercourse.
- Aggravated Assault: Using violence, force, weapons, or uttering death threats to commit a sex crime.
- Sexting Offenses: Sending unsolicited, sexually explicit images is illegal in the State of Texas. This includes images of children.
- Offenses Involving Children or Protected Individuals: Any of the penalties for sex crimes are automatically increased when dealing with children or protected individuals.
- Prostitution: Knowingly engaging in sexual conduct for money is considered prostitution in Texas.
Penalties for Sex Offenders in Texas
Depending on the sex offense charge you’re facing, your punishment will vary. Sexual assault, child pornography, child molestation, or online solicitation of a minor can all carry varying penalties. For example, in cases of child molestation or indecency with a child, you could face second-degree charges and up to 20 years in prison. For most sex offender charges in Texas, second-degree charges are laid. However, first-degree charges are more suitable, in these cases, and defendants are subject to five to 99 years in a state prison and a fine up to $10,000.
Most cases in which first-degree charges are laid are aggravated sexual assault. If the victim is younger than 14 and a deadly weapon was used or exhibited, the prison sentence will likely be around 25 years. Other factors also come into play, such as if the victim was seriously hurt and whether the defendant attempted to kill the victim.
Sex offenders may also be required to register with local law enforcement agencies to be put on a sex offender registry. Defendants would need to hand over information, such as: name, date of birth, sex, race, home address, a complete set of fingerprints, employment information, and more to the authorities. Adult sex offenders are typically required to be on a registry for life, or 10 years after being discharged from state supervision. Juvenile offenders are only required to register until the tenth anniversary of the date on which they were convicted or completed their sentence.
Factors Affecting Bail For Sex Offenses
Severity of the Crime
One of the factors that a judge will look at when determining how much bail should be assigned, is the severity of the sex offense. For example, the bail may be set lower for someone who is charged with a misdemeanor sexual assault than someone who is charged with felony sexual assault.
Criminal History
A judge will also look at criminal history to determine an offender’s bail amount. If a person has a history of criminal activity, this will usually result in a higher bail amount. This is because they are viewed as a higher risk and, therefore, likely to commit a crime again in the future. If an individual has a history of committing sex offenses, their bail will likely be higher than a first-time offender.
Public Safety Concerns
If an individual poses a particular threat to the community, the judge will likely set a higher bail amount. A judge can determine this risk by examining trends in a criminal record that indicate a propensity for violent crimes such as assault, and in this case, sexual assault.
Get Bail for Sex Offenses in Texas
Bail is possible for sex crimes under Texas law. If you are eligible for bail, PCS Bail Bonds can work through the process quickly to get you out of jail. We are available 24/7 to answer any questions or to get started on bailing you or your loved one out of jail. Call us toll-free at 888-335-1655.
For more information about PCS Bail Bonds, contact us today at PCSDFW@aol.com or call us toll free at (888) 335-1655.
