In the state of Texas, the law considers sex crimes to be the most serious. Individuals who have committed these types of crimes not only have to contend with a strong social stigma, but they also face severe penalties from the judicial system.
In some instances, however, the courts may give some leniency to first-time sex crime offenders. Punishments are traditionally severe, but they may be less so for first-time offenders.
Texas Sex Offender Laws
In Texas, when a person is charged with a sexual offense, what happens in their case depends on many factors. Certain facts can be brought in as evidence that can help to support a conviction, such as:
- The nature of the assault
- The victim’s age
- The status or profession of the defendant
- The history of the defendant and whether they have committed similar offenses
Unsurprisingly, whether the defendant has a prior criminal history plays a large part in deciding a verdict and sentence. When a person is a first-time offender, they are punished less severely than someone who has a history of criminal convictions.
Additionally, the specific nature of the sexual crime can also play a part in the penalties the individual faces.
For example, for aggravated sexual assault, the defendant can see a harsh sentence even if they have no prior criminal history. On the other hand, for a crime such as indecent exposure, the individual may receive a far less severe sentence.
In any event, the judge can consider the person’s prior criminal history when deciding on a sentence.
First-Time Offenders vs. Repeat Offenders
One of the most marked differences between the sentence a first-time offender will receive in comparison to a repeat offender is the use of a maximum sentence. For instance, in the state of Texas, sexual assault is considered a second-degree felony, which carries a sentence of 2 to 20 years in prison and a maximum fine of $10,000.
If a person is a first-time offender who has committed sexual assault, he may not necessarily receive a maximum 20-year prison sentence. The sentence can be reduced to 15 years, for example.
On the other hand, a person who has at least one prior sexual assault conviction is far more likely to receive a full 20-year prison sentence. Additionally, in some cases, the judge may choose to increase the penalty for a sex crime conviction.
Other Costs of a Sex Offense Charge
There are many other costs a person can receive for committing sex offenses, even if they are a first-time offender, especially if the crime was committed against a child. They include the following:
- Residence restrictions. A person can expect to have restrictions placed on them as to where they can live. If their victim was a child, they cannot live a certain distance from schools, playgrounds, youth centers, daycare centers and athletic facilities for children. They also cannot live a specific distance from the victim.
- Activity restrictions. Generally, child sex offenders cannot join any civic, cultural or athletic activities in which children are involved. They are also prohibited from playgrounds, public swimming pools and arcades.
- Limited employment and career opportunities. A sex offense conviction immediately restricts a person’s options for employment and career opportunities. For instance, if a man was working as a teacher at an elementary school at the time of his conviction, he would never be able to work as a teacher of children again.
- Registration as a sex offender. When someone is found guilty of a sex offense, they must join the Texas Sex Offender Registry and regularly update their information.
- DNA sample. Even first-time sex offenders are required to provide a sample of their DNA to law enforcement. The sample is stored in a database that is readily available as officers investigate sexual crimes. It can deprive the freedom of offenders but serves a two-fold purpose as it can also exonerate innocent individuals suspected of crimes as well.
- Firearm restrictions. As per Texas law, sex offenders cannot own a firearm for a certain amount of time after they are released from prison or while on probation. Both felony and class A misdemeanor convictions mean a person cannot own a firearm for at least five years after being released from prison or probation.
- Deportation. A sex offender who is illegally in the country can face deportation and can receive severe penalties for attempting to re-enter the country.
- Other penalties. Some sex offenders cannot access the Internet after a conviction, may be required to undergo counseling or substance or alcohol abuse. They can also expect no-contact orders, meaning they cannot have contact with the victim and must stay a certain distance away from a victim’s home or place of employment.
