San Antonio Sexual Performance by a Child ATTORNEY
The crime of Sexual Performance by a Child is prosecuted under Texas Penal Code Section 43.25(b) as
a Second-Degree Felony. The crime can be charged as a first-degree felony if the child is younger
than 14 at the time of the offense.
The statute defines the term ”sexual performance” to mean any performance of part thereof that
includes sexual conduct by a child younger than 18 years of age.
If you were charged with the offense of sexual performance of a child, then contact an experienced
criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX.
Elements of Texas Penal Code Section 43.25(b)
The elements of the offense of sexual performance of a child under Texas Penal Code Section 43.25(b)
include:
- the defendant employs, authorizes, or induces a child younger than 18 years of age;
- to engage in sexual conduct or a sexual performance;
- knowing the character and content thereof.
A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense
if he consents to the participation of the child in a sexual performance.
Affirmative Defenses to Crimes for Sexual Performance of a Child
Texas law provides for several affirmative defenses to the offense of sexual performance by a child including:
- The defendant was the spouse of the child at the time of the offense;
- The conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, legislative purpose; or
- The defendant is not more than two years older than the child.
For these affirmative defenses, the burden of proof is on the defendant to prove an affirmative defense by a preponderance of the evidence.
Definitions for the Crime of Sexual Performance by a Child
The term “sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
The term “performance” means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons. The term “simulated” means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.
If you are charged with the crime of inducing the sexual performance of a child in San Antonio, TX, or the surrounding areas, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC for sexually motivated crimes in Bexar County.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.