Is Voyeurism a crime in Texas? Yes, it is. Under Texas law voyeurism becomes a crime when a person secretly observes or spies on individuals without their consent. Individuals who commit this crime are also called Peeping Toms. In Texas, voyeurism is considered a criminal offense and is addressed under specific statutes aimed at protecting individuals from unwanted surveillance and invasion of privacy.
Under Texas law, voyeurism is defined as the act of observing, photographing, recording, or transmitting visual images of another person without their consent and with the intent to arouse or gratify the sexual desire of any person. This includes observing individuals in private settings such as bathrooms, dressing rooms, or private residences, where they have a reasonable expectation of privacy.
Key Elements of Voyeurism: To prove voyeurism in Texas, certain key elements must be established:
Voyeurism is considered a criminal offense in Texas and is typically classified as a Class C misdemeanor for a first offense. However, subsequent offenses or instances involving certain aggravating factors may result in more severe penalties. If the victim is under the age of 14 the crime is a state jail felony.
The Texas law voyeurism now includes observing someone remotely through electronic means. Under the Texas voyeurism observing people using drones can be prosecuted if they are doing t arouse sexual gratification.
Penalties for voyeurism in Texas may include fines, community service, probation, and even incarceration, depending on the specific circumstances of the case and the defendant’s criminal history. If you are arrested or being investigated for voyeurism hire a criminal lawyer immediately.
In Texas, the statute of limitations for rape, also known as sexual assault, varies depending on the severity of the offense and the age of the victim.
For cases involving sexual assault where DNA evidence is collected and preserved, there is no statute of limitations. This means that charges can be brought at any time, regardless of how much time has passed since the commission of the crime. Today we see prosecutors bringing cold case sexual assault charges involving rape accusations that were reported 20 0r 30 years ago based on DNA matches. Law enforcement has used DNA ancestry test into cold case crime solving tools.
For cases involving sexual assault where the victim is an adult at the time of the offense, the statute of limitations is typically 10 years from the date of the offense. However, this time limit may also be extended if DNA evidence is collected and preserved.
There is no statute of limitations for aggravated sexual assaults. An aggravated sexual assault occurs when the victim has severely injured or threatened with a deadly weapon. Aggravated sexual assault also includes cases where the victim is mentally or physically incapacitated.
Another scenario where there is no statute of limitations is when the same suspect is a serial rapist. Specifically, when there are 5 or more victims who have been sexually assaulted in the same or similar manner.
If you are investigated or arrested for a sexual assault charge, contact a criminal attorney as soon as possible. Do not talk with the police until you have spoken with a criminal attorney.
In Texas, indecency with a child by exposure is a serious criminal offense outlined in Chapter 21 of the Texas Penal Code. This crime involves exposing one’s genitals to a child under in a manner that is considered lewd or sexually explicit. A child is a person under the age of 17. The prosecution does not have to prove the defendant touched the child. Just exposing one’s genitals or anus in a sexually explicit manner is all they need to make an arrest.
Under Texas law, indecency with a child by exposure is a felony offense, classified as a third-degree felony. However, the severity of the offense can be increased under certain circumstances, such as if the defendant has a prior conviction for a similar offense or if the act involves aggravated circumstances.
A conviction for a third-degree felony offense can result in a prison sentence ranging from 2 to 10 years and/or a fine of up to $10,000. Additionally, individuals convicted of this offense are required to register as sex offenders for 10 years.
Defenses to charges of indecency with a child by exposure may include mistaken identity, lack of intent, or lack of evidence to prove the elements of the offense beyond a reasonable doubt. However, individuals accused of this crime should seek the guidance of an experienced criminal attorney to understand their legal rights and possible defenses.
Overall, indecency with a child by exposure is a serious felony offense in Texas that carries significant penalties. Prosecution of this crime is vigorously pursued to protect the welfare of children and hold offenders accountable for their actions. That is why it is so important to hire a criminal lawyer as soon as possible.
Texas Sudden Passion defense is a trial strategy that can be used in the punishment stage of a trial in a murder case. In Texas the crime of murder is a first-degree felony that has a punishment range of 5 years to 99 years or life. Texas Sudden Passion is a murder that happens in the heat of the moment when a person doesn’t have to time to think about taking a life but is reacting to the situation. It is an emotional response that often occurs during an argument.
Depending on the facts of the case the Defense may be intitled to have the Sudden Passion defense included in the Judge’s jury instructions. The Texas Sudden Passion defense is defined as ” passion arising out of provocation by the individual killed”. The passion must arise at the time of the offense and not due to former provocation. The definition for sudden passion must be due to “Adequate Cause”. The definition for adequate cause is, ” cause that would commonly produce a degree of anger, rage, resentment, or terror, in a person of ordinary temper, sufficient to render the mind of cool reflection.”
The defense can raise the Texas Sudden Passion defense in the punishment phase and has the burden of proof to prove sudden passion by the preponderance of the evidence. If the jury finds that the murder was committed due to sudden passion, then the penalty range is lowered to 2 to 20 years in prison.
If you are charged with the crime of murder, you should hire an experienced criminal attorney as soon as possible. An experienced criminal lawyer will investigate all possible defenses and any mitigating issues such as sudden passion.
Lawyer Richard Hibey known for representing high profile clients and controversial cases died February 19, 2024. Hibey represented ousted Philippines ruler Ferdinand Marcos and wife Imelda, spy Jonathan Pollard and former CIA Chief Clair Davis. Hibey felt it was a criminal lawyer’s duty to represent his client zealously no matter how unpopular his was client was with the American public. He believed the Amercian Justice system was an adversary process. He once said, “I figure if I do my job well then justice would be served. I think that is a moral position and it allows me to be able to represent people who are considered by others to be among the sleaze bags of the 20th century.”
This is a position every criminal attorney should agree with and follow. Although the American Justice system is not perfect it is by far the best in the world. It is the best system because it is adversarial. To work right both sides must do their best. The criminal attorney has a duty to defend his client no matter the strength of the evidence or the type of charge.
At some point in time every criminal defense attorney gets asked ” How can you defend criminals?” Most people that ask that question have never had a family member or close friend face a criminal charge. I have had many clients tell me, ” Until I was arrested, I thought everyone is guilty who was arrested by the police.” Once they are charged, they realize an innocent person can be arrested and the government is powerful force to fight against.
If you have been arrested by the police find an experienced criminal attorney and make sure that attorney believes in Richard Hibey’s philosophy in defending citizens.
A Texas Class C Assault charge is an assault that does not include pain or injury. Since it is a Class C charge there is no jail time included in punishment. There is only a fine up to $500. This is the same penalty range as a traffic ticket but that doesn’t mean these are not serious charges. Texas Class C Assault charges are still assaults and if you are convicted can show up on your record. Potential employers on a background check see the word “Assault” and don’t care if it’s a class C misdemeanor. They think this person is violent.
There are two ways to allege a Texas Class Assault charge. The prosecution can accuse a person of intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse. The person must have the specific intent to harm another person and that harm must be imminent. In other words, the harm is about happen.
The second way to allege a class C assault is alleging the defendant intentionally or knowingly causes physical contact with another when the person knows or should be reasonably believe that the other will regard the contact as offensive or proactive. This is the most common way the police will charge a Class C assault. If two people are arguing and one forcefully pushes the police could charge that person with a Class C Assault. There is no pain inflicted but the victim can be offended by the push.
The police can charge a person with a Texas Class C Assault by writing them a ticket or making an arrest. The police will often arrest a person for a class C if there is an altercation in a bar or at a sporting event and no real injury occurred. They will make an actual arrest to calm the situation down and to keep the parties from starting another fight after officer’s leave. The police will also make an arrest if they are called to a domestic dispute. If one spouse tells the police, they were grabbed or shoved but didn’t feel any pain officers will make an arrest but only charge the suspect with a Class C assault.
Texas Class C Assault charges are filed in city courts, and you have the same defenses as you would for any other type of assault charge. That could be self-defense, accident, consent or lack of evidence. If you find yourself charged with a Texas Class C Assault notify an experienced criminal lawyer right away. Don’t represent yourself as people often do with traffic tickets. Class C Assault charges must be taken as seriously as any other assault charge.
Texas Felony Driving While Intoxicated arrest is a serious crime which can have a tremendous impact on a person’s life. In Texas you can be charged with a Felony Driving While Intoxicated if you have had two prior convictions for DWI. Texas Felony Driving While Intoxicated arrest can happen to anyone who has had a history of arrest for DWI convictions. Recent news of Patrick Mahomes Dads arrest for a Texas Felony Driving While Intoxicated proves that. No matter what your status is in life the police will charge you for a felony DWI if you have previous convictions.
Even though a Felony Driving While Intoxicated arrest is serious there are defenses an experienced criminal attorney can use to defend the charge or negotiate a favorable plea bargain with the prosecutor. Successfully defending a Texas Felony DWI charge is a two-prong attack. The criminal lawyer must gather all the evidence and determine if there is a valid defense. The question of whether the defendant was “intoxicated” at the time he or she was driving is the most common defense used. A defense attorney will also examine the reasons for the police stopping the defendant and whether there was probable cause to do that. An experienced criminal lawyer will also look at whether the field sobriety test used by the officer were correctly administered and if there are problems with the blood draw and if the testing was done properly.
At the same time the criminal attorney should determine if the client has a drinking problem. Previous arrest for DWI is an indication the client needs treatment. Under the protection of the attorney client privilege criminal lawyers often have their clients undergo an evaluation to determine if they need treatment. If treatment is needed, then that should begin right away. The lawyer can decide when and how to use the evaluation or treatment during negotiations with the prosecutor.
If you are arrested for a Texas Felony DWI hire an experienced attorney as soon as possible. The consequences of a felony conviction are life changing and you will need the best defense possible.