Being accused of a child sex crime is overwhelming. You may not know what’s happening next or how serious the situation really is. Texas law treats these allegations with zero tolerance, and things move quickly—often before you’ve had a chance to understand your options.
This guide is here to help you make sense of what’s ahead. We’ll walk through the legal process, common charges, defense strategies, and how to protect your rights from the start. If you or someone you care about is facing these allegations, don’t wait. Reach out to John T. Floyd, a Houston, TX criminal defense attorney, to discuss your situation.
Understanding the Child Sex Crime Allegations
In Texas, child sex crimes cover a wide range of charges. These include but aren’t limited to:
Indecency with a Child
This offense involves engaging in sexual contact with a child or exposing oneself with the intent to arouse or gratify sexual desire. According to Texas Penal Code § 21.11, a person commits this crime if they:
- Engage in sexual contact with a child younger than 17 years.
- Expose their anus or genitals, knowing a child is present, with the intent to arouse or gratify sexual desire.
Sexual Assault of a Child
Commonly referred to as statutory rape, this charge applies when an individual engages in sexual activity with someone under 17 years old, regardless of consent. Per Texas Penal Code § 22.011, the offense includes:
- Penetration of the anus or sexual organ of a child.
- Penetration of the mouth of a child by the sexual organ of the actor.
- Causing a child to engage in sexual contact.
This is a second-degree felony, punishable by up to 20 years in prison and fines up to $10,000.
Aggravated Sexual Assault of a Child
This more severe charge involves sexual assault under aggravating circumstances, such as:
- The victim is younger than 14 years old.
- The use or exhibition of a deadly weapon.
- Causing serious bodily injury or attempting to cause the death of the victim.
Under Texas Penal Code § 22.021, this first-degree felony can result in life imprisonment.
Continuous Sexual Abuse of a Young Child or Disabled Individual
This offense applies when an individual commits two or more acts of sexual abuse over a period of 30 days or more against a child under 14 or a disabled individual. As outlined in Texas Penal Code § 21.02, this first-degree felony carries a minimum sentence of 25 years, with the possibility of life imprisonment.
Online Solicitation of a Minor
Engaging in sexually explicit communication with a minor under 17 years old over the Internet or electronic messaging services constitutes this offense. According to Texas Penal Code § 33.021, this includes:
- Soliciting a minor to meet for sexual conduct.
- Distributing sexually explicit material to a minor.
Possession or Promotion of Child Pornography
Possessing, promoting, or distributing material depicting sexual conduct by a child under 18 is a serious crime under Texas Penal Code § 43.26. Penalties include:
- Third-degree felony for possession.
- Second-degree felony for promotion or distribution.
Improper Relationship Between Educator and Student
This offense addresses sexual relationships between educators and students enrolled in the same school district, regardless of the student’s age. Per Texas Penal Code § 21.12, it’s a second-degree felony, highlighting the state’s strict stance on protecting students from exploitation by school employees.
Common Sources of Allegations
Allegations can arise from various situations, including:
- Educational Settings: Reports from teachers or school counselors.
- Custody Disputes: Accusations during contentious divorce or custody battles.
- Online Interactions: Misinterpretations or entrapment during internet communications.
- Miscommunication: Situations where actions or words are misconstrued.
False accusations can occur, and it’s essential to approach such situations with a clear understanding of your rights and the legal process.
Immediate Steps After an Allegation
Don’t Contact the Accuser
You might feel the urge to clear things up or apologize for something you don’t even fully understand. Don’t do it. Any communication with the alleged victim can be twisted against you. Prosecutors will use texts, calls, or social media messages as evidence of guilt. Even innocent remarks can be misinterpreted.
Stay Silent Until You Have an Attorney
If law enforcement contacts you, stay calm—but don’t say a word beyond asking for your attorney. You have the right to remain silent. Use it. Police officers may seem friendly or casual, but they’re trained to get confessions or statements that can later be used to convict you.
Preserve Evidence
Save any messages, emails, digital records, or potential alibis. For example, if the alleged incident was said to have occurred on a day you were out of town or at work, get proof now. An experienced sex crime lawyer can help you determine what to gather and how to secure it properly.
Call a Sex Crimes Attorney in Houston
You need someone in your corner immediately—someone who focuses on defending people accused of serious sex offenses. The sooner you involve a lawyer, the more control you have over what happens next.
Collateral Consequences
Loss of Custody or Visitation
If you’re involved in a custody or divorce case, these charges can be used against you. Courts often suspend or severely limit parental rights when such accusations are made, even before a conviction. Supervised visitation, restraining orders, and loss of custody are common outcomes.
Damage to Reputation and Career
Once your name is associated with a child sex offense, the damage to your reputation can be immediate and lasting. Employers may terminate your position, and finding new work becomes extremely difficult—especially if your job involves children, education, or public trust.
Immigration Consequences for Non-Citizens
For non-citizens, a child sex crime conviction can trigger deportation or prevent you from becoming a U.S. citizen. Even lawful permanent residents may lose their status.
Building a Defense Strategy
A strong legal defense doesn’t happen overnight. It takes careful planning, investigation, and experience with these types of cases.
False Allegations Happen
You don’t need to prove your innocence. The prosecution needs to create reasonable doubt. And in many cases, the accusations are simply false. Whether motivated by personal grudges, custody battles, confusion, or pressure from others, false claims do happen. They can turn your entire life upside down in an instant.
Your Houston, TX defense attorney will investigate the accuser’s history, possible motives, and the context in which the accusation was made. For example:
- Is the accusation tied to a contentious divorce or custody case?
- Has the accuser made similar claims before?
- Were they influenced or coached by another adult?
- Did their story change over time?
Exposing inconsistencies, ulterior motives, or lack of credibility can make a significant difference in how your case is handled.
There May Be No Physical Evidence
In many child sex crime cases, there’s no DNA, no physical injury, and no hard evidence to support the allegation. Prosecutors often build their case around the alleged victim’s word alone. While this may seem flimsy, jurors often feel emotionally compelled to believe a child, especially when the defense doesn’t offer an alternative narrative.
That’s where a strong legal strategy comes in. Your lawyer may:
- Challenge the timeline of the allegations if a significant delay exists between the alleged incident and the report.
- Question the forensic interview methods—Was the child led or influenced during questioning?
- Examine any medical records for inconsistencies or a lack of physical findings.
- Investigate whether outside influence (parents, school officials, therapists) shaped the story.
Digital Evidence Can Work For or Against You
In today’s world, much of what we do is online. That includes conversations, social media interactions, and other forms of electronic communication. Prosecutors may use digital evidence such as text messages, emails, or chat logs to support their case.
However, digital evidence can be misleading or even manipulated. A sex crimes defense attorney with experience in these cases will review:
- Authenticity – Was the communication actually sent by you? Could someone else have used your device or account?
- Context – Was a message taken out of context to sound more damaging?
- Alterations – Were messages deleted or edited in a way that distorts what really happened?
Sometimes, the very digital records the prosecution hopes to use can end up helping the defense.
Expert Witnesses Can Make a Difference
In a child sex crime case, the prosecution may use expert witnesses to bolster their claims. But your defense attorney can do the same. The right professionals can help explain complex issues in a way jurors understand.
Depending on your case, your defense team might bring in:
- Psychologists or forensic psychiatrists to evaluate the alleged victim and testify about memory reliability, suggestibility, or behavioral signs.
- Forensic computer analysts to assess digital evidence and determine whether it was manipulated or taken out of context.
- Medical experts to review exam findings (or lack thereof) and explain why an absence of physical evidence doesn’t necessarily indicate guilt.
Experts don’t just add credibility – they give the jury another way to interpret the facts. In close cases, that can be a deciding factor.
Consent is Not a Defense but Other Legal Defenses May Apply
In child sex cases, claiming that the minor consented is not a defense under Texas law. The law considers minors under a certain age incapable of giving legal consent. However, other defenses may apply depending on the situation, including:
- Mistaken Identity: Someone else committed the alleged act, but you were falsely identified.
- Alibi: You were somewhere else at the time of the alleged incident—and can prove it.
- Fabrication: The entire story was made up or influenced by outside parties.
- Lack of Intent: Some charges require proof of intent to arouse or gratify sexual desire. If that element is missing, the prosecution may not be able to meet its burden.
Romeo and Juliet Law Exception
Texas law recognizes that not all sexual relationships between minors and slightly older individuals are predatory in nature. The Romeo and Juliet Law provides limited protections for individuals who engage in consensual sexual activity with someone close to their own age. Under this legal exception, a person may avoid certain criminal penalties if the following conditions are met:
- The alleged victim is at least 14 years old
- The accused is not more than three years older than the alleged victim
- The sexual activity was consensual
- The accused is not a registered sex offender, and the relationship was not exploitative
This defense does not apply to all charges, and it won’t prevent prosecution in every case. However, it may serve as a mitigating factor, particularly when the relationship is genuine and mutual. Your attorney can evaluate whether the facts of your case fall within the scope of this exception and, if so, use it to argue against severe penalties or registration requirements.
Why Do You Need a Houston-Based Defense Attorney?
Sex crime cases involving children are among the most aggressively prosecuted offenses in Texas. The stakes are incredibly high. Prosecutors push hard for convictions. Juries often walk in with assumptions. From the moment an accusation is made, the system is tilted against you. That’s why you need a skilled Houston, TX, attorney from John T. Floyd Law Firm who knows how to handle these cases from every angle, and that’s exactly what John T. Floyd brings to the table.
Decades of Defense in Houston, TX Courtrooms
John T. Floyd isn’t just any defense attorney—he’s based in Houston and focuses specifically on defending clients accused of sex crimes, including allegations involving children. He’s spent years in Harris County courtrooms, facing off against prosecutors, analyzing how judges rule, and building defense strategies that work in the real world. That kind of local experience makes a difference. He knows the system, and more importantly, he knows how to push back against it when it threatens your rights.
Timing Matters And Delay Can Cost You
Every hour you wait without a defense attorney is time the prosecution uses to build a case against you. Witnesses can be interviewed. Evidence can be collected or misinterpreted. With John T. Floyd, you don’t lose time. From day one, he gets to work protecting your rights and positioning your case for the best possible outcome.
Focused on High-Stakes Sex Crime Defense
John T. Floyd doesn’t take every case that comes through the door. His practice is focused on defending those accused of serious sex offenses. That means he understands the charges, the pressure, and the playbook prosecutors use. He’s built a reputation for tough, thoughtful defense strategies that get results—not through shortcuts, but through sharp legal thinking and relentless preparation.
If you’ve been accused of a child sex crime in Houston, TX, don’t settle for general advice or a lawyer who dabbles in criminal law. Whether you’re ready to talk now or prefer to reach out online, John T. Floyd Law Firm is prepared to respond with the urgency your case deserves. Call us today at (713) 224-0101.
