Sexual Assault Criminal Defense Attorneys – Houston.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/6″][vc_single_image image=”8334″ img_size=”full” onclick=”custom_link” link=”samadamolaw.vaultwebsites.com”][vc_row_inner][vc_column_inner][gap height=”20″][vc_column_text]- Former Prosecutor.
- Former Counsel for the Police Union.
- Board Certified Sex Crime Specialist.
- “…one of the outstanding criminal defense attorneys in Houston…”-Houston Chronicle.
- ⭐️⭐️⭐️⭐️⭐️Lawyer Rating on Google, Yelp, and Avvo.
- Sexual Assault Criminal Defense Attorneys
Contact our sexual assault criminal defense attorneys!
(713) 568-7011
[/vc_column_text]3200 Travis, 4th Floor Houston, TX 77006
[/vc_column_text][gap height=”20″][vc_column_text css=”.vc_custom_1453229009706{border-top-width: 1px !important;border-right-width: 1px !important;border-bottom-width: 1px !important;border-left-width: 1px !important;border-left-color: #000000 !important;border-left-style: solid !important;border-right-color: #000000 !important;border-right-style: solid !important;border-top-color: #000000 !important;border-top-style: solid !important;border-bottom-color: #000000 !important;border-bottom-style: solid !important;}”] [/vc_column_text][vc_single_image image=”2023″ img_size=”medium” onclick=”custom_link” link=”http://http://www.bbb.org/houston/business-reviews/attorneys-and-lawyers-criminal/adamo-and-adamo-in-houston-tx-22005163/”][/vc_column][vc_column width=”2/3″][vc_column_text]Sexual Assault Criminal Defense Lawyers – Where in the Texas Penal Code is the statute for Aggravated Sexual Assault?
The aggravated sexual assault statute is Texas Penal Code 22.021.
(a) a person commits an offense if the person:
(1) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(iii) causes the sexual organ of another person without that person’s consent, to contact or penetrated the mouth, anus, or sexual organ of another person, including the actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(2) If:
(A) the person:
(1) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear than any person will become the victim of an offense under 20A.02(a)(3), (4), (7) or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), 0r (8) or to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) administers or provides flunitraxepam, otherwise known as robypnol gamma hydroxybutryate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
(B) the victim is younger than 14 years of age; or
(C) the victim is an elderly individual or disabled individual.
Sexual Assault Criminal Defense Lawyers – What does “without the consent of the other person” mean under the statute?
(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force or violence;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
(6) the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge (i.e. date rape);
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provided or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;
(10) the actor is a clergyman who causes the other person to submitter participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
Sexual Assault Criminal Defense Lawyers – Relevant Statutory Definitions.
(c) in this section:
(1) “Child” means a person younger than 17 years of age.
(3) “Disabled individual” means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.
Sexual Assault Criminal Defense Attorneys – Statutory Defenses.
(d) it is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or third party.
Sexual Assault Criminal Defense Attorneys – What is the Punishment for Sexual Assault?
1st degree felony (5 – life in prison; up to $10,000 fine)
The minimum term of confinement is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed or (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by (a)(2)(A).
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