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Request a Free Confidential ConsultationMost Common Types of Cyber Sex Crimes in Texas
Cyber sex crimes are sex crimes committed over the Internet. While some cyber sex crimes have an “in real life” counterpart, others exist only in the cyberworld. Texas takes cyber sex offenses seriously, and law enforcement agencies are constantly investigating to find and penalize perpetrators of the most common types of sex crimes in Texas.
Online Solicitation
A person engages in online solicitation by offering sexual activity in exchange for money. The solicitation can occur over social media or online ads, through direct messages or any other online meeting place. Law enforcement often uses sting operations to expose solicitation.
A more serious offense is online solicitation of a minor. This occurs when a person aged 17 or older uses online means to entice a person younger than 17 into engaging in sexual activity. The Texas Penal Code 33.021 establishes specific behavior under this law. Communicating in a “sexually specific manner” or sending sexually explicit material could lead to charges.
Possessing or Distributing Child Pornography
It is unlawful to possess, create, or distribute pornographic material online or in person, per Texas Code 43.26. Section 43.235 expands the parameters to include AI-generated material. Fines, prison time, and Internet restrictions are among the consequences of possessing child pornography.
The severity of the penalties depends on prior history and the amount of material in question. The most intense consequences often apply to creators and distributors, though even those in possession can face years of incarceration.
Sextortion
Sextortion occurs when a person threatens or coerces another person into committing certain actions. Sometimes, perpetrators tell targets they have revealing photos or images of them, and say they will release the material or inflict violence on the targets unless the victims send more material or payment.
According to the FBI’s sextortion page, targets are often children or teens who initially believe they are engaging with someone their own age. The communication can occur over gaming platforms, apps, or other sites.
Revenge Porn
It is unlawful to distribute sexually explicit photos or videos to humiliate or otherwise “punish” someone else. Often, an angry ex-partner engages in revenge porn. Under the Texas Code 21.19, sharing any intimate material without the subject’s consent is illegal. This applies even if the material was initially created with the subject’s consent.
Cyberstalking, Assault, and Harassment
Cyberstalking comprises behaviors including making unwanted sexual advances, threatening violence, or harassing someone electronically, including through a smartphone. Section 42.07 of the Texas Code establishes specific unlawful behaviors.
Charges for stalking and cyberstalking are not based on a one-time offensive behavior but on a pattern of behaviors intended to cause another party stress, anxiety, or fear.
Sexting (Among Minors)
In Texas, it is unlawful for minors to “intentionally or knowingly” possess sexual or “suggestive” photos or videos of other minors, to send such material to or receive it from other minors, per Texas Code 43.261. These laws apply even if the minor who sends the material is an “actor” in that material.
Defending Against Cyber Sex Crime Charges
Convictions on sex crime charges can come with lifelong consequences. A Houston sex crimes attorney can help protect you from unwarranted charges and serious penalties.