254-444-9920

Sex Crimes

Kyle Watkins Has Years of Experience Uncovering Police Errors.

Schedule a Free Case Analysis with Kyle Today

If you or a loved one is being investigated or has been arrested for any of the below offenses, you need the help of a qualified attorney immediately. Delay in selecting a qualified attorney hurts you and often helps the Prosecutor. Whomever you hire, please do not delay.

Sexual Assault: Victim 0 - 16 Years of Age

       Age:                                Crime:

Victim age: 14 – 16 =    Sexual Assault of a Child
Victim age: 6 – 13   =    Aggravated Sexual Assault of a Child
Victim age: 0 – 6     =    Super Aggravated Sexual Assault of a Child

Typically called “Rape”, Sexual Assault of a Child is a frequent criminal accusation in Texas. To be clear, Sexual Assault of a Child is a  horrendous crime; conversely, a false accusation of sexual assault [even if you are fully exonerated] is itself horrendous and will likely ruin a  person’s life.

If someone you love is being accused of Sexual Assault of a Child, the deck is already stacked against him/ her. For example, the Courtroom rules of evidence has existed for hundreds of years, and exist to ensure a fair trial for the accused; but in Texas we suspend several of the most sacred rules-allowing the Jury to hear unfair and prejudicial information-in an effort to help Prosecutors get a conviction.

How can this be? In the words of one of the most prolific Law School Professors of Evidence: “Texans hate sex offenders,.. that’s why the Rules [of evidence] are allowed to be broken in these cases”. But wait, they’re not sex offenders in trial you say; they are presumed innocent you say?! Well, now you are starting to see why you are in for the fight of your life.

Here, the term “child” refers to a minor who is under the age of 17. According to Statute 22.011(a)(2)(A) through (E), sexual assault of a child is any sexual activity with a minor 14 to 16 years of age, regardless of whether or not the accused knew the victim’s age at the time. This type of assault can be:

● penetration of the sex organ or anus of a child;
● penetration of the mouth of a child with a sex organ;
● causing a child’s sex organ to contact or penetrate that of another;
● causing a child’s anus to contact the sex organ, anus, or the mouth of another;
or
● causing a child’s mouth to contact another person’s sex organ or anus.

The truth is that even if the 14-16 year old participates willingly, a 14-16 year old cannot legally give consent. Meaning, the child’s willingness to participate in a sex act can’t save you from a sexual assault conviction, unless certain facts are present and then those facts are proven by a skilled Defense Attorney.

Sexual Assault of a Child can be elevated to Aggravated Sexual Assault of a Child if any of the aggravating factors can be proven to have occurred, these include:

● serious bodily injury occurs during the assault;
● the accused attempts to kill the victim;
● the victim was put in fear of death, kidnapping, or serious bodily injury (for themselves or for another person);
● the accused used a deadly weapon or displayed one during the assault;
● the accused acted with a third party when committing the crime;
● rohypnol, ketamine, or another recognized “date rape” drug was used in the assault; or
● the victim is disabled or is elderly.

Also, any of these crimes can be enhanced to Super Aggravated Sexual Assault of a Child if the child is under the age of six, or if the accused was previously convicted of sexual assault of someone under the age of 14.

Finally, any of the above crimes can be enhanced to Continuous Sexual Assault of a Child , if the allegation includes at least two instances of sexual contact occurring more than 30 days apart.

Penalty?

Sexual Assault of a Child is a Second Degree felony, punishment range: 2 – 20 years in Prison and a fine not to exceed $10,000.

Aggravated Sexual Assault of a Child is a First Degree felony, punishment range: 5 – 99 years or life in Prison and a fine not to exceed $10,000.

Super Aggravated Sexual Assault of a Child is an Enhanced First Degree felony, punishment range: 25 – 99 years or life in Prison without parole and a fine not to exceed $10,000.

Continuous Sexual Assault of a Child is an Enhanced First Degree felony, punishment range: 25 – 99 years or life in Prison without parole and a fine not to exceed $10,000.

Sex Offender Registration?

Lifetime Sex Offender Registration is required upon conviction for each of these offenses.

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth . Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Sexual Assault of a Child charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double
difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Sexual Assault: Victim Over 16 Years of Age

Typically called “Rape”, Sexual Assault is a frequent criminal accusation in Texas. To be clear, Sexual Assault is a horrendous crime; conversely a false accusation of sexual assault [even if you are fully exonerated] is itself horrendous and will likely ruin a person’s life.

If someone you love is being accused of sexual assault, the deck is already stacked against him / her. For example, the Courtroom rules of evidence have existed for hundreds of years, and exist to ensure a fair trial for the accused; but in Texas we suspend several of the most sacred rules-allowing the Jury to hear unfair and prejudicial information-in an effort to help Prosecutors get a conviction.

How can this be? In the words of one of the most prolific Law School Professors  of Evidence: “Texans hate sex offenders,.. that’s why the Rules [of evidence] are allowed to be broken in these cases”. But wait, they’re not sex offenders in trial you say; they are presumed innocent you say?! Well, now you are starting to see why you are in for the fight of your life.

Sexual Assault, according to the Texas Penal Code sections 22.011 and 22.021, is sexual penetration without the other party’s consent , and often it is the issue of consent that causes difficulty for the prosecution in these cases.

An act is considered to be done without consent if any of the following is true:

● there is physical force or violence used against the victim;
● there is the threat of force or violence;
● the victim was unconscious or unable to resist physically;
● the victim doesn’t have the mental capability to consent;
● the victim was unknowingly given something to impair him or her; or
● the accused used his or her status as an authority figure, public servant, mental health or health care provider, or clergy member to coerce or take advantage of a victim in some way.

This is where a qualified defense attorney is invaluable. A qualified, talented, trained and experienced lawyer knows the law, and knows how to attack the evidence presented by the prosecution and defend your case to get you the best possible outcome.

Penalty?

Sexual Assault is a Second Degree felony, punishment range: 2 – 20 years in Prison and a fine not to exceed $10,000.

Sex Offender Registration?

Lifetime Sex Offender Registration is required.

Aggravated Sexual Assault: victim over 16 years of age

The punishment for Sexual Assault is increased from a Second Degree Felony to a First Degree Felony where the alleged conduct meets any one of the below criteria:

● serious bodily injury occurs during the assault;
● the accused attempts to kill the victim;
● the victim was put in fear of death, kidnapping, or serious bodily injury (for themselves or for another person);
● the accused used a deadly weapon or displayed one during the assault;
● the accused acted with a third party when committing the crime;
● rohypnol, ketamine, or another recognized “date rape” drug was used in the assault; or
● the victim is disabled or is elderly.

Penalty?

Aggravated Sexual Assault is a First Degree felony, punishment range: 5 – 99 years in Prison and a fine not to exceed $10,000.

In addition to the enhanced punishment range, Aggravated Sexual Assault too requires lifetime Sex Offender registration.

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth . Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that
has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Sexual Assault charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Prostitution

Defined:

If you were arrested in a sting operation, having a qualified defense attorney can make a substantial difference in the outcome of your case. Potentially, the evidence obtained during the sting was not properly gathered. If mistakes were made in your case, the likelihood of a dismissal or a reduced charge is greater. Likely, time is of the essence in identifying these mistakes. You need Attorney Kyle J. Watkins to thoroughly review your case, find any weaknesses and use them to your full advantage.

In Texas, a person commits the crime of prostitution if he or she knowingly:

● Offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
● Solicits another in a public place to engage with him in sexual conduct for hire.

The most simple way to look at this offense: the crime is in the agreement. Texas has essentially outlawed a type of contract: namely, an agreement to exchange sexual contact for something of value.

It’s worth noting that the ‘somethere of value’ does not have to be money. For example, the agreed payment can be drugs, jewelry, money, electronics, anything.

Penalty and Ramifications of Prostitution?

First Offense: Probation, or 0 – 180 days in the County Jail Other possible penalties, depending on level of charges:

● HOME: Restrictions on where you can live
● JOB: Difficulty getting a job in certain industries
● SCHOOL: Difficulty gaining admission to college or graduate school
● FINANCIAL AID: Denial of financial aid for college or graduate school
● DRIVING: Suspension of a driver’s license
● CUSTODY: Loss of custody or visitation rights for biological children
● ADOPTION: The inability to foster or adopt a child
● GUNS: The inability to possess a firearm or to obtain a firearm permit
● LICENSES: Suspension, limitation, or revocation of professional license(s)
● ASSISTANCE: Difficulty applying for and obtaining state and/or federal assistance
● RENT: The inability to rent property or even a room
● FAMILY: Social discord with family, friends, and your community

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth . Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Prostitution charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Child Pornography

Were you just raided by police? Did they enter your home or office with a warrant and seize all of your electronic devices? Were you released (pending examining your electronics) or arrested? If this has happened to you, you need a confidential meeting with an experienced Texas and Federal criminal defense trial attorney that knows these cases and how to defend against them.

The accusation of this crime is enough to ruin your professional and personal life. This crime is one of the few that exists that occurs by simply clicking the wrong box on the internet. These cases carry heavy penalties, the public generally abhors even the accusation, all of which combines to make cases that Prosecutors are reluctant to bargain away.

The most valuable asset available to you during this process is having a quality attorney in your corner. What you need is a lawyer that has the ability and knowledge to get you the best possible result.

These crimes may include:

  • Distributing or Promoting Child Pornography
  • Possessing Child Pornography
  • Receiving Child Pornography
  • Online Solicitation of a Minor

Texas Child Pornography Laws

Possession of Child Pornography (Texas Penal Code Sec. 43.26)

  • Knowingly and/or intentionally
  • possessing or accessing with the intent to view
  • material depicting a child under the legal age of 18 engaging in sexual conduct is a crime.

–     Note: Visual material includes photographs, videos, disks/diskettes, film, negatives, slides, and other modes to view such material.

Texas Penalty?

Punishment Range: First Degree Felony, 5 – Life, & Sex Offender Registration

Federal Child Pornography Laws

Possession of Child Pornography (18 United States Code § 2252(a)(4)(b))

  • 18 USC § 2252(a)(4)(b) where the defendant
  • “(4) knowingly possesses one or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if—
  • (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
  • (ii) such visual depiction is of such conduct

Federal Penalty?

Punishment Guideline starting Range: Up to 120 months per offense.

  • “shall be punished as provided in subsection (b) of this section.
  • Punishment defined by subsection (b) states “whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both.” & Sex Offender

Defenses

There are many potential defenses to these cases, and too many to list here. Further, just as any General would not publicly outline his battle plan, I too will not provide that information here. The overview of which is undermining the Prosecutor’s required elements of the offense, for example: how is it that they can prove Beyond a Reasonable Doubt the age of the child? Or, how it is that they can prove Beyond a Reasonable Doubt that you specifically were the one that possessed the image(s)? These basic inquiries take us into the realm of Victim identification, IP Address designations, accessibility issues, open vs. closed networks, etc.

In the end, what you need is a quality attorney fighting to get you the best possible result under the facts as they exist in your case.

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth. Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Child Pornography charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Improper Student / Teacher Relationship

If accused, you need to talk to a lawyer immediately! You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation! It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Attorney Kyle J. Watkins has extensive experience handling improper teacher/student relationship charges, which are very specific and highly technical. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

What is an Improper Relationship Between a Teacher/School Employee and a Student?

When an employee of a primary or secondary school (private or public) has any kind of sexual contact, sexual intercourse, or deviate sexual intercourse with a student enrolled in the school or district in which the educator works. Also, if the accused holds a certificate or permit from the State Board for Educator Certification program or is required to hold a license through a state agency according to the Texas Education Code has sexual contact, sexual intercourse, or deviant sexual intercourse with a student in the teacher’s school or district, anywhere, or the student in question is enrolled in an educational activity program that is sponsored by that employee’s school or district.

It doesn’t matter if the relationship occurs outside of school hours or off of school property.

Is all contact a crime?

No. Contact outside of school, in person, texting, phone calls, etc. is not against the law. However, this information will likely be used against an adult accused of this offense.

How will the Government Prove it?

A prosecutor must prove beyond a reasonable doubt that:

  • an employee currently working in a public or private primary or secondary school
  • entered into a sexual relationship
  • with a student currently enrolled in the school or within the same district.

Penalty?

If you’re convicted of having an improper relationship with a student, you face a state prison sentence ranging from two to 20 years, and fines up to $10,000. This crime is a second-degree felony. Some recent cases have resulted in even first-time offenders spending time in prison, notwithstanding his / her eligibility for probation.

You will also have a searchable permanent criminal record that will show up on background checks. That can harm your ability to get a job, rent a home, earn or renew certain licenses or permits.

You will also find it difficult or impossible to remain in the education industry, and consequently need to learn a new way to earn a living.

Sex Offender Registration? Not at this time.

If you were convicted, you would not have to register as a sex offender upon leaving prison. However, it’s possible that the court can rule otherwise, especially if you are found guilty of other crimes arising from the same event or set of events. NOTE: There are also efforts currently being made to change this, so it’s possible that people convicted of this in the future can be required to register as sex offenders.

Defenses

  1. It didn’t happen.
  2. It happened, but we’re married.
  3. It happened, but we’re within three years of each

1 – 3 are the primary options that comprise most defenses to these charges. Almost certainly, #1 is the direction your case is headed. You will likely want, and need, to know the strategy successful defense attorneys use to defend these cases. You will not find my strategies listed here, where the Prosecutor or another lawyer can pick it up. Obtaining a conviction in these cases can be very difficult for a Prosecutor, given the circumstances.

For all the reasons above, and more, you need the best defense possible. While there is no magic to a great defense, some lawyers are simply more knowledgeable, more experienced and better prepared than others. Attorney Kyle Watkins has been successful in defending these allegations for exactly those reasons. It is only during a confidential, in-person meeting that we will discuss potential strategies and options that are specific to the facts and circumstances surrounding the allegations you are facing.

What you say to the Police, and many other people(!), can be used against you. In Improper Relationship cases, often it is critical that you get to us as soon as possible.

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth. Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Improper Student / Teacher Relationship charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Indecent Exposure

The charge sounds harmless enough, but Indecent Exposure is a serious crime with serious consequences. If you or a loved one has been accused of Indecent Exposure, you need Attorney Kyle J. Watkins to thoroughly review your case, find any weaknesses and use them to your full advantage.

In Texas, a person commits the crime of Indecent Exposure if he or she knowingly:

Title 5, Chapter 21, Section 21.08 of the Texas Penal Code:

  • any person
  • exposing their anus or genitals
  • with the intent to gratify sexual desire or to sexually arouse themselves or the victim.

– The act may be intentional, but can also be reckless, depending on whether or not another person who might be offended or alarmed was present during the exposure.

NOTE:    physical contact with a victim is not required in order for the crime of indecent exposure to occur.

Penalties and Ramifications of Indecent Exposure?

First Offense: Probation, or 0 – 180 days in the County Jail

Second Offense: Requires 10 years Sex Offender Registration

*If victim a child: offense becomes Felony.

Other possible penalties, depending on level of charges:

  • HOME: Restrictions on where you can live
  • JOB: Difficulty getting a job in certain industries
  • SCHOOL: Difficulty gaining admission to college or graduate school
  • FINANCIAL AID: Denial of financial aid for college or graduate school
  • DRIVING: Suspension of a driver’s license
  • CUSTODY: Loss of custody or visitation rights for biological children
  • ADOPTION: The inability to foster or adopt a child
  • GUNS: The inability to possess a firearm or to obtain a firearm permit
  • LICENSES: Suspension, limitation, or revocation of professional license(s)
  • ASSISTANCE: Difficulty applying for and obtaining state and/or federal assistance
  • RENT: The inability to rent property or even a room
  • FAMILY: Social discord with family, friends, and your community

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth. Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Indecent Exposure charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Indecency with a Child

Jurors are just flat-out biased against these cases. Whenever I try one of these cases, the biggest hurdle is bringing a juror around to the idea that there are kids out there that will make this stuff up. It takes more than just a crash-course on the Constitutional Presumption of Innocence to get jurors to believe, or at least acknowledge, that a child will lie about this. The crux of the matter is getting the jury to agree that there is a reasonable doubt as to whether or not it is true.

In today’s world, it takes very little for an innocent person to get Charged and Indicted for this crime. All it takes is an innocent touch, or just the accusation of a  touch, and the child is whisked away to a ‘Forensic Interviewer’. The point of the forensic interview is to ask the child questions in a non-leading fashion; eg: “What happened next?” vs. “Did he/she touch you?”. Once the interview happens, you might as well go turn yourself into the jail, because once the forensic interviewer starts up, they are going to find a way to get that kid to say what they need them to say to charge you with a crime. It is important to note, the Forensic Interviewer is not searching for  the truth, she/ he is searching for an accusation.

Are the accusations sometimes true? Yes. It is horrible and terrible and those people should be punished; but, the question is not: does this crime ever occur in society; the question is: whether or not a jury will find beyond a reasonable doubt that you, or your loved one, committed this crime.

If accused, you should talk to a lawyer immediately! You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation! It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth. Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She /he will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She/he will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Under the Texas Penal Code a person commits the offense of indecency with a child if the person engages in sexual contact (any touching of the anus, breasts, or genitals, with intent to gratify or arouse one’s sexual desire) with a child younger than 17 years of age. It is an affirmative defense to both indecency with a child and sexual assault of a child if the conduct was consensual and no more than three years in age separated the two. A second way of committing indecency with a child is by exposing one’s anus or genitals knowing the child is present and having the intent to arouse one’s self sexually, or causing the child to expose the child’s anus or genitals, again, with the intent to arouse one’s sexual desire.

Penalty?

Indecency with a child by contact is a second degree felony with a range of 2 to 20 years in a Texas prison, and indecency with a child by exposure is a third degree felony with a range of 2 to 10 years, plus fines. A person convicted or placed on probation for indecency by contact has the additional burden of having to register for life as a sex offender. A person convicted or placed on probation for indecency by exposure has a duty to register as a sex offender for a maximum of 10 years in Texas. Often the greatest punishment in these cases is the Sex Offender Registration requirement.

…by Contact

 The question that confuses everyone: does it matter if the accusation is contact over or under the clothes? No.

Section 21.11 of the Texas Penal Code defines indecency with a child by contact as:

  • sexual contact
  • with a child under the age of 17,
  • with the contact* being made for the purpose of arousing sexual desire or for sexual gratification.

*This can include touching the child’s genitals, anus, or breasts and also includes the adult touching the child in any way with the adult’s genitals, anus, or breasts.

This crime occurs when an adult engages in sexual contact with a child under 17 over or under the clothes, or forces the child into sexual contact of the adult.

…by Exposure

This crime occurs when there is no physical contact between the child and the adult, but the adult shows or exposes the adult’s genitals or anus to the child for the purpose of sexual gratification. Or, where the adult makes the child show his / her genitals or anus for the purpose of sexual gratification.

Defenses

To convict you, the Prosecutor must show that a crime occured. Both that the contact or exposure occurred, and that the required intent existed at the time. For example, a child’s bottom is washed during bath time, but there is not evidence of intent to sexually gratify.  Also, these allegations are a product of one parent forcing the child to make the claim during the course of a nasty divorce or separation. For example, if your child accidentally sees you naked, without evidence of the required intent, no crime has occured.

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth. Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that

has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Indecency charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Online Solicitation of a Minor

Online Solicitation of a Minor occurs when an adult:

  • intentionally communicates in a sexually explicit manner with a minor [the communication can be over the Internet, by email, text message, or similar electronic communication including a commercial online service], or
  • sends sexually explicit material to a minor, or
  • tries to arrange a meeting between himself and the minor, or with the minor and a third party, with the intent to engage in sexual

*Minor is defined as under 17.

Penalty?

The penalties for online solicitation of a minor vary, depending on the acts alleged to have occurred. If you’re convicted of this offense under subsection (b), you’ve committed a third-degree felony and face anywhere from two to 10 years in prison, and fines up to $10,000. However, this can be increased to a prison sentence ranging from two to 20 years if the minor in question is under 14 years of age. In that case, the crime is a second-degree felony.

If you’re charged with online solicitation of a minor under subsection (c) of the statute, it’s a second-degree felony. The penalties are a prison sentence of anywhere between two and 20 years, and fines up to $10,000.

You can be charged, even if you never met the minor. You can also be charged even if the minor didn’t exist, and it was an adult you communicated with. It is not a defense to show that it was a police sting, and the person with whom contact was made was not actually a minor. All that is required is to show that the Citizen Accused believed that  the person he / she was communicating with was a minor. An entrapment defense can be utilized; however this technique is rarely successful. This is why you need a skilled defense attorney to analyze your case and determine the best possible defense under the facts presented.

Police sting operations have become commonplace and are generally successful. Because the police have ‘set-up’ the accused, law enforcement goes to great lengths before the sting to ensure they make a strong case – these cases can be defeated, but it is difficult, and requires a lot of skill and usually some luck.

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth. Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Online Solicitation of a Minor charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.

Punishment & the STATIC-99

The stated goal of a STATIC-99 report is to assess and document a convicted sex offender’s danger to society.

The STATIC-99R is based on follow-up studies from Canada and the United Kingdom with a total sample size of 1,301 sexual offenders.

The STATIC-99R consists of 10 items and produces estimates of future risk based upon the number of risk factors present in any one individual. The risk factors include:

  • 1) The presence of prior sexual offenses;
  • 2) Having committed a current non-sexual violent offense;
  • 3) Having a history of non-sexual violence;
  • 4) The number of previous sentencing dates;
  • 5) One’s age;
  • 6) Having male victims;
  • 7) Having never lived with a lover for two continuous years;
  • 8) Having a history of non-contact sex offenses;
  • 9) Having unrelated victims, and
  • 10) Having stranger victims.

The report usually states, in boilerplate format, when presenting the results:

“The recidivism estimates provided by the STATIC-99R are based upon the number and groups studied. Levels of risk are derived from the frequency of recidivism of  individuals with certain patterns within these groups. As such, the scores and levels in the STATIC-99R are estimated statistical probabilities of the likelihood of recidivism for the individual that is assessed. As with any statistical estimate that measures tendency, some cases will exceed the estimate and some will fall short of the estimate. It should also be noted there may be other factors that the instrument does not measure that may impact recidivism.”

You are then assigned a score between 1 and 50. A score of 1 indicates that you have  a very low risk of recidivism and, conversely, a score of 50 indicates that the study predicts you will most likely will re-offend in the future.

Do I want a STATIC 99 in my case?

Generally, Yes. We want to show that you are not a danger, and use this as ammunition in attempting to resolve the case or getting the least punishment possible.

Additionally, the STATIC-99 can be subject to scoring errors, and in the event of a high score you will want a skilled and knowledgeable attorney to review the report. An attorney that knows what scoring errors to look for and has the right expert(s) available to review it as well. Finally, in the event of a high score, a properly handled assessment should be kept private and used only if it helps you to get a better result in your case.

Here is a link to the STATIC-99 Coding Guidelines: http://static99.org/pdfdocs/static-99-coding-rules_e.pdf

What should I do now?

If accused, you need to talk to a lawyer immediately. You should talk to a lawyer BEFORE you talk to the Police or anyone else about the accusation. It is not only what you say to the Police, but many people, that can be used against you. At the Law Offices of Kyle J. Watkins PLLC, we understand the gravity of the circumstances, and if we decide to accept representation in your case, we will do everything in our power to keep the worst from happening to you.

Many people believe: “I did not do anything wrong, I have nothing to fear”. Wrong. From the moment of the first accusation by the victim, every authority involved is not attempting to determine the truth. Police, CPS, school officials, Doctors, Nurses,..all of these people simply gather information. Nothing more. The first person involved that is required to decide if all this is true is the Prosecutor. A Prosecutor that has way, way too many cases to spend the time necessary to figure out what is true in your case. She will receive the case, skim over it to get the basic facts, and then get it indicted without a second thought. She will then look over your criminal history, and make a plea bargain offer: the number of years will depend on (1) how offensive the accusation and (2) whether or not you’ve been in trouble before.

Attorney Kyle J. Watkins has extensive experience handling Sex Crimes charges, which are very specific and technical. There are a number of ways to make the Prosecutor’s job of proving every element beyond a reasonable double difficult to do. It can be done. You can beat this case. You must engage a qualified attorney as soon as possible. Right now. You don’t have to go through this difficult time alone, nor should you try. Contact us today to discuss your case.