Texas Sexting Laws and Penalties

May 13, 2015

Section 43.21 of the Texas Penal Code deals with obscenity, defining obscene material as being something that “the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex,” It can also be “representations or descriptions” of: Sex acts Simulated sex acts Sodomy Beastiality Lewd exhibition […]

Types of Defenses to Criminal Charges

May 8, 2015

Disclaimer: This article is not intended as legal advice and does not reflect the opinions of the Law Office of Brett A. Podolsky. Whenever a crime is committed, it is the job of the prosecution to prove that the accused committed the crime, beyond any shred of reasonable doubt. In fact, many times the alleged […]

Sex Crimes, Entrapment and Your Rights in Texas

May 6, 2015

Police officers often use “sting” operations to make arrests. These operations sometimes consist of undercover officers who “set up” individuals by providing them with an opportunity to commit illegal acts. When those arrests are for sex offenses, it’s important to ensure entrapment hasn’t taken place; otherwise, the charges are invalid. It’s essential that anyone arrested […]

False Accusations: What Happens When You’re Wrongly Accused of a Sex Crime

April 29, 2015

People automatically have a tendency to assume that anyone accused of a sex crime is guilty. Even so, there are a good number of people who are falsely accused of crimes such as child molestation, sexual assault or sexual misconduct with a minor. There can be far-reaching consequences resulting from a false accusation that will […]

What Is the Legal Definition of Sexual Penetration?

April 22, 2015

A good number of sex crimes listed in the Texas Penal Code require penetration to occur before they are considered an offense. Therefore, it’s important for anyone who is accused of one of these crimes to know what the law says about penetration.