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Criminal Law Blog

Mental Capacity and Sex Crimes Criminal Defense

Posted on May 14, 2019 by Law Office of Brett A Podolsky

  Most people accused of a sex crime have one of two options when making their cases in court. They can have their lawyers enter a plea of innocent or guilty depending on factors like the evidence against them, prior criminal histories, and eyewitness testimonies. However, these two plea options may not adequately apply to the cases of people accused of sex crimes who also are found to...

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What You Need to Know About Improper Student-Teacher Relationships

Posted on February 6, 2019 by Law Office of Brett A Podolsky

The American media is reporting more on inappropriate relationships between educators and students. When these cases are brought to life, the media make it a point to highlight the punishments that educators receive for having sexual relations with students. In fact, most people in America today know that such relationships are illegal. However, they may not necessarily know why. The penalties for these illicit relationships are based...

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Texas Sexting Laws and Penalties

Posted on July 25, 2018 by Law Office of Brett A Podolsky

Texas Penal Code Section 43.21 targets obscenity and defines "obscene material" as material that an average person in the application of “contemporary community standards” would take, as a whole, appealing to an excessive interest in sexual matters. The law says it may also concern descriptions and/or representations of sexual acts, simulated sexual acts, sodomy, lewd exhibits of genitalia, bestiality, and/or sexual devices used to stimulate the...

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Texas Court Blocks Revenge Porn Law

Posted on May 2, 2018 by Law Office of Brett A Podolsky

The Texas appeals court has blocked the earlier revenge porn law [the Relationship Privacy Act, SB 1135(2015)] due to Constitutional concerns. The law previously prohibited the promotion or disclosure of intimate images without obtaining consent from the individual(s) depicted. (more…)

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What is the Age of Consent in Texas?

Posted on November 9, 2017 by Law Office of Brett A Podolsky

In Texas, the age of consent is 17 years old. Throughout the United States, each state’s age of consent is the youngest age at which a person is deemed mature enough by law to consent to sexual activity with a partner. In other words, a person 16 years of age or younger in the state of Texas isn’t legally old enough to agree to participate in...

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