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Criminal Law Blog

Your Guide to Sex Offender Restrictions in Texas

Posted on October 30, 2019 by Law Office of Brett A Podolsky

Were you convicted of a sex crime? Are you required to register as a sex offender after your prison sentence? You’re not alone. It’s estimated that over 740,000 registered sex offenders reside within the U.S. While they aren’t sentenced to a life behind bars, a sexual offender’s lifestyle is highly restricted even after they’re released from jail. If you’re currently serving time, then you’re likely wondering how...

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Diving into the Unsolicited Sexual Content Law

Posted on October 16, 2019 by Law Office of Brett A Podolsky

One of the many new laws to hit the books on September 1, 2019, was HB 2789, informally known as the "unsolicited sexual content law." It is an amendment to Texas Penal Code Chapter 21, Sexual Offenses. The added section to the code is formally entitled “Unlawful Transmission of Sexually Explicit Visual Material.” In simpler terms, the new law prohibits anyone from sending nude pictures via text,...

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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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