Law Office of Brett A. Podolsky - Criminal Defense Attorney
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 […]
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 […]
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.
Prosecutors tend to be under tremendous pressure from victim’s advocacy groups and the public at large to “make sex offenders pay.” That doesn’t mean sex crimes can’t be defended, as the burden of proof is always on the government to show that a defendant committed an act beyond a reasonable doubt. If you or a […]
A number of acts may be charged as crimes if there is a lack of consent. Consent is defined in Section 1.07 (11) of the Texas Penal Code as being “assent in fact, whether express or apparent.” This means an individual must agree or give permission for certain acts to take place. The Texas definition […]