Houston Attorney Explains Prohibited Sexual Conduct
If you have been charged with the very serious offense of prohibited sexual conduct under Texas law then contact Houston criminal defense attorney Matt Horak. These charges are often difficult to defend because Texas law gives prosecutors wide latitude in charging the offense even with the timing of the allegations are vague.
In many cases, the mere allegation by the alleged victim is sufficient to bring charges even when no physical evidence supports the charges of prohibited sexual conduct. Additionally, establishing an alibi defense is often difficult because Texas law is well established that the “on or about” language of an indictment allows the State to prove a date other than the one alleged in the indictment as long as the date is prior to the presentation of the indictment and not so remote that prosecution for prohibited sexual conduct is barred by the statute of limitations under Texas law.
Prohibited Sexual Conduct under Texas Law
A person can be charged with the offense of prohibited sexual conduct if it is alleged that the person engages in sexual intercourse with another person the actor knows to be, without regard to legitimacy, the actor's current or former stepchild. See Texas Statute § 25.02(a)(2) (Vernon Supp.2009).
Certain enhancements apply which can carry a sentencing range of 25 to 99 years or life in prison under Texas Statute section 12.42(c)(2)(A)(i), (B)(ii), or a mandatory life sentence under Texas Statute § 12.42(c)(2)(A)(i), (B)(ii).
Finding a Houston Attorney for Prohibited Sexual Conduct Charges
If you have been accused of the serious criminal offense of "prohibited sexual conduct" then contact an experienced Harris County sex crimes defense attorney, Matt Horak, with offices in Houston and The Woodlands, TX. Call Horak Law locally at (713) 225-8000 or toll-free at (800) 225-8009.