Discover More About the Penalties of Sex Crimes
Crime is a crime, in every state, but the type of crimes and the punishments that are handed down by a judge can vary, from state to state. But in all states, certain crimes are handed down tougher punishments and higher bail, for sex crimes as one example.
In Texas, how serious is a sex crime?
For most sex offenses, the Texas courts will try a misdemeanor sex offense at the state level. These crimes include indecent exposure or offering a sexual favor for money.
The more serious sex crimes that are tried in federal court include an adult having sex with a person under the age of sixteen or if the defendant crosses the state line to commit a sex crime. In Texas, if the defendant has exchanged communication with the victim located in another state, this will be charged as a federal crime. Other sex crimes in Texas include:
- Sexual Assault
- Prostitution & Solicitation
- Indecent Exposure & Public Lewdness
- Revenge Porn
- Child Pornography
Is bail more for a sex crime compared to other crimes in Texas?
In Texas, bail for sex crimes can be handed down by the judge, depending on several factors. Those factors include the seriousness of the crime, the defendant’s criminal record, and if the judge sees the defendant as a threat to others and public safety.
Most bail bond fees are 10% of the total bail amount, however, a bail bond agent has the right to charge up to 15% for bail for sex crimes. For instance, a person who is arrested for disturbing the peace may have a bail set for $20,000.00. A bail bond agent will typically require a payment of $2,000 to post bail. For sex crimes, a defendant may have a higher bail amount, and the bail bond agent may require 15% to post the bail.
How long do sex offenders go to jail in Texas?
Once a person has been arrested for a sex crime, they will be presented before the arraigning judge who will determine if they will be allowed to post bail for sex crimes, and the bail amount by the arraigning judge.
Next, the defendant will be given a court date. Their case will be presented before a judge and jury, and if they are found guilty of sex crimes will face the possible sentencing:
- Felony Sex Crimes:
The following are mandatory sentencing in the state if Texas if found guilty:
- 1st Degree: Prison time for a minimum of 5 years to a maximum of 99 years in addition to a maximum fine of $10,000
- 2nd Degree: Prison time for a minimum of 2 years to a maximum of 20 years in prison and a maximum fine of up to $10,000
- 3rd Degree: Prison time for a minimum of 2 years to a maximum of 10 years in addition to a maximum fine of $10,000
- Misdemeanor Sex Crimes
The following are mandatory sentencing in the state of Texas if found guilty:
- Class C: A maximum fine of $500
- Class B: Jail time for a maximum of 180 days and/or a maximum fine of $2,000
- Class A: Jail time for a maximum of 12 months and a maximum fine of $4,000
What is the sentence for a first-time sex offense?
A first-time offender will still be arrested, they will still face the same posting bail for sex crimes as repeat offenders after being presented before the arraigning judge who will set bail for sex crimes. The difference starts with the sentencing. In Texas, a sexual assault sex crime is charged as a second-degree felony. IF found guilty, a first-time sex offender could be sentenced to state prison for a minimum of 2 years and a maximum of 20 years with a maximum fine of $10,000.
A first-time sex offender typically won’t be sentenced to the full 20 years of prison time if they have no previous criminal history. However, anyone who is charged with a sex crime and has a criminal history will most likely be sentenced to the full 20 years. In some cases, a judge can use their own discretion to increase the
If you can’t post bail for sex crimes, how long will you remain in jail?
As in most states, when a person is arrested for sex crimes and allowed to post bail for sex crimes but can’t, will remain in jail. There are occasions with the representation of a lawyer that a person unable to post bail for sex crimes is allowed out by the judge.
In Closing
It has been said time and again, “Crime doesn’t pay.”, and when it comes to sex crimes, that couldn’t be more accurate. From the arrest and arraignment, the cost of any crime starts, especially posting a bail bond for sex crimes or any type of crime, and carries on with hiring an attorney, possible loss of employment, and more. If you need assistance with bail for sex crimes in Austin, TX, please give our professional team a call at 512.834.2245.