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Sexual Performance by a Child

In Texas, this crime can involve any performance by a child younger than the age of 18 that involves sexual conduct. Sexual conduct can involve any of the following:

  • Actual or simulated sexual intercourse,
  • Deviate sexual intercourse,
  • Sexual contact,
  • Masturbation,
  • Lewd exhibition of the genitals, anus or female breast below the areola,
  • Sexual bestiality, and
  • Sado-masochistic abuse.

If you have been charged with committing sexual performance by a child, it is important to know that you will not necessarily be convicted of the offense. The state prosecutor has the burden of proving you committed every element of the offense beyond a reasonable doubt. This can be a very difficult burden to meet. If the judge or jury has any doubt you committed even the smallest of the offense, the charges against you may be reduced or even dismissed.

Dallas Child Sexual Performance Defense Lawyer

Contact Stuckle & Associates PLLC for a consultation about your sexual performance by a child charges throughout North Texas, including Fort Worth, Plano, and Arlington. The attorneys of Stuckle & Associates PLLC are experienced in defending allegations of child sex performance and will make every effort to fight the allegations against you. Call (972) 423-4405 for your free case review today.


Texas Child Sex Performance Crime Information Center


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Child Sex Performance Definitions under State Laws

As defined in section 43.01 of the Texas Penal Code, sexual performance of a child can involve a number of acts that involve sexual conduct, including:

  • Deviate sexual intercourse – Texas law defines this as any contact between a person’s genitals and the mouth or anus of another person;
  • Sexual contact – Texas law defines this as the touching of a person’s breast, anus or genitals with the intent to arouse any person or gratify their sexual desires.
  • Sexual intercourse – Texas law defines this as the penetration of a female sex organ by the sex organ of a male.

Texas law defines a performance as any play, photograph, dance, motion picture, movie, video, photo, picture, digital picture or video, or any other visual representation that can be performed in front of one or more person, including pornography.


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Common Offenses in North Texas

According to Texas Penal Code § 43.25(b), an individual can be charged with a child sex performance offense in Texas if they employ, authorize or induce a child under the age of 18 to engage in sexual conduct or a sexual performance. Additionally, a parent to a child under the age of 18 can be charged with this offense if they consent to the participation of their child in a sexual performance.

This degree of sexual performance of a child is generally punishable as a felony of the second degree; however if the offense was committed when the child was under the age of 14, the alleged offender can be convicted of a felony of the first degree offense.

An individual can also be charged with sexual performance of a child under Tex. Penal Code § 43.25(d) if they produce, promote or direct a performance that includes sexual conduct of a child under the age of 18 and they know the character and content of the material.

This type of child sexual performance offense is generally punishable as a felony of the third degree. The alleged offender can be convicted of a felony of the second degree if the child was younger than 14 years old at the time of the alleged offense.


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Defense Strategies for Child Sex Performance Allegations

Depending on the facts of your child sex performance case, a defense may be available to the allegations against you. Some of the most common defenses in Dallas are listed below. It is important to contact an experienced criminal defense lawyer about the particular facts of your case, as these defenses are not available to every situation.

  • Mistake
  • False Accusations
  • Lack of Intent or Knowledge
  • Alibi

Additionally, an affirmative defense may be available be in your particular case. An affirmative defense may be used in cases where the act would generally be considered a criminal offense, but is not in your case because of some specific reason. Affirmative defenses to sexual performance of a child can include:

  • If the alleged offender was the spouse of the child when the alleged offense occurred;
  • The alleged offender is not more than two years older than the child at the time of the alleged offense; or
  • The conduct was for a legitimate medical, educational, psychological, law enforcement, judicial, psychiatric or legislative purpose.

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Potential Penalties After Conviction

The basic statutory penalties for a child sex performance offense are defined in Chapter 12 of the Texas Penal Code. In addition to these penalties, an alleged offender may also be subjected to:

  • A possibly permanent criminal record,
  • Sex offender registration requirements,
  • Public embarrassment or humiliation,
  • An inability to own or possess a gun or firearm,
  • A refusal to be admitted into certain educational, college or graduate school programs,
  • Loss of certain professional licenses, and/or
  • Ineligibility to apply for or pursue certain jobs, professions or occupations.

An individual convicted of a felony of the third degree sexual performance of a child offense can face a prison sentence ranging from two to 10 years and/or a fine up to $10,000.

An individual charged with a sexual performance of a child offense that is punishable as a felony of the second degree can receive a prison sentence ranging from two to 20 years and/or a fine up to $10,000, if convicted.

A felony of the first degree sexual performance of a child conviction can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.


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Hiring an Aggressive Attorney for Child Sexual Performance Charges in Fort Worth

If you have been accused of an offense involving sexual performance by a child in Collin County, Dallas County, Tarrant County, Denton County, or the surrounding areas contact Stuckle & Associates PLLC. Paul Stuckle knows that an aggressive approach is important in defending your future, and he is determined to fight tirelessly on behalf of every client. Call (972) 423-4405 to schedule your free consultation or send an online message about your alleged child sex performance offense.