Sexual Performance by a Child

The crime of Sexual Performance by a Child is prosecuted under Texas Penal Code Section 43.25(b) as a Second-Degree Felony. The crime can be charged as a first-degree felony if the child is younger than 14 at the time of the offense.

The statute defines the term "sexual performance” to mean any performance of part thereof that includes sexual conduct by a child younger than 18 years of age.

If you were charged with the offense of sexual performance of a child, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX.


Elements of Texas Penal Code Section 43.25(b)

The elements of the offense of sexual performance of a child under Texas Penal Code Section 43.25(b) include:

  • the defendant employs, authorizes, or induces a child younger than 18 years of age;
  • to engage in sexual conduct or a sexual performance;
  • knowing the character and content thereof.

A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation of the child in a sexual performance.


Affirmative Defenses to Crimes for Sexual Performance of a Child

Texas law provides for several affirmative defenses to the offense of sexual performance by a child including: 

  • the defendant was the spouse of the child at the time of the offense; 
  • the conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, legislative purpose; or
  • the defendant is not more than two years older than the child.

For these affirmative defenses, the burden of proof is on the defendant to prove an affirmative defense by a preponderance of the evidence.


Definitions for the Crime of Sexual Performance by a Child

The term “sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

The term “performance” means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons. The term “simulated” means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.


Finding an Attorney for Sexual Performance Crimes in Bexar County, TX

If you are charged with the crime of inducing the sexual performance of a child in San Antonio, TX, or the surrounding areas, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC for sexually motivated crimes in Bexar County.

Call (210) 738-8383 today for a free and confidential consultation. During the consultation, you can talk with Don Flanary about the criminal charges pending against you, possible defenses, and the best ways to fight false accusations.


This article was last updated on Monday, December 19, 2016.

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