A recent ruling of the Texas Court of Criminal Appeals, the state’s highest court, declares that the use of explicit sexual language in conversations with a minor is no longer illegal. A portion of Texas’ Online Solicitation of Minors law used to grant up to 10 years imprisonment to individuals who would send messages of a sexual tone, nature, and content to minors under 17 years of age (the age of consent in Texas) in order to arouse or gratify sexual desire. This statute, however, is now officially declared to be null.
According to an article in Chron.com, the 2005 statute was considered to be too broad and vague; it could encompass several cases of verbal sexual expression that are constitutionally protected by the right to free speech, such as sending “messages, links or images about anything ‘sexually explicit’ including television shows, movies, and performances.” The article reports:
That means soliciting a person under the age of 17 for sex remains illegal, but talking dirty with a child is protected by the U.S. Constitution. Judge Cathy Cochran, who penned the ruling, said the law “may protect children from suspected sexual predators before they ever express any intent to commit illegal sexual acts, but it prohibits the dissemination of a vast array of constitutionally protected speech and materials.”
This decision was met with apprehension and criticism, particularly from law enforcement officials and authorities who explained that eliminating the said law allows adults to continue to send sexual messages to minors without fear of being arrested.
The court, however, assures Texans that there are other statutes that protect minors from sexual offenders, such as the statutes banning solicitation, harassment, and obscenity. Furthermore, the law banning the communication with a minor through Internet or text messaging with the intention to meet up for a sexual activity is left intact.
Individuals who have been convicted under this law may file a writ for the case to be considered invalid. Approaching a trusted Houston sex crimes lawyer can be the first step towards giving the best protection and defense available to a victim falsely accused of a sex crime; a lawyer can represent the accused in court to help him be cleared of any wrongdoing on the basis of the law. With the aid of a reputable sex crime lawyer, such as those from Greater Houston Defense, victims—from either side— can see to it that justice is given where it is due.
(Article Excerpt and Image from Texas court: ok to ‘talk dirty’ to minors, Chron.com, 30 October 2013)