Texas Penal Code 21.18 – Sexual Coercion
WHAT IS SEXUAL COERCION IN TEXAS?
Sexual coercion is extorting or blackmailing another person to extract money, valuable property, sexual favors, or elicit photographs or videos from that person. The statute lists examples of extortion or blackmail by threatening to commit an offense, including compelling prostitution, human trafficking, continuous sexual abuse, sexual assault, or indecency with a child, among several others. The threat may be communicated through social media, a website, in person, or by any other means.
WHAT IS THE SEXUAL COERCION LAW IN TEXAS?
Tex. Penal Code § 21.18. SEXUAL COERCION.
(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or gratification; or
(3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or gratification.
(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.
(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.
WHAT IS THE PENALTY CLASS FOR SEXUAL COERCION IN TEXAS?
Sexual coercion is a state jail felony, punishable by 180 days to two years in a state jail facility. The punishment is more severe for repeat offenders: if someone has been convicted at least once previously of sexual coercion, a subsequent offense is enhanced to a third degree felony, punishable by two to ten years in prison.
- Can sexual coercion be enhanced to a second degree felony? Yes. if the offense is committed against a public servant, or a member of the public servant’s family or household, in retaliation for or on account of the public servant’s status or service, the penalty classification is increased to a second degree felony, punishable by two to 20 years in prison. See Tex. Penal Code § 12.501.
WHAT IS THE PUNISHMENT RANGE FOR SEXUAL COERCION IN TEXAS?
The punishment range for sexual coercion charged as a state jail felony is 180 days to two years in a state jail facility, and up to a $10,000 fine. The second time a person is convicted of sexual coercion, it is a third degree felony, which carries between two and ten years in prison, and up to a $10,000 fine.
If committed against a public servant and enhanced to a second degree felony, the punishment range is two to 20 years in prison, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR SEXUAL COERCION IN TEXAS?
A person charged with state jail felony sexual coercion may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period between two and five years, with the possibility of extending supervision for up to ten years. A person charged with sexual coercion as a third degree or second degree felony may be placed on probation or deferred adjudication for up to ten years.
WHAT ARE THE DEFENSES TO SEXUAL COERCION IN TEXAS?
The statute does not authorize any defenses for sexual coercion, but a person may attempt to negate one of the elements the State must prove beyond a reasonable doubt.
WHAT IS THE STATUTE OF LIMITATIONS FOR SEXUAL COERCION IN TEXAS?
The limitation period for sexual coercion is three years.
SEXUAL COERCION IN TEXAS
Sexual coercion is usually committed in addition to other offenses, including human trafficking, compelling prostitution, or sexual abuse of a child, elderly, or disabled individual. This statute was enacted in 2017 to deter conduct surrounding sexual offenses by criminalizing any threats to force another to commit certain acts, including non-consensual sexual acts.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.