Prohibited Sexual Conduct

Sexual activity between people linked by consanguinity is often referred to as incest. Every state in the nation has some kind of law prohibiting incest, and alleged offenders in Texas will be charged with prohibited sexual conduct.

Prohibited sexual conduct is a felony offense in Texas, and consent is not a defense against these criminal charges. When an alleged offense does involve an alleged lack of consent, however, the alleged offender may also be prosecuted for additional sexual offenses, such as sexual assault or child abuse.

Lawyer for Prohibited Sexual Conduct Arrests in Conroe, TX

If you were arrested anywhere in Montgomery County or Harris County for an alleged prohibited sexual conduct offense, it would be in your best interest to immediately retain legal counsel. Evans & Powell, PLLC defends clients charged with sex crimes in The Woodlands, Shenandoah, Panorama Village, Porter Heights, Oak Ridge North, Cut and Shoot, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who can fight to help you achieve the most favorable resolution to your case that results in the fewest possible consequences. Call (936) 622-2000 to have our lawyers provide an honest and thorough evaluation of your case during a free initial consultation.


Overview of Incest Crimes in Montgomery County


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Prohibited Sexual Conduct Charges in Texas

Texas Penal Code § 25.02(a) establishes that a person commits the offense of prohibited sexual conduct if he or she engages in sexual intercourse or deviate sexual intercourse with another person the alleged offender knows to be, without regard to legitimacy:

  • the alleged offender's ancestor or descendant by blood or adoption;
  • the alleged offender's current or former stepchild or stepparent;
  • the alleged offender's parent's brother or sister of the whole or half blood;
  • the alleged offender's brother or sister of the whole or half blood or by adoption;
  • the children of the alleged offender's brother or sister of the whole or half blood or by adoption; or
  • the son or daughter of the alleged offender's aunt or uncle of the whole or half blood or by adoption.

Under Texas Penal Code § 25.02(b), deviate sexual intercourse is defined as “any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.” Sexual intercourse is defined as “any penetration of the female sex organ by the male sex organ.”


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Montgomery County Incest Penalties

Prohibited sexual conduct is generally classified as a third-degree felony. A conviction is punishable by up to 10 years in prison and/or a fine of up to $10,000.

If an alleged offender is specifically charged with engaging in sexual intercourse or deviate sexual intercourse with another person, he or she knows to be his or her ancestor or descendant by blood or adoption, prohibited sexual conduct becomes a second-degree felony. In such cases, convictions are punishable by up to 20 years in prison and/or a fine of up to $10,000.


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Texas Resources for Prohibited Sexual Conduct

Houston doctors find dilemma in tests showing incest — Read a February 11, 2011, Houston Chronicle article discussing a letter the Baylor College of Medicine geneticists had published in the British medical journal The Lancet. The letter discussed how modern DNA testing is “revealing many previously missed incest cases that raise difficult legal and ethical questions.” Dr. Arthur Beaudet, Baylor's chairman of molecular and human genetics and one of the letter's authors, wrote in the letter that "clinicians uncovering a likely incestuous relationship may be legally required to report it to child protection services and, potentially, law enforcement officials" since the pregnancy might have occurred "in the setting of sexual abuse."

State Criminal Incest Statutes — The American Prosecutors Research Institute (APRI) is a nonprofit research and program development resource for prosecutors founded by the National District Attorneys Association (NDAA). View an APRI table that lists each state’s incest laws, including prohibited relationships and prohibited acts. Texas does not specify an age to commit the offense of prohibited sexual conduct, but it does have aggravated distinctions.


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Evans & Powell, PLLC | Conroe Prohibited Sexual Conduct Defense Attorney

Were you arrested for allegedly engaging in prohibited sexual conduct in Montgomery County or Harris County? Do not make any kind of statement to authorities without legal representation. You will want to quickly contact Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent individuals in communities all over Montgomery County and Harris County, such as Patton Village, Pinehurst, Splendora, Magnolia, Willis, Woodbranch, and several other nearby areas. They can review your case and discuss all of your legal options when you call (936) 622-2000 or complete an online contact form to set up a free, confidential consultation.



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