By Kevin L. Collins | Published July 1, 2022 | Posted in Criminal Law | Tagged Tags: federal court, sex crimes, title 18 | Comments Off on What Are the Differences Between State and Federal Sex Crimes?
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What Are the Differences Between State and Federal Sex Crimes?
Most sex crime prosecutions in Texas take place in state courts, usually in the state courthouse nearest to where the crime took place. But some sex crimes violate both state and federal law. In those situations, the case can be tried in either federal or state court, and a person can even face two prosecutions. Read More
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White Collar Crimes Most Often Prosecuted in Texas
“White collar” crime is generally defined as diverting money or property from rightful owners without using violence, physical force or threats. Such crimes usually involve fraudulent activity and occur in a business, marketplace or government setting. Advances in communication and information technologies have resulted in a tremendous increase in white-collar crime. In fact, there are Read More
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Drug/DWI Specialty Courts Offer Alternatives to Criminal Penalties
Drug abuse and drunk driving are serious problems in Texas, just as they are throughout the nation. While state criminal laws seek to address the issues by adopting stiff penalties, most people who violate these laws do so because of physical and/or mental conditions, not due to criminal intent. One strategy for dealing with the Read More
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Raising Consent as a Defense in Sexual Assault Cases
Sexual assault is a serious crime and a conviction can result in a lengthy prison sentence, heavy fines and other penalties. Also, a criminal record can easily result in the loss of employment and reputation and also can foreclose future business and personal opportunities. Therefore, any allegation of sexual assault should be taken with the Read More
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The Most Common Texas Juvenile Offenses and Their Penalties
Children may end up on the wrong side of the law while growing up. Juvenile delinquency is partly attributable to immaturity and lack of life experience. Most offenses committed by juveniles are isolated incidents of youthful indiscretion. However, minors can also be charged with serious and sometimes violent offenses. Such charges should be met by Read More
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How a Title IX Violation Can Lead to a Criminal Prosecution
Congress enacted Title IX of the Education Amendments of 1972 to prevent gender discrimination in educational institutions that receive federal funding, including academic, athletic and social programs. As years passed, a series of court decisions expanded the scope of Title IX to include protection against sexual harassment, sexual assault, rape and other acts of sexual Read More
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The New Texas Permitless Gun Carry Law: What You Need to Know
On September 1, 2021, a variety of new and revised firearm laws went into effect in Texas. The most significant new statute is the “permitless carry” law. Also known as “constitutional carry,” it means that a person who is 21 years or older and not otherwise prohibited by law is allowed to carry a handgun Read More
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When Is a Company Criminally Liable for an Employee’s Fraud?
Prosecutions for white-collar crimes like fraud are often brought against people who work for corporations or other organizations. Even though the fraudulent activity may not have been authorized, the company that employs the individual might also be exposed to criminal liability under federal or state law. However, this liability is not automatic and requires a Read More
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Penalties Increased for Solicitation of Prostitution and for Human Trafficking
Texas has become the first state to make the crime of soliciting prostitution a felony. The new law, which took effect on September 1, 2021, is part of a legislative effort to crack down on human trafficking. It also increases the criminal penalties imposed for recruiting victims from shelters or certain residential treatment centers for Read More
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New Texas Laws Expand Definitions of Sexual Assault and Sexual Abuse
Texas has toughened its laws on sex offenses by adding to the types of conduct that can be prosecuted as sexual assault or sexual abuse. The statutory changes, which took effect on September 1, 2021, address a broad range of conduct and target people in certain professions that involve close working relationships with potential victims. Read More
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