John T. Floyd, a board-certified criminal defense attorney, brings three decades of expertise defending individuals facing serious allegations of sexual abuse in Houston, across the State of Texas, and in federal courts nationwide. With a track record of successfully representing thousands of clients under investigation for serious sex crimes, he often avoids criminal charges from being pursued.
Mr. Floyd’s achievements extend beyond the norm; he has effectively litigated dozens of intricate child sex crime cases before juries, securing “not guilty” verdicts for his clients. With an experienced and professional approach, Mr. Floyd has triumphed in cases deemed unwinnable by other lawyers, garnering attention from various media outlets and newspapers throughout Texas. These high-profile successes solidify his reputation as an expert in criminal law.
John T. Floyd, a renowned expert in criminal law, has authored comprehensive works on false accusations of sex crimes, particularly those concerning minors. His expertise extends to providing insightful commentary on notable sex crime cases through appearances on national news programs. Mr. Floyd acknowledges the prevalence of false sex crime allegations, a reality often underestimated by both media and law enforcement. Dedicated to thwarting wrongful convictions and incarcerations stemming from false accusations, he remains steadfast in his commitment.
Allegations of, and convictions for, sex crimes have devastating personal, professional, and legal consequences. Most sex crimes are serious felonies under both state and federal law. Regardless of the circumstances, the mere accusation of a sex crime can dramatically change your life, while a conviction for a sex offense can literally destroy it.
Being a sex offender places you in the most vilified group in society. That’s because sex offenders are universally despised and ostracized from mainstream society. Housing and employment opportunities become exceedingly difficult to find. Family and friends often drift away. Depression and hopelessness become a part of daily life for convicted sex offenders.
Virtually every state in this country has passed sex registration or civil commitment laws. These laws are designed to keep sex offenders under lifetime supervision and surveillance. Civil commitment is lockdown preventive detention in mental health facilities, while sex offender registration is a lifetime community monitoring program. The former incapacitates while the latter restricts. Either way, you will always be in the custody of the government.
Texas has some of the nation’s most punitive sex crime laws with mandatory minimums, severe monitoring for released offenders, and expanded child safety zones to restrict an offender’s movements. Since the 1990s, sex offenses have moved from general criminal laws to their own unique breed with relaxed evidentiary requirements, increased penalties (mandatory life sentences for some repeat offenses), longer periods of incarceration, and reduced opportunities for early release on parole.
Penalties for sex offenses are laid out in the Texas Penal Code. There are four primary categories: indecency with a child (Penal code § 21.11); sexual assault (§ 22.011) [commonly referred to as rape in many states]; aggravated sexual assault (§ 22.021); and possession of child pornography (§ 42.26).
Indecency with a child occurs when a person engages in sexual contact with a child, regardless of gender, when the child is under 17 years of age and is not the offender’s spouse. The Texas Court of Criminal Appeals recently held that a defendant could not be punished for contacting and penetrating a victim’s sexual organ with multiple sentences. Indecency with a child can be either a second or three-degree felony, depending upon the circumstances, meaning the maximum term of imprisonment could be as high as 10 or 20 years.
Sexual assault of a child occurs if the victim is younger than 17 years of age, with the assault becoming “aggravated” if the victim is younger than 14 years of age. Sexual assault of a child is a second-degree felony, while aggravated sexual assault of a child is a first-degree felony, meaning a possible life sentence in prison.
Offenses with Mandatory 25-Life
In 2007, the Texas Legislature created two new crimes: continuous sexual abuse of a child (the Jessica Lunsford Act) and “super” aggravated sexual assault.
Continuous sexual abuse of a child involves (two or more acts) of sexual abuse of a child under the age of 14 over a period of 30 days. This is a first-degree felony. § 22.02 requires a minimum penalty of 25 years with no provision for early release.
Super aggravated sexual assault imposes a mandatory minimum sentence of 25 years for the sexual assault of a child if the victim is younger than 6 or if the victim is younger than 14 and the defendant engages in such violent conduct as to raise the sexual assault of an adult to aggravated sexual assault.
An automatic life sentence without parole is imposed on repeat offenders for either offense. There is no possibility of probation or deferred adjudication.
Child pornography is “visual material depicting a child under 18 at the time the image was made engaging in sexual conduct.” The Penal Code defines the term ” possession ” as “actual care, custody, control or management.” Possession of child pornography can be either a third or second-degree felony, depending upon the amount possessed.
Two additional sex crimes are commonly associated with the possession of child pornography: improper videoing or photographing a minor (§ 21.15) and sexual performance of a child (§ 43.25). The former is a state jail felony, while the latter is a second-degree felony subject to increase to a first-degree felony if the victim is under 14. Restitution can also be ordered for individuals victimized by pornography.
Federal lawmakers have elected to prioritize sex crime much the same way as it has crimes against national security. Every year, new “tough-on-crime,” feel-good legislation is passed to make prosecuting federal sex crimes easier and their resulting punishments tougher.
For example, over the last 15 years, child pornography sentences have increased by 500 percent. According to Families Against Mandatory Minimums, there are 48 federal sex crimes that carry a mandatory minimum of 5 years to life imprisonment. The mandatory minimum in 32 of those crimes is 15 years or more.
Do Not Talk to Federal Law Enforcement Agents FBI without a Lawyer
Not realizing the seriousness or the criminal nature of the conduct, many individuals contacted about allegations of federal sex crimes talk to law enforcement agents without a lawyer.
Federal law enforcement agents are trained in interview tactics, which gently, or sometimes forcefully, apply psychological pressure on individuals to talk. Many times law enforcement will mislead suspects of their intent to “close the case” after the interview. Do not be fooled by any of these police tactics; do not talk to any law enforcement agents without an experienced sex crimes lawyer.
There has been a proliferation of federal child protection laws over the past three decades, which is alarming.
The following is a list of many of the laws enacted by Congress during that period regarding child pornography-related offenses:
Below is a sample list of the child exploitation laws that have come out of the Acts and which can be found in Title 18 United States Code:
Federal lawmakers have been able to scare the public into accepting these laws, many of which unnecessarily overlap with “estimates” that there are 100,000 sexual predators in the United States whose whereabouts are unknown. This is in addition to the more than 800,000 registered sex offenders in this country, more than 85,000 of whom reside in Texas.
The U.S. Government Accountability Office identifies the following Federal government agencies responsible for detecting, investigating, and preventing child-related sexual abuse:
The consequences of a federal or state sex crimes conviction do not end with the completion of the almost inevitable stiff prison sentence imposed upon conviction.
Under the National Sex Offender Registration and Notification System (SORNA), sex offenders must register and maintain current sex offender registration information about his or her residence location, school attendance data, employment status data, and other personal information.
There are three tiers of sex offender registration under SORNA, each encompassing certain sex offense designations. Tier I sex offenses require 15 years of registration, while Tier II requires 25 years. Tier III demands lifetime registration.
Failure to register, to update status, and to enter improper information is a federal felony and can result in a sentence of up to 10 years and significant fines. Failure to register can also be prosecuted in state courts, and in Texas can carry penalties as high as 10 years in prison.
The National Registry requires the disclosure to the public of the following personal information:
Convicted federal sex offenders, as conditions of a prison sentence, may be required to enroll in a residential Sex Offender Treatment Program (SOTP) or Sex Offender Management Program (SOMP) at a Federal Medical Center operated by the Federal Bureau of Prisons.
Released federal sex offenders are subject to reporting requirements before international travel and may have their passports revoked at any time by the Secretary of State.
If you are confronted with accusations of a sex crime, do not talk to the police or federal agents. These investigators are trained to get people to talk. They manipulate an individual’s natural instinct to defend against such accusations to elicit information from which incriminating inferences can be drawn. Be smart. Contact an experienced criminal defense attorney at the first hint of a sex crimes accusation.
An experienced sex crimes attorney can help you protect your rights and privacy throughout the course of the investigation while advising you against saying or doing anything that could harm your case.
John T. Floyd has years of experience defending individuals accused of sex crimes in state and federal courts. He has earned a reputation nationwide as one of the top sex crime attorneys in the country. Backed by a team of investigators, DNA experts, psychiatrists, and jury consultants, Mr. Floyd has won countless victories against some of the toughest odds. He believes an early and thorough investigation and extensive trial preparation make for the best possible defense.
It is sad to say, but allegations of sex crimes involving children often shift the perceived emotional burden of proof, forcing defendants to mount a defense that practically proves innocence. Only after exhaustive preparation can such a defense be attempted.
This seasoned criminal defense attorney has spoken on national news outlets as an expert on sex crimes defense. He has written extensively on unique issues such as false allegations, sex offender registrations, and DNA exonerations. Mr. Floyd has the experience, expertise, and resources you need to obtain the best possible outcome for your sex crime case.
At The John T. Floyd Law Firm, we know that you have a lot at stake. That is why we will make every effort to handle your case with confidentiality, urgency, and compassion.
John T. Floyd is not afraid to take on even the most complex or severe sex crime accusations or charges, and he will invest every possible resource into securing the best outcome for you and your case. Together with Mr. Floyd, you can avoid crippling consequences and move forward with your life.
Do not gamble with your future by hiring anyone but the best. Contact The John T. Floyd Law Firm to schedule a confidential consultation at our Houston office. We can be reached at 713-224-0101 or via email.
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