Texas Penal Code 21.06 – Homosexual Conduct

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/ Texas Penal Code 21.06 – Homosexual Conduct

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Texas Penal Code 21.06 – Homosexual Conduct

WHAT IS HOMOSEXUAL CONDUCT IN TEXAS?

The Texas law against homosexual conduct was declared unconstitutional by the U.S. Supreme Court in 2003, but the statute remains in the Penal Code.

WHAT IS THE HOMOSEXUAL CONDUCT LAW IN TEXAS?

Tex. Penal Code § 21.06. HOMOSEXUAL CONDUCT.

(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b) An offense under this section is a Class C misdemeanor.

WHAT IS THE PENALTY CLASS FOR HOMOSEXUAL CONDUCT IN TEXAS?

Texas law prohibiting homosexual conduct is not enforceable. Prior to 2003, a person could be charged with a Class C misdemeanor, punishable by a maximum fine of $500.

WHAT IS THE PUNISHMENT RANGE FOR HOMOSEXUAL CONDUCT IN TEXAS?

The punishment range for a Class C misdemeanor is a fine of up to $500.

WHAT ARE THE PENALTIES FOR HOMOSEXUAL CONDUCT IN TEXAS?

A person charged with a Class C misdemeanor may be ordered to pay a fine of up to $500 upon conviction. To avoid a conviction, a person may be granted deferred adjudication for a maximum period of 180 days.

WHAT ARE THE DEFENSES TO HOMOSEXUAL CONDUCT IN TEXAS?

Law enforcement may not charge a person with homosexual conduct, as the statute is unconstitutional.

WHAT IS THE STATUTE OF LIMITATIONS FOR HOMOSEXUAL CONDUCT IN TEXAS?

The limitation period for a Class C misdemeanor is two years.

HOMOSEXUAL CONDUCT IN TEXAS

The law prohibiting homosexual conduct was held unconstitutional by the U.S. Supreme Court in 2003. The government may not criminalize private, intimate sexual acts between consenting adults. See Lawrence v. Texas, 539 U.S. 558 (2003).

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Texas Penal Code 71.02 – Engaging in Organized Criminal Activity

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CHARGES DISMISSED

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.

CHARGES DISMISSED

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.

CHARGES DISMISSED

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.

CHARGES DISMISSED

DWI 2ND

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.

CHARGES DISMISSED

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.

CHARGES DISMISSED

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.

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