Can a Juvenile be Arrested for Child Porn or Sexual Assault?

You may think it’s unlikely for a juvenile to be arrested for such crimes as promoting child pornography and aggravated sexual assault of a child.

But that’s exactly what happened to a juvenile in Harris County recently.

According to the Harris County Precinct 4 Constable’s Office, a high-tech crimes division got a cyber tip from the National Center for Missing and Exploited Children regarding an online account featuring images of a child being sexually exploited.

As reported by KPRC NBC Channel 2, investigators then traced the source of the account to a home in Harris County Precinct 4.

Proceeding with a warrant to search that home, authorities said they found a juvenile there to be in possession of child pornography, as well as files of child sexual exploitation that had been shared with others online. Officials also said that during the investigation it was discovered that the juvenile had sexually assaulted a child.

The juvenile then was charged with aggravated sexual assault of a child and with promotion of child pornography. The suspect’s identity is not being released because he is a juvenile.

Do juvenile charges differ from adult charges?

Now you may be wondering if juvenile charges differ from adult charges when it comes to such things as violent crimes.

The answer is yes.

Under Texas law, a person who is under 17 years old but at least 10 years old can be charged in a juvenile court—not in an adult court—with a variety of different crimes, from misdemeanors to capital murder. The person is charged as a juvenile and not as an adult.

Keep in mind that a person who is younger than 10 years old is NOT considered a juvenile in Texas. Instead, that person is considered to be a child who does not have the capacity to have criminal intent.

As for juveniles, they can be arrested and taken into custody at a juvenile processing office. There, a juvenile may be held in detention—or released—until his or her court appearance.

In juvenile court, a juvenile must be accompanied by a parent, guardian or court-appointed guardian. Having a juvenile criminal defense lawyer also is highly advised.

If a criminal charge is contested, a judge or jury will decide if the juvenile committed the alleged offense. Or the juvenile can plead “true” to the allegations, which is like pleading guilty. However, the term “guilty” isn’t used in Texas juvenile courts. Instead, the court may find that the juvenile “engaged in delinquent conduct” and also “needs rehabilitation.”

Are juvenile punishments different from adults’?

Similarly, juvenile punishments are different from punishments for adults—adults being people who are 17 or older.

For one thing, unlike adults, juveniles do not face minimum or maximum sentences.

In the recent Harris County case involving the unidentified defendant, the charges include promotion of child pornography, which also is called distribution of child pornography. That is a second-degree felony in Texas with punishments for adults including at least 2 years and as many as 20 years in prison and a fine of as much as $10,000.

If the child depicted in the pornography is under 14, the charge is worse—a first-degree felony with punishments for adults of at least 5 years and as many as 99 years in state prison, as well as a fine of at least $10,000.

By contrast, a juvenile who is convicted of a first-degree felony could face commitment to the Texas Juvenile Justice Department until he or she turns 19 years old or placement on probation lasting until he or she turns 17 years old.

As for the charge of aggravated sexual assault of a child, that is applied when the alleged victim is under 14 years old but at least 6 years old. The punishment for an adult includes at least 25 years in prison.

Was your teen charged with a crime?

If a teen in your family was charged with a crime, it is vital that you quickly engage an experienced  juvenile criminal defense lawyer to protect your child’s legal rights.

When it comes to alleged sex crimes, some juveniles may qualify for defense under Texas’ so-called “Romeo and Juliet” laws, which allow some legal protections for underage teens having sex when there is a minor age difference between the 2 of them.

Other individual circumstances and factors also may provide a defense in the case of your teen.

Families in Houston, Sugar Land, Conroe, The Woodlands or elsewhere in Harris County, Fort Bend County or Montgomery County can contact the Neal Davis Law Firm today. We can help you schedule an appointment for a confidential consultation with a skilled and knowledgeable defense attorney.

Then, you can decide how you want to proceed with your child’s case.