Our firm recently handled a relatively complex case in which our client
was facing three different cases of child pornography as well as a charge
of sexual performance by a child. Originally, our client could have been
facing extensive time in prison and harsh fines. However, we were able
to have all three child pornography charges dismissed and the remaining
sexual performance charged reduced to attempted sexual performance. Our
client was sentenced to just two years deferred adjudication probation.
Texas Penal Code § 46.21, sexual performance by a child is any offense where by a person knowingly
hires or consents to a child younger than 18 years of age engaging in
sexual conduct or sexual performance. This crime is a second degree felony
unless the child is under 14 years of age, in which case the crime would
be considered a 1st degree penalty. The term "performance" refers to a performance
or part in a visual representation or performance shown before an audience
where the child under 18 years of age was authorized to perform sexual
conduct as a part of the exhibit. Such an offense, if convicted, can mean
serious penalties for the adult who employed or consented to the child's
participation in such acts and can include a maximum jail sentence of 20 years.
Fortunately, our firm was able to show that the prosecution's case
against our client on the charges stated above was not strong enough to
warrant such a serious conviction. In the end, evidence of the possession
of child pornography was insufficient as was the actual employment of
a child to perform sexual acts. We were able to reach a plea deal which
gave our client a sentence of probation in a time period of two years
deferred adjudication. This means that the client pled guilty to the charges
of attempted sexual performance by a child and was ordered by the court
to meet a requirement of two years probation. Deferred adjudication allows
for the possible avoidance of a formal conviction on our client's
criminal record or all together dismissal if they complete their sentence fully.
This case result is yet another testimony of our firm's dedication
to defending the rights and interests of those being charged with crimes
in Texas. If you are facing criminal charges of any kind, please do not
contact a Dallas criminal defense attorney at D'Amore Law Firm to discuss your case.