Aggressive Defense for Child Sex Crime Charges in Plano, TX

Child Sex Crimes Defense Lawyer in Plano, Texas

If you’ve been accused of a child sex crime in Plano or Collin County, you need immediate legal representation to protect your constitutional rights and understand the charges against you. Child sex crime cases carry severe penalties, mandatory sex offender registration, and collateral consequences that affect employment, housing, and custody—making the quality of your defense critical from the moment of accusation.

Barbieri Law Firm is an all-women criminal defense firm led by Heather Barbieri, who is Board Certified in Criminal Law by the Texas Board of Legal Specialization. We defend professionals and individuals accused of child sex crimes across Collin County and the Dallas-Fort Worth area, including Plano, McKinney, Allen, and surrounding communities.

Child Sex Crimes Charges in Plano and Collin County

Child sex crime cases in Plano typically begin with a report to the Plano Police Department or a referral from school officials, medical professionals, or online platforms. Collin County District Attorney prosecutors then investigate and file charges under specific Texas Penal Code statutes, each carrying distinct penalties and long-term consequences.

The most common charges include:

Indecency with a Child (Texas Penal Code § 21.11): This offense involves either sexual contact with a child or exposing genitals with intent to arouse or gratify. A conviction is a second-degree felony (2 to 20 years imprisonment, fine up to $10,000) when sexual contact occurs, or a third-degree felony (2 to 10 years, fine up to $10,000) when limited to exposure. There is no statute of limitations for indecency with a child.

Online Solicitation of a Minor (Texas Penal Code § 33.021): This charge applies when someone communicates sexually explicit content to a minor or solicits a meeting with intent to engage in sexual conduct. Penalties range from a third-degree felony (2 to 10 years, fine up to $10,000) for basic sexually explicit communication, to a second-degree felony (2 to 20 years, fine up to $10,000) when the minor is believed to be under 14 or when soliciting a meeting, to a first-degree felony (5 to 99 years or life, fine up to $10,000) when the offense occurs during school hours against a minor known to be enrolled in school.

Child Pornography Possession (Texas Penal Code § 43.26): Possessing child sexual abuse material (CSAM) is prosecuted based on the number of images. Fewer than 10 images is a third-degree felony (2 to 10 years, fine up to $10,000); 10 to 49 images is a second-degree felony (2 to 20 years, fine up to $10,000); and 50 or more images is a first-degree felony (5 to 99 years or life, fine up to $10,000). The prosecution must file charges within seven years.

Continuous Sexual Abuse of a Young Child (Texas Penal Code § 21.02): This charge applies when sexual abuse occurs on two or more occasions over a period of at least 30 days. It is a first-degree felony (25 to 99 years or life, fine up to $10,000) with no statute of limitations and requires lifetime sex offender registration.

Aggravated Sexual Assault of a Child (Texas Penal Code § 22.021): When a child under 14 is the victim, or when the victim is under 10, or when serious bodily injury, threats of death, or a deadly weapon are involved, the offense becomes aggravated sexual assault.

Understanding which specific charge applies to your situation is essential because each statute has different elements, defenses, and consequences.

Why Defense Representation Matters in Child Sex Crime Cases

The stakes in child sex crime cases extend far beyond the criminal sentence. A conviction triggers mandatory sex offender registration, employment barriers, housing restrictions, loss of professional licenses, and potential loss of custody or parental rights. These collateral consequences can last a lifetime.

Many people facing accusations make critical mistakes in the first hours after arrest—speaking to police without counsel, consenting to searches, or deleting communications. A defense attorney protects your constitutional rights from the moment of accusation by ensuring law enforcement follows proper procedures, that evidence is legally obtained, and that the prosecution’s case is rigorously examined.

Defense counsel also ensures the prosecution meets its burden of proving guilt beyond a reasonable doubt. This means challenging the sufficiency of evidence, examining the reliability of witness statements, scrutinizing digital evidence and device forensics, and exploring affirmative defenses specific to your charge.

Why Do Lawyers Defend Sex Offenders?

This is a question many people ask, and the answer is grounded in constitutional principle. The Sixth Amendment protects the right to counsel for all criminal accusations, regardless of the charge. Defense attorneys don’t judge clients or presume guilt—our role is to ensure the legal system works as designed: that the prosecution proves its case beyond a reasonable doubt, that evidence is legally obtained, and that due process is followed.

Wrongful convictions in sex crime cases do occur. The National Registry of Exonerations documents cases involving false accusations, mistaken identification, and inadequate investigation. A rigorous defense protects innocent people and ensures that guilty people receive fair trials with all evidence properly examined.

Defense counsel also protects society by holding law enforcement and prosecutors accountable to constitutional standards. Without defense attorneys challenging evidence and procedures, innocent people could be convicted and guilty people could escape justice due to procedural violations.

Understanding Texas Age of Consent and the Romeo and Juliet Law

Texas law defines age-of-consent rules and provides limited affirmative defenses in certain circumstances.

Texas Penal Code § 22.011 defines sexual assault based on age: a person commits sexual assault if they intentionally or knowingly cause penetration or sexual contact with another without consent, or if the victim is a child younger than 17 and the actor is at least three years older. However, Texas Penal Code § 21.04 provides an affirmative defense—commonly called the “Romeo and Juliet law”—for certain age-gap relationships.

Can a 17-year-old consent to a 23-year-old in Texas? Not under the Romeo and Juliet defense. That affirmative defense applies only when the actor is no more than three years older than the victim and the victim is at least 14 years old. A 23-year-old and a 17-year-old have a six-year age gap, which exceeds the three-year threshold. A conviction could still result, though the defense might argue for reduced charges or sentencing considerations.

The Romeo and Juliet defense is narrow and applies only to sexual assault charges, not to indecency with a child, online solicitation, or child pornography charges. Understanding these distinctions is critical to your defense strategy.

Registration, Probation, and Long-Term Consequences

Conviction for child sex crimes in Texas triggers mandatory sex offender registration under Texas Code of Criminal Procedure Article 62.001. Depending on the offense, registration may be required for 10 years, 25 years, or for life. Offenders must register with local law enforcement, update their registration annually or more frequently, and notify authorities of address changes, employment changes, and other specified information.

Sex offender registration creates collateral consequences beyond the criminal sentence: employment discrimination, housing restrictions, social stigma, and limitations on where you can live or work. Many employers conduct background checks and will not hire registered sex offenders. Landlords often refuse to rent to registered offenders. Some professions are permanently closed.

Probation terms in child sex crime cases typically include conditions such as no contact with minors, participation in sex offender treatment programs, regular polygraph testing, and electronic monitoring. Violating probation can result in additional criminal charges and incarceration.

These long-term consequences make fighting the charge, negotiating for reduced charges, or exploring alternative resolutions critically important to your future.

What to Do If You’ve Been Accused

Do not speak to law enforcement, investigators, or anyone else about the accusation without an attorney present. Anything you say can be used against you, and even truthful statements can be misinterpreted or used selectively by prosecutors. Politely decline to answer questions and request counsel.

Preserve all evidence. Do not delete text messages, emails, social media communications, or any digital content. Do not destroy devices, hard drives, or storage media. Do not alter or delete photos or videos. Destruction of evidence is a separate crime and severely damages your defense.

Document your own account of events while your memory is fresh. Write down dates, times, locations, and what you remember about the accusation. Gather character references from people who know you well.

Contact a defense attorney immediately. The first hours and days after an accusation are critical. Early investigation, evidence preservation, and strategic decisions can significantly affect your case outcome.

Common Defense Strategies for Child Sex Crime Cases

Defense strategies vary based on the specific charge, the evidence against you, and the facts of your situation. Common approaches include:

Challenging the sufficiency of evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If evidence is weak, circumstantial, or uncorroborated, a defense attorney can file motions to suppress evidence or dismiss charges.

Examining digital evidence and device forensics: Child pornography and online solicitation cases often depend on digital evidence. Defense counsel can challenge the reliability of forensic analysis, the chain of custody, and whether evidence was legally obtained.

Exploring affirmative defenses: Depending on the charge, defenses such as the Romeo and Juliet law, mistaken identity, or lack of knowledge may apply.

Negotiating with the prosecution: In some cases, negotiating for reduced charges, alternative resolutions, or deferred adjudication may be in your best interest.

Preparing for trial: If necessary, a defense attorney prepares for trial by examining witnesses, presenting expert testimony, and challenging the prosecution’s case in front of a jury.

Why Choose a Plano-Based Defense Attorney

A defense attorney with local knowledge of Collin County courts, judges, and prosecutors has significant advantages. We understand the specific procedures followed by the Plano Police Department and Collin County District Attorney, the tendencies of local judges, and the community standards that may affect your case. We have established relationships with court personnel and law enforcement, which can facilitate communication and negotiation. We are accessible for in-person meetings and can respond quickly to developments in your case.

Frequently Asked Questions

Contact Barbieri Law Firm for Your Free Consultation

You’re facing one of the most serious accusations possible, with consequences that will affect your freedom, your family, and your future. You don’t have to navigate this alone. Barbieri Law Firm is led by Heather Barbieri, Board Certified in Criminal Law by the Texas Board of Legal Specialization, and we defend professionals and individuals accused of child sex crimes across Collin County and the Dallas-Fort Worth area.

Your first consultation is free and confidential. We listen to your account, explain your legal options, and outline a path forward. Contact us today to schedule your consultation or call (972) 424-1902.