Facing Bond Conditions for an Online Sex Crime Charge in Texas?

Bond conditions are the rules a judge attaches to release while a criminal case is pending. In an online sex crime charge, those rules often limit internet use, devices and contact with other people. This page explains the common limits, what a violation can trigger, and how a defense lawyer reviews bond conditions in a Texas case. It is general information, not advice on any one order.

What Bond Conditions Are and How They Differ From Bail

Bond conditions are the terms that come with your release. They stay in place until the court changes them or the case ends.

Bail is the amount set so a person can be released while the case moves forward. A bond is the written promise to appear in court. Conditions are the extra rules the judge writes into that same paperwork.

The court sets conditions, not your defense lawyer. A lawyer can review them and ask the court to change them, but the judge decides.

This section is for the accused and for family members who are trying to understand a release order they did not see coming. Read the whole order before you leave jail.

If you have the bond paperwork, send us your case details. We will review each condition with you, line by line.

Internet, Device and Contact Limits Courts Commonly Impose

Online sex crime bond orders often limit internet use, devices and contact with others.

• Internet and app limits: a ban on internet access, certain apps, social media, dating apps or messaging services. Some orders bar all use. Others bar only specific activity.
• Device limits: a rule against having certain phones, computers or storage devices. Some orders also allow monitoring or searches.
• Contact limits: no contact with a named complainant or alleged victim, or with minors. Some orders also reach contact through a third person.
• Location limits: staying away from a home, workplace, school or child care facility that the order names.

Texas treats some of these limits as crimes. Texas Penal Code § 25.07 covers bond conditions in family violence, sexual assault or abuse, indecent assault, stalking and trafficking cases. Whether it applies to a given charge turns on the case type.

The same section lists conduct that can violate an order. That includes communicating with a protected person in any manner when the order bars all contact, except through the defendant’s attorney or a court-appointed person. It also includes possessing a firearm and tampering with a GPS monitoring system.

How Conditions Are Set at the Bail Hearing in Texas

A defense lawyer can share information about your ties to the community, such as work, family and where you live.

A request to change a condition goes to the court. The judge decides whether to change it.

The most common mistake is assuming a term has lapsed. A friendly message from the complainant, or an invitation from a family member, does not cancel the order. Texas Penal Code § 25.07 states that reconciliatory actions or agreements made by the affected people do not affect the order’s validity.

The Texas Attorney General victims’ rights page describes them.

What Counts as a Violation and What Can Follow

In some cases, the violation is a crime of its own.

Under Texas Penal Code § 25.07, a violation can be a state jail felony. Under Penal Code § 25.07(g)(1), the offense becomes a state jail felony when the defendant violates a protective order issued under Code of Criminal Procedure Chapter 7B, Subchapter A, and that protective order was issued after the defendant’s conviction of, or placement on deferred adjudication community supervision for, an offense against the same victim. Under § 25.07, violating a protective order or bond condition is ordinarily a Class A misdemeanor. It becomes a third-degree felony if the defendant has two or more prior convictions under § 25.07, two or more under § 25.072, or one under each, or if the violation consisted of committing an assault or stalking.

Some conduct also breaks other statutes. Under Texas Penal Code § 33.021, a minor includes a person younger than 17, or one the actor believes is younger than 17. Under Texas Penal Code § 33.021(b), a person who is 17 years of age or older commits a third-degree felony when, with intent to commit an offense listed in CCP art. 62.001(5)(A), (B) or (K), the person communicates with a minor online in a sexually explicit manner. It is a second-degree felony when the minor is younger than 14, or when the actor believes the minor is younger than 14.

Reports of suspected online exploitation can come from the NCMEC CyberTipline, which refers tips to law enforcement for possible investigation.

Prior convictions raise the stakes. Under Texas Penal Code § 12.46, using a conviction for enhancement does not stop it from being used again later. Texas Penal Code § 12.42 sets out enhanced punishment for repeat sex offenses: under § 12.42(c)(2), a defendant convicted of a listed sexual offense who has a previous conviction for a listed sex offense must be sentenced to life in prison, and under § 12.42(g) a prior deferred adjudication for a listed sex offense counts as a previous conviction for this purpose.

Is Jail Time Mandatory for a Felony in Texas, and What Does Bail Cost?

The answer turns on the specific offense, the punishment range the Penal Code sets for it, and any enhancement. Texas sets those ranges by felony degree:

• First-degree felony: life, or not less than 5 nor more than 99 years, plus a fine up to $10,000. See § 12.32.
• Second-degree felony: imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. In addition to imprisonment, a fine not to exceed $10,000 may be imposed. Texas Penal Code § 12.33 See § 12.33.
• Third-degree felony: imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. In addition to imprisonment, a fine not to exceed $10,000 may be imposed. Texas Penal Code § 12.34 See § 12.34.
• State jail felony: confinement in a state jail for any term of not more than two years or less than 180 days. In addition to confinement, a fine not to exceed $10,000 may be imposed. Under subsection (c), a state jail felony is punished as a third-degree felony in the circumstances listed there, including when a deadly weapon as defined by Section 1.07 was used or exhibited during the offense or immediate flight. Texas Penal Code § 12.35 See § 12.35.

Enhancements can raise the range, so the exact charge matters. Ask for the range that applies to each count.

Bail cost is a separate question. A bail bond company charges its own fee for posting the bond, and its written agreement sets the amount. Ask for the full cost in writing, including any non-refundable amount and any collateral.

How a Defense Lawyer Works on Bond Conditions: Steps and Timeline

A defense lawyer starts by turning each bond term into plain daily rules.

1. Review the order. Go through every condition, including the internet, device and contact terms.
2. Explain each restriction. Cover what it means for accounts, devices, phone use, contact through others and location.
3. Review the charges and evidence. Explain whether asking to change a condition is available and wise.
4. Prepare for the hearing. Gather information the court may consider, such as work, family and residence records.
5. Plan compliance. Share every message and contact with your lawyer, so any issue can be addressed early.

Hearing dates follow the court’s calendar, so timing varies from case to case.

Why Clients Work With Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, serving Collin County, Dallas-Fort Worth and Texas. The firm defends professionals accused of sex crimes and assaultive offenses, including online sex crimes, aggravated sexual assault, aggravated assault and family violence.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

Our team of support staff and assistants helps clients with paperwork, scheduling and records.

No lawyer can ensure an outcome in a bond or criminal case. What a lawyer can do is review the order, explain your options and represent you at hearings.

Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.

Frequently Asked Questions

Here are short answers to common questions about bond conditions in an online sex crime case.

Talk With a Lawyer About Your Bond Conditions

If a bond order with internet, device or contact limits has you worried about this week, call (972) 424-1902 to talk through it. You can also request a free initial consultation, which carries no obligation to continue.