Given the arrest of Jackson Mahomes, brother of Kansas City Chiefs quarterback Patrick Mahomes, on 3 counts of aggravated sexual battery and 1 count of battery, what the sexual battery laws in Texas are.
But first, consider Mahomes’s case.
The Associated Press reports that Mahomes, 22, a social media influencer, was arrested by Johnson County (Kansas) Sheriff’s Office authorities on Wednesday, May 3, and placed in the Johnson County Detention Center. He was released later that day after posting a $100,000 bond.
Further reading: The Criminal Defense Guide to Bail & Bonds
During a virtual court appearance, the judge in the case scheduled Mahomes’s next online hearing for May 11.
Mahomes’s arrest came after an alleged incident at Aspens Restaurant and Bar Lounge in the Kansas City suburb of Overland Park, Kansas.
As reported in The Kansas City Star, police investigated the February 25 incident, for which the restaurant’s owner claimed Mahomes grabbed her by the throat and neck, leaving a bruise, and forcibly kissed her at least 2 times. She also claimed Mahomes repeatedly pushed a 19-year-old waiter.
According to CBS News, Mahomes’s criminal defense attorney refuted the allegations in a statement made in March.
Sports Illustrated has reported that Mahomes is well known for his social media presence, and he has about 1.3 million followers on Instagram and TikTok. His social media content has sparked some backlash, such as when he danced on the number of late Washington Commanders great Sean Taylor during the player’s number retirement day or when he poured water on Baltimore Ravens fans.
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What does sexual battery mean in Texas?
As for what constitutes sexual battery in Texas, first, be advised that battery is a legal term used in many states for when a person intentionally touches another person without their consent and in a way that is offensive or harmful.
Sexual battery is a certain type of battery. It means the offensive or harmful touching is of a sexual nature or is for the sexual gratification of the perpetrator.
That said, Texas law does not use the term battery—but rather the term assault.
Thus, when sex is involved, having sex with a person without that person’s consent is not considered sexual battery in Texas—but rather sexual assault. (Texas law also does not use the term rape.)
On the other hand, if an incident occurred in Texas similar to the incident in Kansas, under Texas law, the less serious nonconsensual sexual contact of forcible kissing would be viewed as an indecent assault, while pushing a waiter with no sexual element would still be an assault.
Texas law holds that the punishments for indecent assault—a Class A misdemeanor—include spending as much as 1 year in jail and paying a fine of up to $4,000.
Crime classifications in Texas
Find out how crimes are classified in Houston and throughout Texas, as well as different examples and punishments for each type.
The sex crime of indecent assault is worse when it involves a child. In Texas, indecency with a child (under 17 years old) involving sexual contact is a second-degree felony, as is sexual assault of a minor. Such crimes can bring punishments of 2 to 20 years in a state prison and a fine of up to $10,000.
Also, under Texas law, there is no statute of limitations prohibiting a charge of indecency with a child after any period of time, just as there is no statute of limitations in Texas pertaining to the sexual assault of a minor. (For sexual assault of an adult, the statute of limitations allows legal action to be taken only for up to 10 years after the date of the alleged incident.)
This means you could be charged at any point in time for indecency with a child—no matter how many years have passed since the alleged incident.
Keep in mind that indecency with a child can have more than 1 form. Basically, it can involve either indecency with a child by contact or indecency with a child by exposure. Either way, indecency with a child is a serious charge in Texas, and it can bring serious, if not extreme, punishments.
How Serious Are Sexual Assault Charges & Penalties?
Learn about possible penalties and defenses for those accused of sexual assault in Texas.
Get an experienced Texas sex crime lawyer
As you can see, if you or a family member faces a claim, accusation, allegation or charge of a sex crime, such as sexual assault, indecent assault or indecency with a child, you must get an experienced Texas sex crime lawyer to fight for your legal rights.
Sex crimes are serious crimes, especially under Texas law, which can provide harsh punishments for offenders, even first-time offenders, as opposed to repeat offenders.
An award-winning Houston law firm, the Neal Davis Law Firm, has years of experience defending the legal rights of persons accused of these and other sex crimes.
Sex crime accusations can be the result of mistaken identity, or they may be false claims made in order to exact revenge or gain leverage in a divorce battle or child custody dispute.
Whatever the case, you must get the best criminal defense attorney you can find.
If you live in Houston, The Woodlands, Conroe, Katy, Sugar Land or elsewhere in Harris County, Montgomery County or Fort Bend County, notify the Neal Davis Law Firm immediately about your case. You may need a private consultation in order to determine how to proceed in the legal arena.
Often such a case can be resolved without the need for a trial. But even if it does proceed to trial, Davis has managed to obtain acquittals as well as mistrials, followed by dismissals, and he has won reversals for some cases on appeal.
Contact us today at the Neal Davis Law Firm. Your reputation, your future and your freedom may depend on it.
