Every year, hundreds, if not thousands, of bills are filed before the Texas legislature, and from these, many fewer are effected into law. In 2023, several noteworthy new criminal charges went on the books, which means that – in effect – new crimes were created.
If you are facing a criminal charge for one of these new crimes or any other offense, having an experienced Killeen criminal defense attorney backing you up from the outset can bolster your defense significantly and can make a serious difference in how favorably your case is resolved.
Human Trafficking near Daycare Centers and College Campuses
While human trafficking charges are generally the purview of the federal government, Texas has two new statutes in place that address this crime within the state’s borders.
HB3553 and HB3554 make it a first-degree felony – which can carry 25 to 99 years in prison, or a life sentence, along with up to $10,000 in fines – to traffic a person within 1,000 feet of or on the premises of any of the following locations:
A private, public, or independent institution of higher education
Community centers that offer youth services
Childcare facilities
Certain shelters or facilities
Fentanyl Murder
Fentanyl is an extremely powerful drug, and life-threatening overdoses are on the rise. Of particular significance in the State of Texas is a new statute – HB6 – which allows prosecutors to file murder charges against those accused of providing overdose victims with their fatal fentanyl doses.
This law is another example of Texas pushing its way into federal territory – federal fentanyl investigations are common.
Supplying fentanyl that results in death can lead to a murder charge, which is a first-degree felony that comes with a prison sentence of 25 to 99 years – or a life sentence – and fines of up to $10,000.
Texas has also enhanced the penalties for manufacturing and delivering fentanyl. Further, those who complete the death certificates of fentanyl overdose victims are now required to designate the cause of death as either fentanyl poisoning or fentanyl toxicity.
With fentanyl defined as a poison, anyone down the line in the process of manufacturing or selling fentanyl that causes a fatal overdose can face murder charges. And state prosecutors haven’t been shy about filing charges based on this newly minted law. As such, if you think you could be facing fentanyl poisoning charges, it’s essential to consult with a criminal defense lawyer.
Someone Injured or Dead After Minor Supplied with Alcohol
As a result of HB420, it’s now a state jail felony to supply a minor with alcohol who – after consuming it – goes on to cause someone else to suffer serious bodily injury or death. In other words, alcohol and minors are a dangerous mix, and those who supply them with alcohol can face serious consequences.
A conviction for a state jail felony carries 6 months to 2 years in a state jail facility and fines of up to $10,000.
Assault on Members of Hospital Staff
SB840 makes it a state jail felony to assault a hospital worker. This law arose out of a tragic shooting in 2022, and it honors the two workers at a Dallas hospital who were killed at the hand of a prison parolee who was wearing an ankle monitor and was visiting his girlfriend for the birth of their baby at the time.
Child Grooming
Child grooming became a third-degree felony in 2023 with SB1527. Child grooming is the crime of knowingly persuading, coercing, or enticing someone who is under the age of 18 into engaging in sexual activity or conduct. Attempting to persuade, coerce, or entice a minor or participating in sexual conduct also suffices.
Grooming refers to either building rapport or forging a relationship with a minor with the intention of subjecting them to human trafficking or sexual abuse.
A conviction for a third-degree felony carries 2 to 10 years in prison and fines of up to $10,000.
A criminal conviction can have a serious impact on your life, so it’s important to work closely with a skilled criminal defense attorney when facing charges of any kind.
Deep Fake Videos
AI is making its mark everywhere, and crimes are no exception. SB1361 addresses AI’s ability to commit criminal acts, specifically sex crimes. This law defines “deep fake videos” as videos that are created with the intent to deceive by appearing to depict a specific person performing a specific action that they didn’t actually do.
The charge is a Class A misdemeanor, which carries up to a year in jail and fines of up to $4,000. For the charge to stick, the accused must have produced or distributed a so-called deep fake video that artificially depicts – without consent – another person who is either engaged in an act of sexual conduct or has their intimate parts exposed.
The Bill Analysis puts it this way:
“With the rapid expansion of artificial intelligence, technology is now used to intentionally deceive and cause harm to others. Utilizing artificial intelligence and computer software to create “deep fake” pornography has become concerning to many.
“Deep fake pornography occurs when the likeness of one person is digitally altered to look like someone else and is inserted into a video in which sexual conduct is occurring or intimate parts are exposed.”
Possession or Promotion of Child Porn
HB1227 makes all crimes that are related to child pornography under Texas law, including possession or promotion of child pornography, 3G offenses. Charges that are considered 3G offenses carry the following legal consequences:
The defendant isn’t eligible for parole until at least half of their prison sentence has been served.
The court can’t order probation unless the jury recommends it after trial.
Contact a criminal defense attorney to learn more about 3G offenses and which charges are included in this classification.
Voyeurism with Electronic Device
Texas is focused on keeping up with technological advances as they relate to crimes, and HB2306 amends the state’s penal code by defining voyeurism with electronic device.
The crime is defined as having the intent to arouse or gratify one’s own sexual desire by observing another person without their permission – including observing them remotely through electronic means. For voyeurism to apply, the person being observed must be in a dwelling or structure that provides them with a reasonable expectation of privacy.
Doxxing
As we conduct more and more of our business and do more and more of our socializing online, cybercrimes are experiencing a real uptick. In 2023, doxxing became a crime in the State of Texas.
Doxxing is a hacker term that refers to “dropping dox” – or dropping documents – about someone who is identified as an adversary. Motivations can range from political aspirations to plain old revenge.
While some acts of doxxing are designed to expose terrible cases of wrongdoing, this practice also harms many innocent people. For example, when journalists are doxxed, they are vulnerable to harassment and intimidation. Another example is publishing lawmakers' private phone numbers and addresses to pressure them in one direction or another.
In Texas, HB611 made doxing a Class B misdemeanor in 2023, and it’s defined as the unlawful disclosure of a person’s private address or telephone number on a public website with any of the following intents:
Causing harm to the person at the address or number disclosed or to a member of the person’s family or household
Threatening harm to the person at the address or number disclosed or to a member of the person’s family or household
A conviction for a Class B misdemeanor carries up to six months in jail and fines of up to $2,000. If the doxing, however, causes the victim to suffer bodily injury, the charge is enhanced to a Class A misdemeanor, which carries up to a year in jail and fines of up to $4,000.
A strong defense can make the difference between a Class A misdemeanor conviction, a Class B misdemeanor conviction, or no conviction at all. Work with a criminal defense attorney to help you build a strong case.
Street Racing and Reckless Driving
HB1442 expands the reach of an organized criminal activity statute to make street racing a form of illegal reckless driving, and HB2899 allows police to immediately remove and impound vehicles that were engaged in street racing, takeovers, or any other activity that interferes with normal traffic.
Flying Drones over a Correctional or Detention Facility
Another area in which the law is attempting to keep up with technology is in relation to drones, which criminals have been using in surprisingly clever ways for several years now. HB3075 makes flying a drone near a correctional or detention facility a Class B felony when any of the following circumstances apply:
The drone flies fewer than 400 feet above the facility
The drone makes contact with the facility
The drone is lowered to the degree that it causes a disturbance at the facility
Class B misdemeanors carry up to 6 months in jail and fines of up to $2,000. However, if the drone attempts to drop contraband at the facility, the charge is enhanced to a state jail felony, which carries a sentence of up to 2 years in a state jail facility and fines of up to $10,000.
Fake Vehicle Temporary License Plates
Paper vehicle license plates are not uncommon in Texas, but falsifying paper license plates – which is relatively simple – has technically been defined as a fraudulent act for a while now. These fraudulent plates became so common that Texas earned the dubious nickname of “paper tag nation.”
HB914 was put in place to help curb the use of fake paper tags. Doing so is now identified as the crime of tampering with a government document, which is a Class A misdemeanor that carries up to a year in jail and fines of up to $4,000.
Even misdemeanor charges can have serious consequences, so it’s important to work with a criminal defense attorney for any charges you may face.
Driver Identification when Pulled over by the Police
If you are pulled over on suspicion of having committed a traffic violation, SB1551 now makes it a crime not to hand your identification over to the police when asked to do so. Failing to show your driver’s license as well as to recite your name, address, and birthdate to the police can lead to a Class C misdemeanor charge that carries fines of up to $500 but no jail time.
If you provide the officer with a fake name, the charge is enhanced to a Class B misdemeanor, which carries up to 6 months in jail and fines of up to $2,000.
The Upshot
Since these new laws are still fresh off the presses, they don’t have much legal analysis to back them up. Prosecutors may also read these newly minted laws too broadly. Since several of these changes address evolving technology, the overall impact of some may not be fully understood anytime soon.
The important takeaway here is that Texas has tough laws, takes a tough stance on crimes, and is committed to tweaking its laws in response to our ever-changing world.
If you are facing a charge that’s related to one of these fresh new laws or are facing any criminal charge whatsoever, bringing your strongest defense from the start is always the best plan. For that, you need the skilled legal guidance of a practiced criminal defense attorney in your corner.
Your attorney will ably handle all the following primary tasks on your behalf:
Guide you through the legal process and help you make the right choices for you along the way
Help you avoid common mistakes that can negatively affect your defense
Skillfully negotiate with the prosecution for an outcome that is favorable to you, which ideally means having the charge against you dropped but could involve a plea deal
Be more than ready to take your case to trial if fighting the charge is in your best interest
Discuss Your Case with an Experienced Killeen Criminal Defense Attorney Today
Brett Pritchard at the Law Office of Brett H. Pritchard is a well-respected Killeen criminal defense attorney with more than 20 years of impressive experience and a well-established commitment to fiercely advocating for his valued clients. We’re here for you, too, so please don’t wait to contact us online or call us at (254) 781-4222 to schedule a FREE consultation and learn more about what we can do to help you today.