Cofer Luster Criminal Defense Lawyers | April 17, 2025 | Sex Crimes
Texas treats sex crimes seriously. If you’re facing charges for a sexual offense, you’re likely concerned about the potential penalties, including whether probation is an option. The answer depends on the specific offense, the circumstances, and whether the judge or jury is involved in sentencing.
In this blog post, we’ll break down how probation works in Texas sex crime cases and when it might apply.
Understanding Probation in Texas Criminal Cases
Probation, also called “community supervision,” allows a person to serve part or all of their sentence outside of jail or prison. A person on probation must comply with strict rules and conditions set by the court.
These conditions often include things like:
- Regular check-ins with a probation officer
- Attending counseling or sex offender treatment programs
- Avoiding contact with victims
- Registering as a sex offender, if required
- Staying within the jurisdiction
- Avoiding further arrests or criminal behavior
Probation can be granted in one of two ways: straight probation (instead of a jail or prison sentence) or deferred adjudication (where a conviction isn’t formally entered if you successfully complete the terms).
However, not every crime qualifies for probation, especially when it comes to sexual offenses.
When Is Probation Not an Option?
Texas law prohibits straight probation for certain types of sex crimes under specific circumstances. These limitations are outlined in the Texas Code of Criminal Procedure, Article 42A.054, also known as the “3g offenses” list.
If you’re convicted of one of these crimes and sentenced by a judge, probation may not be an option:
- Aggravated sexual assault
- Compelling prostitution
- Indecency with a child
- Sexual performance by a child
These are considered some of the most serious offenses in Texas. If convicted, the court cannot grant probation, even if it’s your first offense.
However, there’s an important exception: a jury can sometimes recommend probation in cases where a judge cannot. But even this has limits. For example, a jury cannot recommend probation if the sentence is longer than 10 years.
When Is Probation Still Possible?
Some less severe sex crimes may still allow for probation. These can include crimes like indecent exposure and public lewdness. In these cases, whether you receive probation depends on your criminal history, the facts of the case, the age of the victim, and the judge’s or jury’s discretion.
In addition to standard probation requirements, sex crime probation often comes with added restrictions. For example, you might not be allowed near schools or playgrounds, or you may be required to wear an ankle monitor. Many individuals must also register as sex offenders, which comes with long-term social and legal consequences.
Deferred Adjudication as an Alternative
If you are eligible, deferred adjudication might offer another path forward. This is a special type of probation where the court postpones entering a conviction while you complete the terms of your supervision. If you meet all the requirements, your case will be dismissed at the end.
However, not all sex offenses qualify, and deferred adjudication may still count as a conviction for purposes like sex offender registration and future sentencing. It’s not a “clean slate,” but it may keep a formal conviction off your record.
Contact a Texas Sex Crimes Lawyer for Legal Help
In Texas, probation for a sex crime is possible in some cases, but not all. Serious offenses like aggravated sexual assault or child-related crimes often carry mandatory prison sentences with no opportunity for probation—unless a jury recommends it.
Other types of sex crimes may still allow for probation or deferred adjudication, depending on the details of your case. No matter what, you should contact a criminal defense attorney who understands the law and can fight for your rights. Set up a consultation today.
Contact The Fort Worth Criminal Defense Law firm of Cofer Luster Criminal Defense Lawyers for Legal Help Today
For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102