Criminal Defense Sex Offenses
Sexual Performance by a Child
Sexual performance by a child is a serious felony under Texas law. Under Texas Penal Code § 43.25, it is illegal to direct, produce, promote, or participate in any performance that includes sexual conduct by a child under 18. It is also illegal to possess or view such material. These charges frequently arise alongside child pornography allegations and carry severe prison sentences and mandatory sex offender registration. Todd Rash provides experienced, confidential defense for clients facing these charges throughout North and Central Texas.
Texas Law Penal Code § 43.25
Employing or directing a child under 18 in a sexual performance is a second-degree felony, punishable by 2 to 20 years in prison. If the child is under 14, the offense is elevated to a first-degree felony, carrying 5 to 99 years or life. Promoting or possessing material depicting a sexual performance by a child is a third-degree felony. All convictions require mandatory sex offender registration.
Digital Evidence Challenges
Many of these cases involve digital files found on phones, computers, or cloud storage. Todd Rash retains experienced IT professionals who can examine how files were acquired, whether they were intentionally downloaded or accessed, and whether malware, shared devices, or cached content may explain their presence. The prosecution must prove knowing possession or participation, not mere presence of a file on a device.
Related Charges
Sexual performance by a child charges are frequently filed alongside child pornography or online solicitation charges. Todd Rash has extensive experience defending clients against multiple simultaneous sex offense charges and understands how to build a coordinated defense strategy across all counts.
Potential Penalties
- › Directing/employing child under 18: 2nd-degree felony (2 to 20 years
- › Directing/employing child under 14: 1st-degree felony (5 to 99 years or life
- › Promoting or possessing such material: 3rd-degree felony (2 to 10 years
- › Mandatory sex offender registration
- › Substantial fines
Possible Defenses
- › Lack of knowledge or intent
- › Files were not intentionally downloaded or accessed
- › Malware, shared device, or cached content
- › Mistaken age of the individual depicted
- › Unconstitutional search or seizure of electronic devices
- › Chain of custody issues with digital evidence
Frequently Asked Questions
Facing Sexual Performance by a Child charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
Free Consultation(817) 808-2247Understanding the Cost of a Sex Offense Defense
Sex offense cases are among the most complex and resource-intensive in criminal law. Attorney fees are typically on par with murder and other serious felony charges a reflection of the time, preparation, and expertise required.
An effective defense often requires retaining outside experts: polygraph examiners, licensed psychologists for psychosexual evaluation, private investigators, and information technology professionals. These expert fees are separate from attorney fees and are the responsibility of the client.
Todd Rash will be straightforward with you about anticipated costs from your very first consultation.