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Varghese Summersett

Texas passed an age verification law that requires proof that a visitor is an adult to access pornographic websites.

Age Verification Law in Texas

House Bill 1181 was signed into law on June 12, 2023, and was slated to into effect on September 1, 2023. The law requires adult websites to use “reasonable age verification methods” to make sure a person accessing their website is at least 18 years old.

The verification system could be based on government-issued identification or a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported adult websites such as PornHub and Xnxx. The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. The federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

The Age Verification Law in Texas is Currently Enforceable 

Then on November 14, 2023 the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. The penalties for distributing adult content without complying with this law is a fine of up to $10,000 daily for failing to verify the age of users and fine of up to $250,000 per day if at least one child is exposed to pornographic material.

In some states, some sites stopped serving content to users rather than forcing visitors to verify their identity and provide proof of their age. For example, Pornhub has blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the feel-good legislation? Engadget is reporting searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.

Varghese Summersett

Texas passed an age verification law that requires proof that a visitor is an adult to access pornographic websites.

Age Verification Law in Texas

House Bill 1181 was signed into law on June 12, 2023, and was slated to into effect on September 1, 2023. The law requires adult websites to use “reasonable age verification methods” to make sure a person accessing their website is at least 18 years old.

The verification system could be based on government-issued identification or a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported adult websites such as PornHub and Xnxx. The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. The federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

The Age Verification Law in Texas is Currently Enforceable 

Then on November 14, 2023 the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. The penalties for distributing adult content without complying with this law is a fine of up to $10,000 daily for failing to verify the age of users and fine of up to $250,000 per day if at least one child is exposed to pornographic material.

In some states, some sites stopped serving content to users rather than forcing visitors to verify their identity and provide proof of their age. For example, Pornhub has blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the feel-good legislation? Engadget is reporting searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.

Varghese Summersett

Understanding retrograde extrapolation is essential for grasping how DUI or DWI cases hinge on past BAC estimates. “Retrograde extrapolation” is routinely used to infer a driver’s BAC at the time of driving based on a blood or breath specimen obtained some time after the driving ceased. Through this article, we discuss retrograde extrapolation’s role, the principles it relies upon, and the controversies it ignites, all pivotal for anyone navigating intoxication charges.

Jump to Retrograde Extrapolation Calculator

Key Takeaways

  • Retrograde extrapolation is a method used to estimate a suspect’s BAC at the time of driving by considering factors like the elimination rate of alcohol, absorbing time, and metabolic rate, but its accuracy is reliant on various individual and consumption factors.
  • While often used in DUI or DWI cases with expert testimony as vital evidence, retrograde extrapolation faces legal challenges due to questions about its reliability, precision, and the assumptions taken into account for its calculation.
  • The effectiveness of retrograde extrapolation in court can be compromised by inherent limitations, including the variability of individual alcohol metabolism and potential errors in the assumptions, and defense strategies often involve contesting its methodology and presenting alternative evidence.

The Science Behind Retrograde Extrapolation

Retrograde extrapolation is a process that estimates a DUI or DWI suspect’s blood alcohol concentration (BAC) at a particular point in the past based on current BAC levels and other relevant factors. This method involves a specific formula that multiplies the elimination rate of alcohol by the number of hours since the person stopped drinking and absorbing alcohol, and then applies this calculation to the BAC results from a chemical test.

The aim of retrograde extrapolation in DUI or DWI cases is to determine the suspect’s BAC at the time of driving, rather than when the blood sample was taken. A variety of factors contribute significantly to this calculation, including the timing and quantity of the last drink, the period of alcohol consumption, and the person’s alcohol metabolic rate.

The Retrograde Extrapolation Formula

Initially, the retrograde extrapolation formula utilizes the BAC test results, followed by the incorporation of the alcohol absorption rate into the bloodstream, and finally, the BAC decline rate over time. Generally, the standard rate of BAC decrease is between 0.015 to 0.02 percent per hour. This rate is significant in establishing whether a person was over the legal limit at the time they were driving. By considering both absorption and elimination rates, the accuracy of the retrograde extrapolation formula can be improved.

Nevertheless, one must comprehend that this formula doesn’t apply universally. In practice, several variables can impact its accuracy, such as the person’s metabolic rate, the kind and quantity of alcohol consumed, the time lapse since the last drink, and the person’s mental state.

Assumptions and Variables

The accuracy of retrograde extrapolation largely depends on the assumptions and variables used. These include normal elimination rates and individual differences in alcohol metabolism, which can affect the defendant’s BAC estimation.

Moreover, other factors such as:

  • the individual’s drinking history prior to the incident
  • the quantity and type of beverages consumed
  • the timing and composition of the last meal before the incident
  • the individual’s age, height, weight, and gender

can all affect the precision of retrograde extrapolation calculations. Hence, it is evident that a thorough and precise calculation of retrograde extrapolation necessitates comprehensive and accurate data.

retrograde extrapolation explained

Retrograde Extrapolation in DUI or DWI Case Evidence

Retrograde extrapolation is frequently employed as evidence in DUI or DWI cases, bolstered by expert testimony to substantiate the calculations. The influence of this expert testimony is frequently observed in the verdicts of DUI or DWI trials, with the expert’s opinion on retrograde extrapolation significantly impacting the outcome of the case.

In the laboratory, retrograde extrapolation calculations are conducted with the purpose of medicolegal alcohol determination, aiming to estimate the suspect’s BAC at a specific prior time. But, as we’ll explore in the next subsections, the introduction of this evidence in court is not always straightforward.

Expert Testimony in DUI or DWI Cases

In DUI-related cases, experts such as police chemists or forensic alcohol analysts hold significant importance. They offer testimony to support the calculations of retrograde extrapolation, providing expert opinions on the driver’s BAC at the time of the arrest, and analyzing blood and bodily fluid samples.

These expert witnesses are required to have specialized knowledge, skill, experience, training, or education that qualifies them as experts in the area of forensic alcohol analysis and retrograde extrapolation. They provide testimony on the particular elements of retrograde extrapolation, which involves estimating an individual’s BAC at a specific prior time through the use of various factors and scientific computations.

Admissibility and Challenges

The admissibility and potential challenges to retrograde extrapolation revolve around establishing its reliability and precision within the court. The reliability of retrograde extrapolation is addressed in court procedures by the consistent acceptance of the science behind it in North Carolina courts. Properly qualified witnesses are allowed to give testimony on retrograde extrapolation.

However, the dependability of retrograde extrapolation is contested in court due to deficiencies that make it inherently unreliable and unsuitable for use as evidence. Common challenges include disputing the accuracy of the extrapolation and questioning the sufficiency of relevant factors in forming an extrapolation opinion.

Inherent Limitations and Controversies

The controversy surrounding retrograde extrapolation in DUI or DWI cases arises due to its reliance on assumptions regarding the rate of alcohol elimination and the timing of alcohol consumption, which are often subject to challenge in a court of law. The inherent constraints of retrograde extrapolation involve the dependence on assumptions and the assumption of a typical alcohol elimination rate. Inaccuracies can also result from factors influencing alcohol absorption and elimination, which vary among individuals.

The reliability of retrograde extrapolation is influenced by the reasonableness and justifiability of the assumptions made. Additionally, factors such as body temperature can impact the absorption and elimination of alcohol, which are crucial for obtaining reliable results. As a result, it’s generally considered to be highly inaccurate due to the variability in absorption rates and the lack of verifiable information.

Reliability Concerns

The reliability of retrograde extrapolation can be affected by specific assumptions, such as the assumption that the DUI or DWI arrestee’s blood-alcohol level was declining, and that the rate of alcohol elimination is consistent and known. The variability in the rate of alcohol absorption, distribution, and elimination among individuals can significantly impact the reliability of retrograde extrapolation calculations.

Due to the substantial differences in alcohol metabolism rates among individuals and across the population, the variability within individuals can pose difficulties in effectively utilizing retrograde extrapolation, especially over extended periods, consequently reducing its reliability. As the time since alcohol consumption increases, retrograde extrapolation becomes less reliable due to its increasing reliance on average rates and estimates, making it impossible to determine exact blood alcohol concentrations at earlier points in time.

Potential Errors and Inaccuracies

Potential errors and inaccuracies in retrograde extrapolation can arise from incorrect assumptions or insufficient information. Common assumptions in retrograde extrapolation that frequently result in inaccuracies include the assumption that the suspect did not consume food immediately before or while drinking alcohol and the assumption of a constant rate of alcohol elimination.

Potential errors during BAC testing in retrograde extrapolation may include:

  • Conducting the extrapolation too soon after the last drink
  • Misinterpretation of variations in breath alcohol concentration (BrAC) and suspect’s BAC.
  • Relying on flawed assumptions that the blood-alcohol level was declining and the rate of elimination is known

If an individual’s BAC is still increasing from recent alcohol consumption at the time of the BAC test, the estimated defendant’s BAC may be inaccurately inflated further as a result of the timing when BAC begins to rise.

Defense Strategies Against Retrograde Extrapolation

Numerous defense strategies exist to counter retrograde extrapolation. Contesting this methodology is vital to avoid letting unreliable or inaccurate scientific methods unduly sway the case’s verdict. By scrutinizing these fundamental elements, defense attorneys can weaken the prosecution’s reliance on retrograde BAC calculations in their case.

Defense attorneys utilize alternative evidence by questioning the assumptions behind retrograde extrapolation, such as challenging the accuracy of the average rate of alcohol elimination used. Additionally, they may introduce evidence that directly contradicts the calculation, such as witness testimony or expert analysis. In the following subsections, we’ll delve into how the methodology can be challenged and how alternative evidence can be presented.

Challenging the Methodology

Challenges can be made against common assumptions in the retrograde extrapolation process, such as the supposition of total alcohol absorption at the testing time and the expected normal rate of alcohol elimination. Inconsistencies and issues are inherent in the fundamental premises and calculations of retrograde extrapolation. It becomes increasingly difficult and less dependable over extended time periods and is based on assumptions regarding the elimination rate of alcohol and the precision of testing methods, which may lead to inaccuracies.

The credentials of an expert witness in retrograde extrapolation can be challenged in a DUI or DWI case by inquiring about their formal training in performing retrograde extrapolation calculations and their comprehension of the significance of accurate data. Furthermore, the expert’s testimony should be supported by substantial facts and case-specific data.

Presenting Alternative Evidence

Expert testimonies that contradict retrograde extrapolation are invaluable in spotlighting the method’s drawbacks and unreliability. Experts can provide evidence such as unknown variables in the breath test, insufficient data on the elimination rate, and the presumption of a declining blood-alcohol level to contest the validity of retrograde extrapolation in cases involving driving under the influence.

We contest retrograde extrapolation evidence by:

  • Directly undermining the prosecution’s forensic evidence
  • Providing alternative explanations for the forensics in support of their client
  • Identifying experts capable of using mathematical equations and retrograde extrapolation to offer a different estimation of the defendant’s bodily alcohol content at the time of driving.

Real-World Examples and Case Studies

We have been able to successfully defend DWI cases by challenging the State’s assumptions in the retrograde extrapolation. Few attorneys have as much DWI experience as the Varghese Summersett team has.

Controversial Cases

Contentious situations arise when the precision and dependability of retrograde extrapolation are brought into doubt. Critics in legal circles have raised concerns about the use of retrograde extrapolation in DUI or DWI cases, arguing that it is based on guesswork and unsupported assumptions. Some have even likened it to a wild guess. Furthermore, court decisions have subjected this technique to scrutiny, thereby increasing the difficulty for prosecutors to secure drunk driving convictions, especially when dealing with a DUI or DWI suspect.

Indeed, there have been significant legal cases in which retrograde extrapolation evidence was dismissed or heavily scrutinized. For instance, in one case, the court dismissed the charge as the prosecutor failed to establish a violation without retrograde extrapolation evidence. In another case, the court considered retrograde extrapolation inherently untrustworthy and unsuitable for use as evidence. Indeed, the utilization of retrograde extrapolation in legal proceedings has resulted in unjust convictions.

Summary

This blog post delved deep into the complex world of retrograde extrapolation, a crucial tool in DUI or DWI cases. We unpacked the science behind it, explored its use as evidence, discussed its limitations and controversies, and examined defense strategies against it. We also looked at real-world examples of its use in the courtroom. Despite its widespread use, it’s clear that retrograde extrapolation is not without its controversies and challenges. As we navigate the intersection of science and law, it’s crucial to ensure the methods we employ are not just scientifically sound, but also fair and just.

Frequently Asked Questions

How do you calculate retrograde extrapolation?

To calculate retrograde extrapolation, you can determine a person’s blood alcohol level at an earlier time by multiplying the average rate of alcohol elimination by the time between driving and the blood test and adding the product to the person’s known BAL.

Which drug is generally associated with retrograde extrapolation?

Retrograde extrapolation is generally associated with alcohol.

What is a reverse extrapolation?

Reverse extrapolation, also known as “retrograde extrapolation,” is the process of calculating a person’s blood alcohol concentration at an earlier time based on a known BAC obtained at a later time. This is often used in forensic analysis of alcohol-related incidents.

What is the Widmark formula?

The Widmark formula calculates blood alcohol content (BAC) by multiplying the ounces of alcohol consumed by a constant (3.75 for men, 4.7 for women), then dividing by the person’s weight.

What are the limitations of retrograde extrapolation?

The limitations of retrograde extrapolation stem from its reliance on assumptions about alcohol elimination rates and the timing of alcohol consumption, which can be contested in a legal setting. Therefore, it may face challenges in court.

retrograde extrapolation calculator
Retrograde Extrapolation Calculator

Retrograde Extrapolation Calculator






















Varghese Summersett

When Tarrant County inmates are locked up, finding something positive in a negative situation is often difficult. But there is hope for those who want to better themselves while behind bars and come out stronger on the other side.

The Tarrant County Sheriff’s Office, in partnership with the non-profit One CommunityUSA, offers a program called Pathways to H.O.P.E (Helping Offenders Pursue Excellence) to help inmates successfully reintegrate into society upon release from jail. The primary goal is to help inmates learn new skills and find housing and jobs after incarceration so they don’t return to old habits and end up back in custody.

In this article, we give an overview of the program, including how it started, the criteria, and the expected results. This video by WFAA Channel 8 provides an excellent overview of the Pathways to H.O.P.E. program.

The Mission: Pathways to H.O.P.E.

Tarrant County’s Pathways to H.O.P.E. Reentry, Diversion, Restorative Justice, and Mentoring Program was founded in 2021 but didn’t start in the jail until 2022 due to COVID-19. The program is a collaboration between the Tarrant County Sheriff’s Office, which runs the jail, and One CommunityUSA, a non-profit dedicated to transforming lives by addressing reentry, diversion, and restorative justice for veterans and civil offenders.

The program aims to help offenders reenter society after incarceration and become productive, law-abiding citizens and leaders at work, home, and communities. It uses a long-term approach – both inside and outside jail walls – to address personal improvement, mental health readiness, and long-term career development.

The director of the program is Tomas “Tom” Cruz, a retired first sergeant of the U.S. Army who shares his own life struggles, including a suicide attempt, to help motivate and inspire the participants to be the best they can be.

Pathways to H.O.P.E: Reentry Program for Life after Jail

The Challenge

According to the Bureau of Justice Statistics, more than 650,000 inmates are released from prison and rejoin society every year. Unfortunately, about two-thirds of ex-offenders will be rearrested within three years of their release.

With no job, no money, and no place to live, they often find themselves facing the same pressures and temptations that led to their incarceration in the first place.

Officials with Pathways to H.O.P.E. are dedicated to using all the tools at their disposal to break the cycle of crime and reduce recidivism. They believe equipping and empowering incarcerated individuals to reenter society successfully is morally imperative and critical to reducing crime and making communities safer.

Program Structure

The Pathways approach to successful reintegration includes A=getting a job, B=getting a better job, and C=staring a career. The program begins while the inmate is in jail, where they complete a 40-hour class (22 lessons) on job training and life skills. They also receive education, mentoring, and mental health resources during this time to prepare them for life after incarceration.

Upon release, the Pathways program assigns them a volunteer mentor (or team of mentors) and will help them find a job, housing and transportation. For the next 18 months after release, they will attend meetings once a week, either in person or through Zoom.

“We go over what they had a rough time with the past week or success and what the following week will look like,” Cruz said. “There is a lot of peer-to-peer support, along with the mentors that are trained within are program.”

It’s important to note that program is voluntary. Participants do not receive special treatment, time off their sentence, or have their case dismissed upon completion. It is not a diversion program.

Program Participants

Half of the men in the Pathways to H.O.P.E. program are military veterans, while the rest are civilian offenders in the general population. They are housed at either the Greenbay Facility or the Hutchins State Jail.

Participants are identified and selected based on their desire to stay out of jail, build better lives, and contribute to society. Many inmates have drug offenses, theft charges or other non-violent crimes. Most inmates who have violent or sex offenses will be excluded from participation in the program.

Pathways to H.O.P.E: Reentry Program for Life after Jail

Program Components

The program is made up of the following components:

  • Pre and Post release mental health (cognitive behavioral approach) and global needs assessment
  • Housing plan, job training, and placement assistance
  • 40-hour inside-the walls Journey to Success Prevocational and Workforce Readiness Program
  • 18-month Journey Home Vocational, Leadership and Restorative Justice program
  • Two-phased Diversion and Supervision Program
  • Mentoring by community and civic leaders, entrepreneurs, Veterans, formerly incarcerated, etc.
  • The Criminal Justice Department at Texas Christian University tracks rearrests, recurring convictions, employment, housing, behavioral adjustment, evaluation propensity score assessing recidivism, etc.
  • Data collected from pre-release, throughout 18-month Journey Home outside-the-walls program and an additional 18 months beyond graduation, total of 36 months
  • Execution of Life Vision Plans
  • On-going Leadership, Career Development and Mentoring

Success Rate

As of October 2023, about 141 inmates had graduated from the program. Most graduates have stayed out of jail since being released – a testament to the effectiveness of the program in helping them reintegrate into society. So far, the reincarceration rate is around 6 percent.

Tarrant County Sheriff Bill Waybourn has said that the goal of the program is to keep the recidivism rate in the single digits.

“Our message to the community is that these people will be our neighbors again, and we want to set the table for success as best we can so they don’t come back here (to jail),” he said in a previous news conference about the program. “…Justice has to be followed by mercy and grace.”

Interested in Tarrant County’s Pathways to H.O.P.E?

The law firm of Varghese Summersett is not directly connected to Pathways to H.O.P.E., but we are always interested in sharing information about positive programs that can help improve the lives of our clients, their families, and communities. If you believe you or a loved one is a good candidate for the Pathways to H.O.P.E. Program, we would like the opportunity to help achieve the most favorable outcome possible for your case and your future. Call 817-203-2220 for a free consultation with an experienced criminal defense attorney at our firm.

Varghese Summersett
If you have been paying attention to the news lately, you’ve probably heard about Texas law enforcement cracking down on fake vehicle inspections, or the so-called “Clean Scanned” scam. This scam involves issuing fraudulent motor vehicle inspections to allow vehicles to pass inspection even if they do not meet Texas’ safety and emissions requirements. This scam is widespread in Texas, with reports suggesting that tens of thousands of cars may be on the road with fake vehicle inspections. Those caught issuing fraudulent motor vehicle inspections in Texas can face serious charges, including the felony charge of tampering with a government document. In this article, our experienced North Texas defense attorneys explain the clean scanned scam, including possible offenses that stem from this illegal practice, the potential punishment range, and the collateral consequences of faking vehicle inspections. It’s important to note that during the 2023 Texas legislature, lawmakers passed a bill to end the requirement for mandatory vehicle safety inspections. However, 17 counties in Texas will still require annual emissions testing, including Tarrant, Dallas, Denton and Colling counties. The clean scan scam

Texas “Clean Scan” Scam

Clean Scanning is a term used to describe the practice of issuing fake vehicle inspections to vehicles that otherwise would not meet safety or emission standards. Basically, an inspection station/inspector issues a passing inspection certificate to a vehicle that has not actually been inspected. This is typically done by plugging an analyzer, which is used to check a vehicle emissions system, into a car that will pass the inspection. The passing result is then attached to the vehicle that has previously failed or showed equipment malfunctions. In most cases, the car needing an emissions test does not have to be physically present at the inspection station in order for the fraudulent inspection to be issued. These days, inspectors obtain the necessary identifying vehicle information and then use a simulator device, similar to a flash drive, and plug it into the emissions analyzer instead of the vehicle. The device imitates the vehicle’s onboard diagnostic system and can be programmed to ensure that the vehicle will pass inspection – that is, get a “clean scan.” Fraudulent emissions certificates are then uploaded into the state’s system.

Texas Vehicle Safety and Emission Standards in Texas

Even though legislation was passed in 2023 eliminating inspections, the law does not go into effect until January 1, 2025. And even when it does go into effect, it will not apply to vehicles in 17 Texas counties – including Tarrant, Dallas, Johnson, Denton and Collin counties. They are still required to comply with federally mandated clean air requirements. Vehicle inspections are performed at official Vehicle Inspection Stations licensed by the Department of Public Safety and must have a passing vehicle inspection in order to renew the vehicle’s annual registration and obtain a vehicle registrations sticker. Texas DPS is responsible for regulating and enforcing the state’s vehicle inspection program, while the Texas Commission on Environmental Quality (TCEQ) is responsible for regulating and enforcing emission standards.

Vehicle Safety Standards in Texas

Texas requires all vehicles to undergo a comprehensive safety inspection every year.  Inspectors check for functioning brakes, headlights, taillights, turn signals, windshield wipers, and mirrors. In addition, vehicles with certain modifications, such as aftermarket exhaust systems, may be required to meet additional safety standards.

Vehicle Emission Testing in Texas

Vehicle emissions inspections are currently required in the following 17 Texas counties to improve air quality: Brazoria, Collin, Dallas, Denton, El Paso, Ellis, Fort Bend, Galveston, Harris, Johnson, Kaufman, Montgomery, Parker, Rockwall, Tarrant, Travis, and Williamson. Texas uses a two-part emissions testing program for gasoline-powered vehicles that includes an On-Board Diagnostic (OBD) test and a visual inspection of emissions control equipment. This test involves connecting a diagnostic tool to the vehicle’s OBD system to check for any emissions-related faults or malfunctions. The purpose of the OBD test is to ensure that the vehicle’s onboard computer system is functioning properly and that there are no emissions-related issues that could contribute to air pollution. Diesel-powered vehicles undergo a similar emissions testing program, but with an additional opacity test to measure visible smoke emissions. Overall, the state of Texas has strict standards for vehicle emissions and safety, which are in place to help protect public health and safety, promote environmental sustainability, and ensure compliance with federal regulations. Violations of these standards can lead to serious legal consequences. Fake Vehicle Inspections in Texas | "Clean Scan" Scam [2023]

The Criminal Consequences of Fake Vehicle Inspections

Those who are caught issuing or possessing fake vehicle inspections in Texas can face criminal charges. Two of the most common charges that stem from fake vehicle inspections in Texas include:

Fraudulent Emissions Inspection of Motor Vehicle

Under Section 548.6035 of the Texas Transportation Code, a person commits fraudulent emissions inspection of a motor vehicle if he or she knowingly:
  1. submits information to the department’s inspection database stating that a vehicle has passed the applicable inspections or issues a passing vehicle inspection report, if:
  • the vehicle does not meet the emissions requirements established by the department; or
  • the person has not inspected the vehicle;
2. manipulates an emissions test result; 3. uses or causes to be used emissions data from another motor vehicle as a substitute for the motor vehicle being inspected; or 4. bypasses or circumvents a fuel cap test This offense is generally a Class B misdemeanor punishable by up to 180 days in jail and a maximum $2,000 fine. However, the charge can be elevated to a Class A misdemeanor, punishable by up to a year in jail and a maximum $4000 fine if the defendant is a repeat offender. If the defendant intended to harm or defraud another person, the charge can be bumped up to a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.

Tampering with a Government Document

A vehicle inspection certificate is considered a government document so making, presenting, or using it with knowledge of its falsity is also illegal under Section 37.10 of the Texas Penal Code. Tampering with a government document is a third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine. It is possible for defendants to also face federal charges of Violating the Clean Air Act for falsifying emissions testing. In 2013, six Arlington men were sentenced in the federal system for their role in circumventing the required emissions testing procedures by substituting vehicles that would pass the emissions test in place of vehicles that had previously failed or showed equipment malfunctions. Three men were sent to federal prison, while three received federal probation. If you are facing allegations related to fake vehicle inspections, it is important to seek the help of an experienced criminal defense attorney who can vigorously defend you and work to mitigate the consequences of the charge against you.

Collateral Consequences of Fake Vehicle Inspections

In addition to facing criminal charges, station owners and inspectors risk license suspension or revocation. For example, in March 2023, DPS announced that it had suspended or revoked 412 vehicle inspection stations and 532 inspectors during “Operation Cinderblock” – a regulatory and criminal operation targeting stations and inspectors who were “clean scanning vehicles instead of conducting the required emissions test during the inspection process.” The department said it was increasing enforcement, working in partnership with the Texas Commission on Environmental Quality, and anticipated removing approximately 700 more inspectors. As mentioned, vehicle emissions inspections are currently required in 17 Texas counties to improve air quality and are integrated with the annual safety inspection program, regulated by DPS in conjunction with TCEQ. The department licenses over 5,500 emissions inspection stations and more than 19,400 inspectors in those counties. Individual inspectors must also be licensed by the DPS and must pass a certification test in order to perform vehicle emissions inspections. The DPS also provides ongoing training for inspectors to ensure that they are up-to-date on the latest regulations and technology related to vehicle emissions. The DPS takes vehicle emissions and safety standards extremely seriously. If a station owner or inspector is in violation, they could face license revocations ranging from a 12-month suspension to a lifetime revocation, depending on prior enforcement history. fake inspection stickers in texas

Motives Behind Obtaining a Fake Vehicle Inspection in Texas

The reasons why drivers seek fake vehicle inspections in Texas vary. Here’s some common reasons behind obtaining fake inspection stickers in Texas, including:

Financial Reasons

Some vehicle owners seek fake inspection stickers in order to avoid the cost and inconvenience of making necessary repairs to their vehicles in order to pass the inspection. This can allow them to continue driving their vehicle without addressing any safety or emissions issues.

Selling Unsafe Vehicles

Individuals who sell vehicles with fake inspection stickers may do so in order to avoid having to make costly repairs to the vehicle in order to pass inspection. This can allow them to sell unsafe vehicles to unsuspecting buyers.

Evading Law Enforcement

Fake inspection stickers can allow individuals to evade law enforcement by making it more difficult for law enforcement to identify vehicles that are not in compliance with state safety and emissions standards. For example, if a vehicle has a fake inspection sticker that indicates that it has passed a state inspection for safety and emissions, a law enforcement officer who is conducting a routine traffic stop may be less likely to check the vehicle’s compliance with state standards, assuming that the vehicle is in compliance because of the inspection sticker. This false sense of legitimacy can make it easier for individuals to avoid detection by law enforcement and to continue driving vehicles that are not in compliance with state standards.

Fraudulent Activities

Having a fraudulent vehicle registration can enable people to engage in other fraudulent activities because it provides a false sense of legitimacy and makes it easier to evade detection by law enforcement. For example, individuals with fraudulent vehicle registrations may be able to obtain fraudulent insurance policies, evade toll road fees, or engage in other activities that require proof of vehicle ownership and registration. Of course, whenever there is a black market for something then you will find people – in this case inspectors and inspection stations – willing to capitalize on it. There is money to be made by those who sell fake inspection stickers.

Accused of Car Inspection Scam in North Texas? Contact Us.

The DPS and other law enforcement agencies take fake inspections seriously and will try to make an example out of people they arrest for fake vehicle inspections. That’s why it is so important to have a skilled defense attorney in your corner as soon as possible if you are arrested or under investigation for clean scanning. At Varghese Summersett, we have the experience and expertise to investigate the allegations against you, challenge the evidence presented by the prosecution, and fight to protect your future. In addition to possible jail time and fines, you may also face collateral consequences such as license suspension, loss of employment, difficulty finding future employment, and damage to your reputation. We will work tirelessly to produce the best possible outcome. Call us today at 817-203-2220 for a free consultation. Varghese Summersett A proactive defense

Fake vehicle inspection crackdowns are not new. Over the past decade, Texas DPS and other law enforcement agencies have been investigating and making arrests related to fraudulent motor vehicle inspections. Some of the operationsrelated to the “clean scanned” scam in Texas include:

 

Operation Cinderblock: In August 2022, the Texas DPS announced its crackdown on fraudulent vehicle inspections and inspectors through “Operation Cinderblock.” The operation focused on vehicle inspection stations and inspectors who were potentially “clean scanning” vehicles instead of conducting the required emissions test during the inspection process. To date, the department has suspended or revoked 412 vehicle inspection stations and 532 inspectors as part of Operation Cinderblock.

Operation Sticker Shock: One of the most notable crackdowns was Operation Sticker Shock in 2016, which was a statewide enforcement effort aimed at identifying and prosecuting those involved in fraudulent motor vehicle inspections. The operation resulted in the arrest of numerous individuals, including some inspectors and shop owners, who were found to be involved in the scam.

Operation Dirty Air: In 2019, a multi-agency investigation called Operation Dirty Air was launched to target air quality emissions violations, including fraudulent inspections, in the Houston area. This operation resulted in several arrests and the shutdown of several inspection stations that were found to be issuing fake inspections.

These are just a few examples of the crackdowns related to the “clean scanned” inspection scam in Texas. The DPS and other law enforcement agencies are actively investigating and prosecuting those involved in issuing fake inspections. If you are facing allegations related to this scam, it is important to contact an experienced criminal defense attorney who can help protect your rights and fight for your best possible outcome.

No, it is illegal for a car dealer to sell a vehicle without a valid inspection sticker in Texas. All vehicles that are driven on public roads in Texas must have a valid inspection sticker that certifies that the vehicle has passed a state inspection for safety and emissions. Dealers are required to ensure that the vehicles they sell have a valid inspection sticker before transferring ownership to a new owner. If you are purchasing a vehicle from a dealer, it is important to ensure that the vehicle has a valid inspection sticker before completing the purchase.

 

No, it is not possible to register a car without an inspection sticker in Texas. Before a vehicle can be registered in Texas, it must undergo a state inspection to ensure that it meets certain safety and emissions standards. Therefore, it is necessary to have a valid inspection sticker before attempting to register a car in Texas.

A car inspection scam in Texas involves issuing or possessing a fake inspection certificate or using fraudulent means to obtain a passing result on a vehicle emissions or safety inspection. The goal of the scam is to avoid the cost and inconvenience of making necessary repairs to a vehicle to ensure that it passes the inspection.

On the other hand, a car license plate scam in Texas involves obtaining or using license plates that are not legally registered to the vehicle. This can include using license plates that have been reported lost or stolen, using fake or fraudulent license plates, or using license plates that belong to another vehicle. The goal of this scam is often to avoid paying taxes or fees associated with registering a vehicle or to avoid law enforcement detection.

Both types of scams are illegal in Texas and can result in serious criminal charges and penalties. It is important for vehicle owners to ensure that their vehicles are properly registered and meet safety and emissions standards to avoid being involved in these types of scams.

If your vehicle fails inspection in Texas, you will be required to make the necessary repairs to ensure that it meets the state’s safety and emissions standards. Depending on the reason for the failure, you may need to repair or replace certain components of the vehicle, such as the brakes, tires, lights, or emissions control system.

Once the repairs have been made, you will need to have your vehicle re-inspected to ensure that it now meets the state’s safety and emissions standards. You will need to bring your vehicle back to a licensed inspection station within 15 days of the initial inspection failure, or you may face additional penalties or fines.

If you fail to have your vehicle repaired and re-inspected within the required time frame, your vehicle may be subject to enforcement action, which can include fines or impoundment of the vehicle. It is important to address any issues that caused your vehicle to fail inspection promptly and to have your vehicle re-inspected as soon as possible to avoid any further penalties or enforcement actions.

The first step is to contact a criminal defense attorney who has experience handling fraud cases. At Varghese Summersett, we can help you understand your legal options and develop a strategy for defending yourself against the allegations. Call 817-203-2220 today for a free consultation.

Varghese Summersett

In the wake of a criminal offense such as Driving While Intoxicated (DWI), many individuals face unexpected challenges affecting their driving privileges. One often overlooked consequence is the need to obtain SR-22 vehicle liability insurance. This requirement is imposed by the Texas Department of Public Safety (DPS) for specific offenses, ensuring that high-risk drivers meet the state’s minimum liability insurance standards.

understanding SR-22

Understanding SR-22 Insurance

SR-22 is not your typical car insurance. In fact, it’s not actually a type of insurance. Rather, it’s a form that an insurance company files with the state to certify that an individual has purchased a policy meeting the state’s required minimum amounts of liability coverage. It serves as proof of financial responsibility.

The DPS often mandates it for individuals convicted of certain offenses, like DWI, to ensure that they have the financial responsibility to cover any potential future incidents. Here’s a brief overview of SR-22 in Texas:

Reasons for Needing an SR-22 in Texas:

  • Driving Without Insurance: If you’re caught driving without valid insurance in Texas, you might be required to carry an SR-22 certification.
  • Driving While Intoxicated: Convictions for DUI or DWI can lead to a requirement for an SR-22 filing.
  • Accumulation of Traffic Violations: Repeated traffic offenses within a short timeframe can trigger the SR-22 requirement.
  • License Suspension or Revocation: If your license gets suspended or revoked, you might be required to get SR-22 to have your driving privileges reinstated.
  • Serious at-fault Accidents: If you’re at fault in a serious accident and don’t have adequate insurance, you might be required to carry SR-22 insurance.Duration:

Duration of SR-22 Insurance

Typically, in Texas, drivers are required to maintain their SR-22 certification for a period of 2 to 3 years, depending on the specific offense. If your policy lapses or gets canceled during this period, your insurer is obligated to notify the state, which can result in further penalties or an extended period for the SR-22 requirement.

Cost of SR-22 Insurance

The filing fee for an SR-22 is generally low. However, the reason you need an SR-22 (e.g., DUI or multiple traffic violations) often means your insurance premiums will be higher than someone with a clean driving record.

Non-Vehicle Owner SR-22

If you don’t own a vehicle but need to file an SR-22 in Texas, you can purchase a non-owner’s SR-22 policy. This provides coverage when you drive vehicles not owned by you or vehicles that are not available for your regular use.

If you find yourself in a situation where you need an SR-22, it’s essential to shop around. While having an SR-22 will likely increase your insurance rates, different insurance providers might offer varying rates for the same coverage.

Obtaining SR-22 Insurance: What You Should Know

You may purchase coverage through any provider you’d like. However, adding SR-22 insurance to your family’s regular car insurance can have a negative effect on your car insurance rates, making an already difficult situation even more financially burdensome.

Getting SR-22 insurance from an insurance provider who specializes in SR-22 interest, or a similar provider separate from your family’s insurance company, will satisfy the requirement set by the Texas Department of Public Safety without having a negative impact on your family’s regular car insurance.

If you don’t have a preference, we recommend Accurate Concept Insurance. You will be able to print the form immediately upon purchasing the policy and a copy will be e-mailed to the Department of Public Safety and your attorney within 10 minutes.

If you believe you need guidance regarding the consequences of a DWI charge, or another charge that could affect your driver’s license, a call to our office will give you a confidential analysis of your situation and what might occur. Our team of attorneys are former state and federal prosecutors with years of experience regarding license eligibility and the consequences of a DWI.

Failing to File or Maintain SR-22 Insurance

If you fail to file or maintain an SR-22 in Texas when required you could face:

License and Registration Suspension 

Your driver’s license and vehicle registration can be suspended. To reinstate them, you’ll usually need to provide proof of the required insurance and may have to pay reinstatement fees.

Penalties

Apart from suspension, failing to maintain an SR-22 when required can lead to additional fines and penalties.

Extended Requirement

The period during which you are required to have the SR-22 might be extended. For instance, if you had an SR-22 requirement for 2 years and let it lapse after 1 year, the clock might reset, and you could be required to maintain it for another full term.

Insurance Premiums

Letting your SR-22 lapse or failing to file it can result in even higher insurance premiums when you do seek coverage.

Notification to the State

Insurance companies are obligated to notify the state if your SR-22 lapses or gets canceled.

If you’re ever in a situation where you’re required to have an SR-22, it’s essential to maintain it for the entire duration specified by the state to avoid these complications. If you’re unsure of your requirements or the steps you need to take, consulting with a legal expert or insurance professional can provide clarity.

Get Expert Guidance on DWI and Related Consequences

Intoxication crimes and their repercussions, particularly in regards to driving privileges, can be complex. At Varghese Summersett, we are equipped to guide you every step of the way. Our team, which includes Board Certified Criminal Law Specialists and former state and federal prosecutors, has an in-depth understanding of license eligibility and the intricacies of DWI consequences.

If you are facing a DWI charge or any offense that might jeopardize your driver’s license, reach out to us. A free, confidential consultation with our seasoned attorneys will provide clarity on your situation and the potential outcomes you may face.  Call 817-203-2220 today.

Varghese Summersett

Varghese Summersett Acquires The Griffin Firm 

Varghese Summersett, one of the fastest-growing personal injury, criminal defense, and family law practices in North Texas, has acquired The Griffin Firm, known for its outstanding reputation in Southlake and Keller. The acquisition, effective immediately, allows Varghese Summersett to expand its reach and serve more clients facing complex family law issues.

Wade Griffin
Wade Griffin, founder of the Griffin Firm, on joining Varghese Summersett

The Griffin Firm, founded by attorney Wade Griffin, has been a leading family law practice for more than two decades. The firm is known for its compassionate, results-driven approach to resolving family law matters, including divorce, asset division, and child custody disputes.

The firm will continue serving its existing clients under the Varghese Summersett banner, ensuring a seamless transition and uninterrupted legal services.

“We are incredibly proud of the work we have done at The Griffin Firm,” said Wade Griffin, who joins Varghese Summersett as a partner. “We are excited to join forces with Varghese Summersett and continue providing superior representation to our clients, backed by the resources and expertise of one of the most dynamic and progressive law firms in North Texas.”

A Greater Presence in Southlake and Keller

“We are thrilled to add this outstanding team to our family law division,” said Benson Varghese, managing partner of Varghese Summersett. “The Griffin Law Firm has a reputation for excellence and dedication to its clients, particularly in the Southlake and Keller area. We look forward to integrating their expertise with ours, strengthening our ability to provide exceptional legal representation to more North Texas individuals and families.”

Varghese Summersett Continues Expansion

This acquisition marks another milestone for Varghese Summersett as it continues to expand its offerings and reach in the legal industry. The firm has seen tremendous growth since its inception in 2014 as a criminal defense practice. Since then, Varghese Summersett has added family law and personal injury divisions – all of which have dedicated attorneys and staff with proven records of success.

The firm, named a fastest-growing company by Inc. 5000 magazine, has nearly 50 employees and offices in Fort Worth and Dallas, with plans to add more in the immediate future.

“We are committed to providing exceptional legal representation to our clients and growing strategically to better serve their needs,” said Partner Anna Summersett. “The acquisition of The Griffin Firm is a testament to that commitment and reinforces our dedication to achieving the best possible outcomes for clients throughout North Texas.”

About Varghese Summersett

Headquartered in downtown Fort Worth, Varghese Summersett is a premiere criminal defense, personal injury, and family law practice dedicated to helping people through life’s greatest challenges. The firm’s roster is full of highly experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has more than 725 5-star Google reviews and has been named a “DFW Favorite,” a “Best Place to Work,” and a “Best Place for Working Parents,” among numerous other accolades. Learn more about Varghese Summersett at versustexas.com.

Varghese Summersett

When nature calls, it can be tempting to answer it in the most convenient way possible. However, urinating in public can have serious consequences in Texas. While taking a leak may seem like a minor indiscretion, public urination is actually illegal, and it can result in fines, community service, and possibly a criminal record.

Is Public Urination Illegal in Texas? [2023]

What is Public Urination in the Eyes of the Law?

Public urination, in the eyes of the law, falls under the category of Disorderly Conduct in the state of Texas. Specifically, Section 42.01 of the Texas Penal Code defines disorderly conduct as the act of “exposing his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.”

This offense is typically considered a Class C misdemeanor in Texas, the lowest misdemeanor offense in the state. However, don’t let that classification fool you. The consequences of a Class C misdemeanor can be more significant than you might think. If you’re found guilty, you could possibly face a fine of up to $500 and a final conviction on your record. That’s a substantial financial and long-term burden to bear for a few moments of convenience.

Class C Misdemeanor

Graver Consequences: Indecent Exposure and Lewdness

Depending on the circumstances, the location, if a minor is present, and the prosecutor’s discretion, a public urination could be charged as a more severe offense, such as Indecent Exposure or Lewdness. These charges carry significantly harsher consequences and may even lead to sex offender registration.

Indecent Exposure: Under the Texas Penal Code, 21.08,  a person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. Consequences for this crime can land you up to six months in jail and a $2,000 fine. 

Lewdness: Penal Code 21.07 defines this as an offense where a person knowingly engages in any of the following acts in a public place or, if not in a public place, he or she is reckless about whether another is present who will be offended or alarmed by his or her:

  • Act of sexual intercourse;
  • Act of deviate sexual intercourse; OR
  • Act of sexual contact.

public lewdness in Texas

Avoiding the Consequences

The best way to avoid the serious consequences of public urination in Texas is to plan ahead. Here are some tips to help you navigate these situations:

  1. Use Public Restrooms: Whenever possible, use designated public restrooms. Most public places, like parks, shopping centers, and restaurants, provide restroom facilities.
  2. Plan Ahead: If you know you’ll be in an area without accessible restrooms, plan accordingly. Try to use the facilities before leaving home or seek out restrooms at nearby businesses.
  3. Ask for Assistance: If you find yourself in a situation without restroom access, consider seeking help from a local business owner or law enforcement officer to find a suitable and legal place to relieve yourself.

In conclusion, while the temptation to urinate in public may arise, it’s crucial to resist that urge in Texas. The consequences, including fines, a potential criminal record, and even sex offender registration, make it a risk not worth taking.

Instead, plan ahead, be responsible, and find a suitable, legal place to answer nature’s call to avoid these unwanted repercussions. However, if you do find yourself facing charges of this nature, call the attorneys at Varghese Summersett at 817-203-2220 to schedule a phone consultation where we can:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the consequences of the allegation; and
  • Discuss the defenses that apply and in general terms discuss our approach to your case.
Varghese Summersett

In September 2023, the Texas legislature passed a child grooming law in an effort to protect minors from sexual abuse and exploitation before it happens. This law is aimed at preventing adults from developing connections with children for the purpose of gaining their trust and then sexually abusing or trafficking them.

Under this new law, individuals found guilty of grooming a child under the age of 18 could face up to 10 years in prison. However, the criminal defense attorneys at Varghese Summersett predict problems with Texas’ new law, which is ambiguous and overbroad.

In this article, we explain the new child sex crime law, possible penalties, potential problems – and the importance of securing a highly experienced criminal defense lawyer if you or a loved one is facing a charge of child grooming in Texas.

What is Child Grooming in Texas?

Child Grooming

“Child grooming” refers to the process by which an adult establishes a trustful relationship with a child, and sometimes with the child’s family, with the intention of later engaging in sexual abuse, exploitation, or trafficking. This process often involves a series of manipulative behaviors that may include :

  • Building Trust and Rapport: The abuser may initially present themselves as a friendly, harmless individual to gain the child’s trust. This can involve showing special attention, understanding, and sympathy towards the child.
  • Testing Boundaries: Gradually test and push the boundaries of appropriate behavior, often starting with seemingly innocent touches and escalating to more overtly sexual behavior.
  • Isolation: Efforts to isolate the child from friends, family, or peers, thereby making the child more dependent on the abuser for companionship and attention.
  • Secrecy: Encouraging the child to keep their relationship secret, often under the guise of it being a special bond that others wouldn’t understand.
  • Material or Emotional Bribery: Offering the child gifts, treats, or privileges. This can also include fulfilling the child’s needs or desires and making the child feel indebted or special.
  • Filling a Needed Role: The abuser might position themselves as a mentor, benefactor, or protector, especially in situations where the child lacks these figures in their life.
  • Desensitization to Touch and Sexual Topics: Gradually introducing sexual content or physical contact in a way that seems normal or accidental, reducing the child’s inhibitions and normalizing inappropriate behavior.
  • Creating Dependency: Making the child feel that they need the abuser, whether emotionally or materially, thus creating a sense of dependency.
  • Threats and Manipulation: As the abusive relationship develops, the abuser may use threats, guilt, or manipulation to keep the child silent and compliant.
  • Communication Control: Monitoring or controlling the child’s communications with others to maintain control over the child’s relationships and interactions.

These grooming behaviors are often subtle and insidious, making them difficult to detect early on.

new child grooming law in Texas

Texas’ New Child Grooming Law

As mentioned earlier, Texas’ child grooming law, which went into effect on September 1, 2023, targets adults who attempt to groom minors under the age of 18 for sexual abuse or exploitation.

The new law is defined in Section 15.032 of the Texas Penal Code, which states that a person commits an offense if he or she “knowingly persuades, induces, entices, or coerces, or attempts to persuade, induce, entice, or coerce,” a child younger than 18 years of age to engage in sexual conduct or activity or to be a party to the conduct.

You can read the entire statute here, which is very confusing for laypeople to understand because it cross-references numerous other sections of the Texas Penal Code, including the sections on prostitution, trafficking, sexual offenses, and assaultive offenses.

is child grooming a criminal offense in Texas?

Problems with the Texas Child Grooming Law

As criminal defense attorneys, we see numerous problems with Texas’ new child grooming law. For starters, it’s overly broad and could subject people to prosecution for benign behaviors between an adult and a child. For example, could an adult be accused of child grooming if they take a minor to a Rated-R movie and buy them candy without any underlying sexual intent? Could a member of the LGBTQ community who teaches a young person about sexual orientation and gender be targeted for child grooming? It’s very subjective.

Furthermore, the statute uses the language “attempts to persuade” a child. What does this mean? Is buying a child a birthday present an attempt to persuade them? Is showing interest in their personal life an attempt to persuade them? The statute doesn’t provide clarity on this issue, leaving it open for interpretation.

This law gives prosecutors too much power and discretion to decide who gets charged with the offense. It’s not always clear where the line is between inappropriate behavior and criminal conduct. Law enforcement and prosecutors may have difficulty distinguishing between grooming behaviors and benevolent relationships. This ambiguity could lead to false accusations and wrongful arrests.

Punishment for Child Grooming in Texas

Third degree felony in Texas
Third-degree punishment range in Texas

In Texas, the charge of child grooming is a third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine.

It’s important to point out that probation or deferred adjudication probation is also a possibility. The Texas Code of Criminal Procedure allows both judges and juries to grant probation for child grooming – as long as the sentence is less than 10 years and a deadly weapon was not used or displayed.  

Sex Offender Registration Not Required – Yet

As of the fall of 2022, child grooming has not been added to the list of offenses that require sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. However, the legislature can add it at any time. You can read more about sex offender registration here.

Statute of Limitations for Texas Child Grooming

Child grooming in Texas carries a three-year statute of limitations, which means a prosecutor has three years to bring charges against an individual.

Child Grooming Defenses

While facing child grooming charges can be terrifying, several defense strategies can be used depending on the specific facts and circumstances surrounding the case. It’s essential to consult with a skilled defense attorney experienced in handling child sex crimes to determine the best approach. Some possible defenses include:

Challenging the Law

As mentioned, we believe there are problems with the law that can be challenged on constitutional grounds. So far, this new law hasn’t been tested in court, so there are many unknowns.

Lack of Intent

To be convicted of child grooming, the prosecution must prove that the defendant had a specific intent to sexually abuse or exploit the child. If there is no evidence of this intent, it may be possible to argue that the defendant’s actions were misinterpreted or misunderstood.

Insufficient Evidence

Prosecutors must prove every element of a child grooming charge beyond a reasonable doubt. If there’s insufficient evidence to support one or more elements, the defense can fight to have the charges dropped or take it to trial and convince a jury to find you not guilty.

It’s important to remember that the best defense strategy will depend on the unique circumstances of each case. Consulting with an experienced North Texas defense attorney is crucial for understanding the available defenses and developing an effective strategy. 

what should you do if you are charged with child grooming in Texas

Arrested for Child Grooming? Contact Us.

If you have been accused of child grooming in Fort Worth, Dallas, or the surrounding areas, it’s imperative to have the best possible defense attorney in your corner. Not only are you facing possible jail time and a fine, but a conviction can have lasting consequences on your personal and professional life. At Varghese Summersett, we will do everything in our power to produce the most favorable outcome possible. Here’s how we can help:

  1. Expert Case Evaluation: Our team is made up of board-certified criminal attorneys and former prosecutors with extensive experience handling child sex crime cases. We will thoroughly review all the facts and circumstances of your case. This involves analyzing the evidence, identifying weaknesses in the prosecution’s claims, and strategizing the best defense approach tailored to your situation.
  2.  Challenge the New Law:  As mentioned, child grooming is a new Texas law, which hasn’t been tested in court yet. We will challenge the prosecution every step of the way.
  3. Negotiating Plea Deals: If it’s in the best interest of our clients, we will aggressively negotiate with prosecutors to secure the most favorable outcome possible. This can result in reduced charges or even the possibility of alternative dispositions, which can significantly decrease your exposure to punishment.
  4. Strong Courtroom Representation: We are fearless and aggressive trial attorneys known for producing favorable outcomes in even the most challenging cases. We will do everything within our power to challenge every aspect of the prosecution’s case and provide a solid defense on your behalf should your case go to trial.
  5. Protection of Your Rights: Throughout the legal process, we will ensure that your rights are upheld. Any procedural mistakes or rights violations by law enforcement can be grounds for case dismissal or reduced charges.
  6. Support and Guidance: Beyond the legal defense, our team provides compassionate support, ensuring you understand each step of the process. We’re here to answer any questions, address concerns, and provide reassurance during this challenging time.

At Varghese Summersett, we recognize the gravity of child grooming charges and their profound impact on a person’s life, liberty, and livelihood. Our approach is a combination of aggressive representation and compassionate counsel. When you choose us, you’re not just hiring a defense attorney but securing a dedicated advocate committed to protecting your future. Call 817-203-2220 now for a free consultation with a North Texas child grooming lawyer.

Varghese Summersett

More than 100 friends, family, and community members gathered for a ceremonial ribbon cutting on Tuesday at Varghese Summersett, marking the firm’s relocation to a larger, gorgeous new space.

Last month, the firm relocated from the 16th to the 7th floor of the One City Place Building, now occupying a newly renovated 15,000-square-foot space. The move, necessitated by the firm’s remarkable growth, reflects its commitment to providing unparalleled legal services to clients for years to come. 

Varghese Summersett Celebrates New Space with Ribbon Cutting Ceremony

“As we celebrate this new chapter, I am reminded that our journey to this point has truly been a collective effort,”  said Benson Varghese, founder and managing partner of the firm. “The success and growth of Varghese Summersett is attributed to the hard work and dedication of our entire team.  From those who have been with us since the firm’s inception to the new faces who have recently joined the VS family, each person has played an integral part on this path. I  am grateful for all of you  – and for the confidence and support of our clients who continue to trust us to handle the greatest challenges in their lives.”

The ribbon cutting event was sponsored, in part, by the Fort Worth Chamber of Commerce, which earlier this year named Varghese Summersett a “Small Business of the Year.”

Varghese Summersett Celebrates New Space with Ribbon Cutting Ceremony

Guests enjoyed champagne and hors d’oeuvres as they toured the modern, exquisitely decorated space, which features 36 glass offices, four gorgeous conference rooms, a state-of-the-art courtroom, collaborative workspaces, and stunning views of downtown Fort Worth. The new space houses three separate law divisions – Personal Injury, Family Law, and Criminal Defense – with room to expand.

The renovations for the sleek new space – which were designed by the firm’s co-owner, Anna Summersett – took six months to complete and involved a lot of thoughtful planning and meticulous attention to detail. Every aspect of the space was carefully curated to create an inviting, modern atmosphere that reflects the firm’s commitment to innovative legal strategies and exceptional client service. 

“This space is a reflection of our team and our culture – modern, dynamic, and forward-thinking,” Summersett said. “We wanted to create a space that not only inspires our team to do their best work, but also provides a comfortable and calming environment for our clients. We are proud of what we have accomplished so far and excited about the future of Varghese Summersett. The sky truly is the limit.”

Varghese Summersett Celebrates New Space with Ribbon Cutting Ceremony