Employment Harmful to Minors
A person can be charged with employment harmful to minors if he or she employs, authorizes, or induces a child to work in a sexually oriented commercial business. The offense is further described under Chapter 43 of the Texas Penal Code. According to the statute, employment harmful to minors is categorized as a felony.
Because these violations usually involve minors sexually exposing themselves, Texas prosecutors will often seek maximum punishments for alleged offenders. If you believe you are under investigation for the crime of employment harmful to minors, don’t lose any more time and contact The Law Office of Jackson F. Gorski as soon as possible.
Austin Employment Harmful to Minors Lawyer | Jackson Gorski
If you have been arrested for the crime of employment harmful to minors, you need a defense attorney who is aggressive, knowledgeable, experienced, and proactive. Jackson F. Gorski is a criminal defense lawyer with all of these characteristics. Allow him to develop a formidable defense strategy that will refuse your allegations.
The Law Office of Jackson F. Gorski proudly represents individuals throughout Southeast Texas including Travis County, Williamson County, Bell County, Hays County, Caldwell County, Bastrop County, Milam County, and Blanco County. Don’t speak to law enforcement before retaining legal counsel. Call 512-960-4646 or fill out the free consultation form to schedule a free consultation with The Law Office of Jackson F. Gorski today.
Information Center
- Employment Harmful to Minors in TX
- Penalties for Employment Harmful to Minors
- Defenses for Employment Harmful to Minors
- Additional Resources
Employment Harmful to Minors in TX
Typically, when prosecutors speak about harmful employment to minors, they’re referring to employers who run sex-related establishments. These establishments may be strip clubs, sex toy shops, live entertainment bars, and sex clubs.
Specifically, under Texas Penal Code §43.251, it is against the law to employ or induce a child to work at a sexually-oriented commercial activity business or permit, request, or require that the child be nude or topless.
Penalties for Employment Harmful to Minors
Employment harmful to minors is classified as a felony offense. Yet, the specifics of the individual’s sentencing vary depending on the minor’s age and whether the prosecutor files additional charges. Typically, this is a 2nd-degree felony offense. Therefore, a judge may sentence the individual to up to twenty years in state prison. However, the prosecutor will file a 1st-degree felony offense against the individual if the minor is thirteen or younger, regardless of whether the individual knew the victim’s age. In this case, 1st-degree offenses are punishable by up to life in state prison. Of course, such a harsh penalty is unlikely for this crime unless exceptional circumstances apply, such as a death, a human trafficking ring, etc.
Other punishments are equally significant and embarrassing. For example, if convicted, the individual is at risk of:
- Losing their job
- Losing their business license
- Struggling to find employment post-incarceration
- Suffering an online accessible criminal record
- Facing a delay in career and educational goals
Defenses for Employment Harmful to Minors
Fortunately, there are defenses to every crime. Which defenses an individual’s legal representative will recommend depends on the facts of the individual’s case, the evidence produced from the investigation, and the individual’s statements. Please note that lack of knowledge is not a viable defense because this law does not require the individual to know the victim’s age when the violation occurred. All that matters is that the victim was underage.
Lack of force isn’t a defense because the law doesn’t care if the child voluntarily worked for the individual—what matters is that it’s illegal. So long as the individual authorized the underage person to work in a sexually charged business, the state can hold the individual accountable. Thus, the individual will want phenomenal and experienced defense attorneys at their side to beat a conviction.
Additional Resources
Tex. Pen. Code 43.251 – The Casetext’s website defines the key terms relating to employment harmful to minors, such as “child,” “sexually oriented commercial activity,” and “topless.”
Texas Child Labor Law – The Texas Workforce Commission’s website provides an overview of general employment-related exemptions and restrictions regarding child labor laws in Texas.
Although your reading of this website doesn’t constitute the formation of an attorney-client relationship, I will tell you that you should avoid discussing your case with friends, family, social media applications, and prosecutors without the legal guidance of an experienced defense lawyer.
