Any subsequent delays in the prosecution of the case are applicable to the defendant's statutory or constitutional rights to a speedy trial, but not to the statute of limitations.In other words, the right to a speedy trial is a separate issue from a prosecution initiated after the applicable statute of limitations.Texas Child Pornography Laws: The Basics Sexual Performance by a Child: A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance.A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.The case was settled privately in 2006, so no final verdict was issued.Quaaludes were a popular sleep aid in the 60s and the 80s, but were banned from the United States in 1984.After a prosecution is initiated in Texas, it is important to determine whether the criminal prosecution was initiated during the applicable statute of limitations. In other words, the defendant must usually raise the limitations defense in the trial court and not for the first time on appeal after a conviction.The statute of limitations is particularly important in sexually motivated offenses. A defendant may assert the statute of limitations defense before trial by filing a motion to dismiss under article 27.08(2) of the Texas Code of Criminal Procedure.
The statutes of limitations in criminal cases is defined as the period within which criminal prosecutions must be initiated.In most criminal cases in Texas, the limitation period runs from the date the offense was committed until the date the indictment was presented or the date the complaint or information was filed.After the indictment is presented or the complaint or information is filed, then requirements related to the statute of limitations either apply or do not.Possession of Child Pornography: A person commits an offense if: Have a Texas Attorney Review Your Criminal Case for Free The hiring of children for sexual performances or the production or possession of child pornography is a serious crime in Texas as in other states.Depending on the severity of the charges, you could spend the rest of your life in prison if convicted.Since the drug was banned thirty years ago, the statute of limitations — at least in Texas — is well past.Christopher Kaiser is a staff attorney for the Texas Association Against Sexual Assault, he joins the Texas Standard to untangle the state’s laws on sexual assault and rape cases.The Texas Legislature has recently expanded the statute of limitations for certain types of sex crimes. At trial, if there is some evidence before the jury that the prosecution is barred by the statute of limitations, a defendant may assert the defense by requesting a jury instruction on limitations.Under Texas law, a statute of limitations claim is a defense that must be raised at or before the guilt or innocence stage of trial. Call an attorney at Stuckle & Associates PLLC to discuss your criminal case and whether you have a defense related to the statute of limitations.As the case against Bill Cosby grows, Christopher Kaiser for the Texas Association Against Sexual Assault walks through the Texas laws surrounding sexual assault, rape cases.By David Brown | July 7, 2015 pm Allegations that Bill Cosby sexually assaulted or raped multiple women have made headlines in the media these past few months.