An arrest for sex trafficking can feel like it came out of nowhere, even when it followed months of investigation you never knew about. The Law Offices of Richard C. McConathy provide 24/7 access to Richard McConathy directly, so you have someone steady in your corner from the very first conversation.
These charges fall under Penal Code § 20A.02, a felony that carries significant prison exposure and can reach a life sentence in certain circumstances. Clients work with Richard personally, not a rotating team of paralegals, drawing on more than 6,000 criminal cases the firm has handled statewide.
Call (972) 233-5700 now if you or someone you know is under investigation for sex-trafficking anywhere in Texas. Someone from the firm answers that line day or night.
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Contact UsHow The Law Offices of Richard C. McConathy Approach Trafficking Cases
The firm gives every trafficking client personalized attention and direct access to Richard McConathy from the first phone call. These cases involve extensive digital evidence, cooperating witnesses, and months of investigative work, and the firm reviews all of it closely before recommending any direction.
The Law Offices of Richard C. McConathy have represented clients in more than 6,000 criminal cases and secured over 1,000 case dismissals throughout Dallas, Collin, Denton, and Tarrant Counties, along with clients statewide. That experience shapes how the firm evaluates the evidence behind a trafficking allegation, since these cases frequently rest on witness credibility as much as physical evidence.
The firm's related work defending clients accused of child sexual abuse offenses and other sexual offense charges informs how trafficking cases get handled from intake through trial. Clients reach the firm 24 hours a day, seven days a week, since these investigations surface without any notice.
What Is Sex Trafficking Under Texas Law?
Sex trafficking under Texas law falls within the broader offense of trafficking of persons, defined in Tex. Penal Code § 20A.02. The statute covers trafficking another person and, through force, fraud, or coercion, causing that person to engage in prostitution or a related offense, along with knowingly benefiting from a venture that does the same.
The law also covers trafficking a person into prostitution regardless of force, fraud, or coercion when the trafficked person is a minor. This distinction matters because the state does not have to prove coercion at all when a minor is involved.
Why the Law Applies Even Without Direct Involvement
A person may face charges under this statute for receiving a benefit from a trafficking venture, even without personally recruiting or transporting anyone. The law reaches financial arrangements connected to trafficking, not only the physical acts most people associate with the term.
What Determines the Felony Level in a Texas Trafficking Case?
Several specific facts determine whether a Texas trafficking charge carries a second-degree or first-degree felony range, and the Texas Legislature has amended this structure multiple times recently. Understanding which version of the statute applies to a specific case matters given how the law has changed.
Certain circumstances have consistently pushed trafficking charges toward the more serious end of the felony range.
- The trafficked person was a minor at the time of the offense, regardless of whether the accused knew the person's age.
- The offense resulted in the death of the trafficked person.
- The offense resulted in the death of an unborn child of the trafficked person.
- The offense involved recruiting the trafficked person from a shelter serving runaway youth, foster children, or trafficking survivors.
- The offense occurred near a school, public park, or similar location specified under the statute.
Each of these circumstances can raise the potential sentence substantially compared to a case without them. Given how frequently the Texas Legislature has revised this statute, reviewing which version applies to the specific dates alleged in a case is worth doing early.
Trafficking of Persons Penalty Structure in Texas
| Circumstance | Governing Provision | Felony Level | Prison Range |
| Base trafficking offense involving an adult | Tex. Penal Code § 20A.02(b) | Second-degree felony (subject to recent legislative changes) | 2 to 20 years |
| Offense involves a minor victim | Tex. Penal Code § 20A.02(b)(1) | First-degree felony | 5 to 99 years or life |
| Offense results in death of the trafficked person | Tex. Penal Code § 20A.02(b)(2) | First-degree felony | 5 to 99 years or life |
| Offense committed near a specified protected location | Tex. Penal Code § 20A.02(b-1) | First-degree felony | 25 to 99 years or life |
How Does Continuous Trafficking of Persons Differ From a Single Charge?
Continuous trafficking of persons applies when the state alleges two or more trafficking acts occurring over a period of 30 days or more, charged under a separate statute from a single trafficking offense. This charge, defined in Penal Code § 20A.03, carries its own distinct elements and penalty structure.
The distinction matters because a continuous trafficking charge does not require the state to prove the exact date of each individual act, only that the pattern occurred within the required timeframe. Building a defense against this type of charge requires a different approach than defending a single alleged incident.
What Defenses Apply to a Texas Sex Trafficking Charge?
Several defense strategies apply to trafficking charges, and the right one depends heavily on the specific evidence and how the investigation unfolded. A defense built around disputing knowledge of a victim's age looks different from one built around challenging witness credibility.
Defense approaches the firm evaluates in these cases include the following.
- Challenging whether the state can prove force, fraud, or coercion in cases involving an adult alleged victim.
- Disputing whether the accused actually received a benefit from the alleged trafficking venture.
- Contesting witness credibility, particularly when cooperating witnesses have incentives tied to their own charges.
- Reviewing whether digital evidence, such as messages or financial records, was obtained lawfully.
- Raising lack of knowledge defenses where the statute requires proof of what the accused knew.
Each of these defenses requires close review of the specific evidence the state intends to use. The firm examines witness statements, financial records, and digital evidence before recommending which approach fits a given case.
Can a Texas Sex Trafficking Case Turn Into a Federal Charge?
Yes, sex trafficking allegations carry federal exposure alongside a Texas state charge, particularly when the conduct crosses state lines or affects interstate commerce in any way. Federal prosecutors rely on 18 U.S.C. § 1591, a statute the Department of Justice uses specifically for sex trafficking cases involving minors or force, fraud, or coercion.
This federal law reaches a wide range of conduct, including recruiting, transporting, advertising, or financially benefiting from a trafficking venture. When a minor is involved, federal prosecutors do not need to prove force, fraud, or coercion at all. The minor's age alone can support the charge.
Why Federal Involvement Changes the Stakes
Federal sex trafficking convictions carry mandatory minimum sentences that leave little room for judicial discretion. A case involving a victim under 14, or any case involving force or coercion, carries a mandatory minimum of 15 years, with the possibility of life imprisonment. Cases involving victims between 14 and 17 carry a 10-year mandatory minimum.
These mandatory minimums exist separately from any sentence tied to a related Texas state charge, and federal cases proceed under different rules, different sentencing guidelines, and a much larger investigative file built by federal agents. A case that starts as a local Texas investigation can shift toward federal jurisdiction quickly once financial records or communications cross state lines.
The Law Offices of Richard C. McConathy review the specific facts of a case to determine whether federal exposure exists alongside a state charge. Understanding which system is actually involved changes everything from bail conditions to how the defense approaches the earliest stages of a case.
What Happens After a Sex Trafficking Arrest in Texas?
A sex trafficking arrest in Texas typically moves through arraignment, bail determination, and grand jury indictment before the case reaches trial or a negotiated resolution. Each of these stages creates a specific opportunity to challenge the state's evidence.
Getting an attorney involved before these stages happen gives the accused more control over how the case develops.
- Arraignment and bail determination, where the specific allegations affect what conditions get set.
- Grand jury review, since felony trafficking charges require an indictment before trial can proceed.
- Discovery, where the firm reviews everything the state intends to use, including witness statements and digital records.
- Pretrial motions, including challenges to how evidence was gathered during the investigation.
- Trial or negotiated resolution, depending on how the evidence holds up under close review.
Trafficking investigations build over months before an arrest happens, which means the state has already reviewed the evidence extensively by the time charges get filed. Getting legal representation involved quickly helps close that gap.
FAQ for Texas Sex Trafficking Lawyer
Can I speak with an attorney right away if I just learned I am under investigation?
Yes, the firm answers calls 24 hours a day, seven days a week, since trafficking investigations surface unexpectedly after months of undisclosed work by investigators. Reaching out immediately gives the firm the chance to review the case before an arrest happens.
Will I actually work with Richard McConathy on my case?
Clients work directly with Richard McConathy personally throughout their case, not a rotating team of junior staff. That direct access applies across the firm's full history of more than 6,000 criminal cases handled statewide.
Does the firm have experience with cases involving cooperating witnesses?
Yes, the firm has secured more than 1,000 case dismissals across Dallas, Collin, Denton, and Tarrant Counties, including cases built largely on witness testimony. That experience shapes how the firm reviews witness statements and any incentives tied to their cooperation.
What if the alleged victim was actually an adult who was never coerced?
This distinction is central to many trafficking defenses, since the statute generally requires proof of force, fraud, or coercion when the alleged victim is an adult. Reviewing the specific relationship and communications involved is where a defense begins.
Is sex trafficking always a first-degree felony in Texas?
Not always. The base offense has historically been a second-degree felony in some circumstances, rising to first-degree when the case involves a minor victim, results in death, or involves other specific aggravating factors under Tex. Penal Code § 20A.02.
Can someone face trafficking charges without personally recruiting the victim?
Yes, the statute covers knowingly receiving a benefit from participating in a trafficking venture, which reaches people connected to the financial side of an operation without direct recruitment.
How long does the state have to file sex trafficking charges in Texas?
Sex trafficking charges involving a minor generally carry no statute of limitations in Texas. Cases involving adult victims may follow different timelines depending on the specific charge and circumstances.
Can trafficking charges apply if the alleged conduct happened partly outside Texas?
Sometimes, depending on where key elements of the offense occurred and whether Texas courts have jurisdiction over the specific conduct alleged. Reviewing where each part of the alleged conduct took place is an early step in these cases.
Get Direct Access to a Texas Sex Trafficking Defense Attorney Now
The Law Offices of Richard C. McConathy provide 24/7 access to Richard McConathy directly, backed by a case history of more than 6,000 criminal matters and over 1,000 dismissals. Call (972) 233-5700 now, any hour, from anywhere in Texas.