Employment Harmful to Children

Texas law prohibits offering employment to children in a sexually oriented business. While most violations of state child labor laws are usually misdemeanor offenses, state prosecutors will often seek maximum punishments for alleged offenders that violate the employment harmful to children statute.

If you have been charged with this offense, seek the help of a skilled defense attorney for legal representation. Employment harmful to children is a felony that can be punishable by several years in prison and enormous fines. Your freedom is at stake so contact The Benken Law Firm today.

Texas Employment Harmful to Children Attorney

Are you under investigation for alleged employment harmful to children? If so, it is in your best interest to retain legal counsel immediately. Houston defense lawyer Brian Benken at The Benken Law Firm is passionate about criminal defense and well-versed in all Texas’ sex crime laws. He can file motions, suppress evidence, and uncover all your legal options.

The Benken Law Firm accepts clients throughout all communities in Harris County and surrounding counties in Texas. Schedule your first consultation for free by calling (713) 223 - 4051 today.


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Employment Harmful to Children in Texas

As stated previously, Texas law prohibits the employment of a child in a sexually oriented business. Under Texas Penal Code 43.251, a person can be charged with employment harmful to children if he or she employs, authorizes, or induces a child to work in:

  • A sexually oriented commercial activity
  • Any place of business permitting, requesting, or requiring a child to work nude or topless

Violating this statute can result in a second-degree felony, punishable by a sentence of up to 20 years in prison and up to $10,000 in fines. If the minor involved is younger than 14 years of age at the time the alleged offense is committed, then the crime becomes a first-degree felony punishable by up to 99 years in prison and up to $10,000 in fines.


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Definitions Relating to Employment Harmful to Children in TX

Texas Penal Code § 43.251 defines several key terms relating to the crime of employment harmful to children. Definitions under this statute include:

  • Child is defined as a person under 21 years of age.
  • Massage establishment is defined under Texas Occupations Code ¬ß 455.001 as a place of business that advertises or offers massage therapy or other massage services.
  • Sexually oriented commercial activity is defined as a massage establishment such as a nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.
  • Nude is defined as a child who is entirely unclothed or clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.
  • Topless is defined as a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.

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Additional Resources

Texas Statutes: Employment Harmful to Children – Follow the link provided to view section 43.251 which constitutes the ‘Employment Harmful to Children’ statute. You can see penalties for the offense and other important information such as definitions for terms.

TWC: Child Labor Law – Click the link provided to view the official website for TWC (Texas Workforce Commission) which provides information regarding child labor laws in Texas. You can view specific information such as hours of employment for 14-to-15-year-olds, prohibited occupations and general exemptions.


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Houston Employment Harmful to Children Lawyer | Harris County, TX

If you or someone you know has been charged with employment harmful to children, it is important that you seek the counsel of a trusted defense lawyer. Brian Benken at The Benken Law Firm is a skilled sex crimes attorney that is passionate about defending his client’s rights. He is prepared to utilize his extensive knowledge and resources to help you obtain the best outcome possible.

The Benken Law Firm defends clients in Harris County and surrounding counties. Some of these communities include Houston, Tomball, Spring, Hunters Creek Village, River Oaks and many more. To schedule a time to speak with Brian Benken, call (713) 223 - 4051.


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(713) 223 - 4051
Benken Law