Between 1989 and 1992, the number of sexual assaults reported to the Department of Public Safety increased by about 19 percent and the per-capita rate of sexual assaults increased by 14 percent. From 1993 to 1995, however, the number of sexual assaults and the per-capita rate both decreased by 17 percent. While many factors may have contributed to this decline, the CJPC report states that longer prison sentences can reduce the number of repeat sex offenses by reducing the number of sex offenders released. The Penal Code provides for enhanced penalties for repeat and habitual felony offenders. The 1997 Legislature eliminated the need for a third felony conviction in certain assault cases including sexual assault.
Most sex offenders abuse many victims before they are caught.
Most sex crimes, particularly those against children, are now felonies and therefore count toward penalty enhancement. Indecent exposure, however, is a Class B misdemeanor. The Code of Criminal Procedure allows a judge or jury to suspend the prison sentence of someone who is convicted of a crime and to place the offender on community supervision instead. A judge also may place someone on community supervision without a conviction. A judge may impose the same conditions on a person granted deferred adjudication as on someone who is convicted and placed on community supervision.