Kent Starr is a criminal defense attorney in McKinney, Texas. He has practiced criminal defense in Collin County since 1997 and takes every consultation himself. The consultation is free and confidential: (214) 982-1408.
A Collin County jury convicted Leslie Price, 41, of Princeton, of prohibited sexual conduct with a relative, and he was sentenced to life in prison. Collin County Criminal District Attorney Greg Willis called it “the ultimate betrayal” and said the verdict “delivers justice for a young victim who showed tremendous courage.”
According to the report from FOX 4, the case began on September 10, 2024, when Amarillo police took a delayed report of sexual assault involving a 17-year-old relative. The victim was about three months pregnant at the time. Investigators seized two of Price’s cellphones and found searches asking whether a 17-year-old could become pregnant, how to obtain an abortion, and what the age of consent is in Texas. DNA testing later confirmed Price was the biological father of the victim’s child.
Cases like this one move fast once a report is made, and the charge itself is one most people have never heard of until it lands on someone in their family. If that has happened to you or someone close to you in Collin County, my sex crimes defense page explains how I approach these cases, and the rest of this article explains the law.
What counts as prohibited sexual conduct under Texas law
Prohibited sexual conduct is defined by Texas Penal Code Section 25.02. A person commits the offense by engaging in sexual intercourse or deviate sexual intercourse with someone the person knows to be:
- their ancestor or descendant, by blood or adoption
- their current or former stepchild or stepparent
- their parent’s brother or sister, meaning an aunt or uncle by blood
- their brother or sister, by whole blood, half blood, or adoption
- their niece or nephew, by whole blood, half blood, or adoption
- their first cousin, meaning the son or daughter of an aunt or uncle
Two things about that list surprise people. First, it reaches beyond blood relatives. A former stepparent or former stepchild is still covered years after the marriage that created the relationship has ended. Second, it applies no matter how old the people involved are. This is not a statute about protecting children from adults. It criminalizes the conduct itself, between the listed relatives, at any age.
That is also why consent is not a defense here. Other Texas sex offenses turn on whether the other person consented or was old enough to consent. Section 25.02 does not. If the State proves the sexual conduct and the family relationship, the fact that both people were willing adults does not undo the crime.
The penalties: third-degree felony, second-degree for a parent or child
The offense level depends on the relationship. Under Section 25.02(c), prohibited sexual conduct is a felony of the third degree, which carries two to ten years in prison and a fine of up to $10,000. When the conduct is with the accused person’s ancestor or descendant, a parent, grandparent, child, or grandchild, it rises to a felony of the second degree, which carries two to twenty years and the same fine.
| Relationship alleged | Offense level | Punishment range |
|---|---|---|
| Stepchild, stepparent, sibling, aunt, uncle, niece, nephew, first cousin | Third-degree felony | 2 to 10 years, fine up to $10,000 |
| Ancestor or descendant | Second-degree felony | 2 to 20 years, fine up to $10,000 |
How a two-to-twenty case becomes a life sentence
Look at that table and an obvious question follows. If the worst version of this offense tops out at twenty years, how did a Collin County case end in a life sentence?
The answer is criminal history. Texas Penal Code Section 12.42 raises the punishment range for repeat and habitual felony offenders. One prior final felony conviction moves a second-degree felony into the first-degree range, five to ninety-nine years or life. Two qualifying prior felony convictions in the required sequence can push the range to twenty-five years to life.
The FOX 4 report does not walk through the enhancement paragraphs the State used against Price. It does say prosecutors introduced his prior convictions for assault family violence and engaging in organized criminal activity during the punishment phase. A life sentence in a prohibited sexual conduct case strongly suggests the punishment range was enhanced, because the base second-degree range stops at twenty years, and priors like those are exactly how enhancement happens. I wrote about how prior bad acts come into Texas sex crime cases if you want the longer version.
For a person charged under Section 25.02, the range on the indictment is only the first question. Enhancement notices, prior judgments, and punishment evidence need to be reviewed just as early as the facts of the charge, because they can turn a survivable range into a catastrophic one.
A conviction means lifetime sex offender registration
For an adult conviction, prohibited sexual conduct is a reportable conviction under Chapter 62 of the Texas Code of Criminal Procedure, and Article 62.101 places it in the category whose duty to register lasts for life. That follows a person after any prison sentence is over: public listing on the registry, verification requirements with local law enforcement, and real limits on where you can live and work. I have written about what life on the Texas registry actually looks like.
Where the defense fights in a case like this
Every case turns on its own facts, and nothing in a news story tells you what the right strategy would have been. But in prohibited sexual conduct cases generally, the fights tend to happen in a few places.
The relationship and what the accused knew. The State has to prove the relationship falls within the statute’s list, and that the accused knew of it. Family trees are messier than statutes. Step-relationships, adoptions, and informal family arrangements do not always fit the statutory definitions the way an indictment assumes they do.
The forensic evidence. DNA results feel unanswerable, but they still depend on people. How samples were collected, who handled them, and whether the lab’s work stands up to scrutiny are all fair targets. So are the cellphone searches. Phones cannot be searched on a hunch, and evidence pulled from a seized device rises or falls with the warrant behind it.
Your own statements. Investigators in family cases count on people talking, explaining, and apologizing before a lawyer is involved. Anything you say to police, to CPS, or to family members who are talking to police can end up in trial. The single most valuable thing you can do early is stay quiet and get counsel.
The punishment case. As Price’s case shows, the punishment phase can matter more than the guilt phase. Contesting enhancement allegations and presenting mitigation is its own fight, and it is one worth preparing for from day one, not after a verdict.
Talk to a Collin County defense lawyer before you talk to anyone else
I have worked as a criminal defense attorney in McKinney since 1997, and serious sex offense cases are a regular part of that work. I prepare every case as if it will be tried, because the cases that are ready for trial are the ones where every option stays open.
If you are under investigation for prohibited sexual conduct or any sex offense, do not give a statement, and do not wait for an arrest to get help. Call Starr Law, P.C. at (214) 982-1408 for a free, confidential telephone consultation, or reach me through the contact page.
Frequently asked questions
- What is prohibited sexual conduct in Texas?
- Texas Penal Code Section 25.02 makes it a felony to engage in sexual intercourse or deviate sexual intercourse with certain relatives: an ancestor or descendant by blood or adoption, a current or former stepchild or stepparent, an aunt or uncle by blood, a sibling by blood or adoption, a niece or nephew, or a first cousin. The statute applies regardless of the ages involved.
- Is prohibited sexual conduct a felony?
- Yes. It is a third-degree felony in most cases, carrying two to ten years in prison and a fine of up to $10,000. When the relative is the accused's ancestor or descendant, it becomes a second-degree felony, carrying two to twenty years. Prior felony convictions can enhance the punishment range under Penal Code Section 12.42, up to twenty-five years to life for a habitual offender.
- Does a conviction for prohibited sexual conduct require sex offender registration?
- Yes. Prohibited sexual conduct is a reportable conviction under Chapter 62 of the Texas Code of Criminal Procedure, and Article 62.101 puts it in the category that carries lifetime registration.
- Does the age of consent matter in a prohibited sexual conduct case?
- No. Texas law generally treats 17 as the age of consent, but Section 25.02 is not about age. It criminalizes sexual conduct between the listed family members even when both people are adults, so consent and age are not defenses to this charge.