aggravated sexual assault texas

Aggravated Sexual Assault | Texas Sexual Assault Defense

Penal Code Section 22.021 sets out the definition of Aggravated Sexual Assault in Texas. Sexual Assault becomes aggravated under certain circumstances. Aggravated Sexual Assault is generally the penetration of the sexual organ, anus, mouth involving a child under the age of 14. Sexual Assault of a Child is also “aggravated” if a deadly weapon is used or serious bodily injury is threatened. This is a First Degree offense, with a punishment range of 5 years to 99 years in prison or life. The offense is “super aggravated” or carries a punishment range of 25 years to 99 years or life if the victim was under the age of six. Penal Code 22.021.

In Detail:

Texas Penal Code Section 22.021 defines Aggravated Sexual Assault in Texas. Simply put, a sexual assault becomes aggravated if

  1. The accused caused serious bodily injury or death;
  2. Threatening human trafficking, death, serious bodily injury, or kidnapping;
  3. The accused uses or exhibits a deadly weapon;
  4. The accused uses a date rape drug;
  5. The victim is younger than 14; or
  6. The victim is elderly;
  7. The victim is disabled.

Punishment for Aggravated Sexual Assault

The punishment range for Aggravated Sexual Assault is 5 years to 99 years or life in prison and up to a $10,000 fine.

Super Aggravated Sexual Assault

  • If the victim is under the age of 6, the offense is considered a Super Aggravated Sexual Assault.
  • The offense is also Super Aggravated Sexual Assault If the victim is under the age of 14 and
    • The accused caused serious bodily injury or death;
    • Threatening human trafficking, death, serious bodily injury, or kidnapping;
    • The accused uses or exhibits a deadly weapon;
    • The accused uses a date rape drug;

Punishment for Super Aggravated Sexual Assault

The punishment for Super Aggravated Sexual Assault is 25 years to 99 years or life in prison.

Deferred adjudication is prohibited for Aggravated Sexual Assault and Super Aggravated Sexual Assault.

A person who is convicted of Aggravated Sexual Assault will have to register as a sex offender.

Pursuant to Texas Government Code Section 508.145(a), a person sentenced for a Super Aggravated Sexual assault is not eligible for parole. Depending on the facts alleged, a person may be ineligible for parole for Aggravated Sexual Assault.

What our clients say:

By: James

Title: Sexual Assault Dismissed

My name is James, and I was recently falsely accused of aggravated sexual assault to a child. Due to the seriousness of these horrendous accusations, I poured much time and effort into researching local law firms for my defense. In doing so, this process lead me to Varghese and Summmersett, specifically, Leticia Martinez and Christy Jack. After speaking with both ladies in a short interview, there was no doubt in my mind that they were the ones I would choose.

Having no experience whatsoever in such serious legal matters, I was completely and utterly ignorant to this process. Not only did both Christy and Letty provide exemplary legal counsel, but they also had a very personable and compassionate side. Their attention to detail while putting together my defense was unlike anything I have ever experienced. Christy and Letty’s work ethic went above and beyond the norm while providing countless hours, which included, nights, weekends, and 4 am mornings.

Ultimately, their efforts resulted in the successful dismissal of these serious false accusations. This exoneration gave me my life back, and I will be forever grateful to these two intelligent women.

Rating:★★★★★ 5 / 5 stars
Aggravated Sexual Assault

(a)  A person commits an offense:

(1)  if the person:

(A)  intentionally or knowingly:

(i)  causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(ii)  causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(iii)  causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B)  intentionally or knowingly:

(i)  causes the penetration of the anus or sexual organ of a child by any means;

(ii)  causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii)  causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv)  causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v)  causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2)  if:

(A)  the person:

(i)  causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii)  by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii)  by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv)  uses or exhibits a deadly weapon in the course of the same criminal episode;

(v)  acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi)  administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B)  the victim is younger than 14 years of age; or

(C)  the victim is an elderly individual or a disabled individual.

(b)  In this section:

(1)  “Child” has the meaning assigned by Section 22.011(c).

(2)  “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).

(c)  An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).

(d)  The defense provided by Section 22.011(d) applies to this section.

(e)  An offense under this section is a felony of the first degree.

(f)  The minimum term of imprisonment for an offense under this section is increased to 25 years if:

(1)  the victim of the offense is younger than six years of age at the time the offense is committed; or

(2)  the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

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