Sexual Assault of a Child | Texas Penal Code Sections Sections 21, 22, 33, 43 et al.

Sexual assault of a child in Texas is a second-degree felony punishable by 2 to 20 years in prison, up to a $10,000 in fines, and mandatory lifetime sex offender registration. Under Texas Penal Code § 22.011, any sexual contact with a person under 17 is a crime, regardless of whether the minor appeared willing. A conviction will follow you for life, affecting where you can live, work, and whether you can see your own children.

If you or someone you love is facing accusations of sexual assault of a minor, the time to act is now. An experienced defense attorney can investigate the allegations, challenge the evidence, and work toward the best possible outcome. Varghese Summersett has secured dismissals, no-bills, and acquittals in sexual assault cases throughout Texas. Call (817) 203-2220 for a free consultation.

What is Sexual Assault of a Child in Texas?

Sexual assault of a child occurs when a person engages in sexual contact with someone under 17 years old. Texas law defines “sexual contact” broadly under Penal Code § 22.011. The offense can occur through:

• Penetration of the child’s mouth, anus, or sexual organ
• Causing the child’s sexual organ to contact the defendant’s mouth, anus, or sexual organ
• Causing the child’s mouth to contact the defendant’s anus or sexual organ
• Causing the child’s anus to contact the defendant’s mouth, anus, or sexual organ

Consent is not a defense. Texas law holds that a child under 17 cannot legally consent to sexual activity. Even if the minor initiated the contact or claimed to be older, you can still be charged and convicted.

What is Statutory Rape in Texas?

Sexual assault of a child under 17 is commonly called “statutory rape.” The term reflects that the crime exists by statute, meaning the act is illegal regardless of whether force was used or consent was given. In Texas, a person under 17 is legally incapable of consenting to sexual activity. This means even a “willing” participant cannot provide valid consent under the law.

Some states have “Romeo and Juliet” laws that create exceptions for teens close in age. Texas does have a limited defense for defendants no more than three years older than the victim, but this defense only applies to certain charges and circumstances.

What Are the Penalties for Sexual Assault of a Child?

Sexual assault of a child under 17 is a second-degree felony in Texas. The punishment range includes 2 to 20 years in prison, fines up to $10,000, and mandatory lifetime sex offender registration.

Certain circumstances elevate the charge. If the defendant is prohibited from marrying the victim (such as in cases involving family members), the charge becomes a first-degree felony. First-degree felonies carry 5 to 99 years or life in prison.

Probation is extremely difficult to obtain. Under Texas Code of Criminal Procedure Article 42A, a judge cannot grant probation for sexual assault of a child. Only a jury can recommend probation, and only if the sentence is 10 years or less. Juries that convict rarely recommend such leniency.

Deferred adjudication is not available. This means even a “best case” plea results in a conviction on your permanent record.

Child Sexual Offenses in Texas

Offense	Statute	Lowest Level	Highest Level	Sex Offender Registration?
Sexual Assault of a Minor	Tex. Penal Code § 22.011	2nd-Degree Felony	1st-Degree Felony	Yes
Aggravated Sexual Assault	Tex. Penal Code § 22.021	1st-Degree Felony (5-99 years)	1st-Degree Enhanced (25 years minimum)	Yes
Continuous Sexual Abuse of a Child	Tex. Penal Code § 21.02	1st-Degree Felony (25-99 years)	Same (no parole)	Yes (Lifetime)
Indecency with a Child	Tex. Penal Code § 21.11	3rd-Degree Felony (Exposure)	2nd-Degree Felony (Contact)	Yes
Online Solicitation of a Minor	Tex. Penal Code § 33.021	3rd-Degree Felony	2nd-Degree Felony	Yes
Sexual Performance of a Child	Tex. Penal Code § 43.25	2nd-Degree Felony	1st-Degree Felony	Yes
Possession of Child Pornography	Tex. Penal Code § 43.26(a)	3rd-Degree Felony	1st-Degree Felony	Yes
Promotion of Child Pornography	Tex. Penal Code § 43.26(e)	2nd-Degree Felony	1st-Degree Felony	Yes
Improper Educator-Student Relationship	Tex. Penal Code § 21.12	2nd-Degree Felony	2nd-Degree Felony	No
Trafficking of a Minor for Sexual Conduct	Tex. Penal Code § 20A.02	1st-Degree Felony	1st-Degree Felony (25-99 years)	Yes
Compelling Prostitution of a Minor	Tex. Penal Code § 43.05	1st-Degree Felony	1st-Degree Felony	Yes
Prohibited Sexual Conduct (Incest)	Tex. Penal Code § 25.02	2nd-Degree Felony	1st-Degree Felony	Yes

What is the Difference Between Sexual Assault and Aggravated Sexual Assault?

Aggravated sexual assault involves additional factors that increase the severity of the charge. The offense becomes aggravated when the victim is under 14, the defendant used or displayed a deadly weapon, the defendant threatened death or serious bodily injury, the defendant used a date rape drug, or the defendant caused serious bodily injury.

Aggravated sexual assault is a first-degree felony with a punishment range of 5 to 99 years or life in prison. If the victim is under 6, the minimum sentence increases to 25 years, and the defendant is ineligible for parole.

What is “Super Aggravated” Sexual Assault?

Prosecutors use the term “super aggravated” sexual assault when the victim is under 6 years old. This is not a separate charge but describes the enhanced punishment that applies under Texas Penal Code § 22.021. The minimum sentence is 25 years to life in prison, and the defendant cannot receive parole. This is the same punishment range that applies to continuous sexual abuse of a child.

Is There a Statute of Limitations for Sexual Assault of a Minor?

There is no statute of limitations for sexual assault of a child in Texas. This means charges can be filed at any time, even decades after the alleged offense. However, this was not always the case. Texas previously imposed a 10-year limitation, later extended to 10 years after the victim’s 18th birthday, before eliminating the limitation entirely.

If the defense can prove the statute of limitations expired before the law changed (including any tolling periods), the case may be barred from prosecution. This requires careful legal analysis that goes beyond what can be addressed in a phone consultation.

Protect your future. Talk to a lawyer before you speak to police. Call (817) 203-2220 to schedule a free consultation.

What Happens During a Child Sexual Assault Investigation?

Investigations into child sexual assault follow a specific process. Understanding each stage can help you know what to expect and where weaknesses in the prosecution’s case may exist.

Outcry Witness Statement

An outcry witness is the first adult (other than the accused) to whom a child discloses alleged abuse. Texas law requires this person to testify at trial. The outcry statement is powerful because it often comes before the child has been influenced by investigators, counselors, or family members. However, the timing and circumstances of the outcry can also reveal inconsistencies or contamination in the child’s account.

Statement to Detective

Detectives trained in child abuse cases conduct formal interviews with the alleged victim. These interviews should use open-ended, non-leading questions. However, the quality varies significantly between investigators. A skilled defense attorney will scrutinize the detective’s technique, looking for leading questions, suggestive language, or failure to explore alternative explanations.

Forensic Interview

Forensic interviews typically occur at a Children’s Advocacy Center (CAC). A trained forensic interviewer uses a structured protocol designed to be legally sound and minimize trauma to the child. These interviews are recorded. Defense attorneys review these recordings carefully for signs of coaching, contamination, or inconsistencies with other statements. The interviewer’s adherence to proper protocol is often a key issue at trial.

Sexual Assault Nurse Examiner (SANE) Examination

A Sexual Assault Nurse Examiner is a registered nurse with specialized training in collecting forensic evidence from assault victims. The SANE documents injuries, collects DNA evidence, and records the child’s statements about what happened. Prosecutors value SANE statements because they may qualify as exceptions to the hearsay rule under Texas Rule of Evidence 803.

Statement Type	Purpose	Who Conducts	Setting
Outcry Witness	Initial disclosure of abuse	Trusted adult	Informal setting
Detective Interview	Gather details and assess credibility	Law enforcement	Police department
Forensic Interview	Obtain legally sound account	Trained forensic interviewer	Children’s Advocacy Center
SANE Examination	Medical treatment and evidence collection	Sexual Assault Nurse Examiner	Medical facility

Watch: What to Do If Falsely Accused of Sexual Assault

Why Do False Accusations Happen?

False accusations of child sexual assault are devastating. They can destroy families, careers, and reputations even when the accused is ultimately cleared. Understanding why false accusations occur is essential to building an effective defense.

Manipulation in Custody and Divorce Cases

Contentious child custody and divorce cases sometimes produce false allegations. One parent may coach a child to make accusations against the other parent to gain advantage in the legal battle. Children may not understand the consequences of their statements and may be influenced through repeated questioning, leading comments, or emotional pressure.

Children Lying to Avoid Consequences

Children sometimes make false accusations to deflect responsibility for their own behavior. A child caught misbehaving, viewing inappropriate material, or engaging in sexual activity with a peer may accuse an adult to avoid punishment. These accusations often unravel when the child’s story contains impossible details or contradicts physical evidence.

Mistaken Identity

In some cases, abuse did occur, but the child has identified the wrong person. This can happen when memories become confused over time, when a child is pressured to name someone, or when suggestive interviewing techniques contaminate the child’s recollection. The challenge with child sexual assault cases is that allegations often lack specific dates, making alibi defenses difficult to establish.

What Defenses Work in Child Sexual Assault Cases?

Every case is different, but effective defenses often focus on challenging the reliability of the evidence against you. Possible defense strategies include:

Insufficient evidence: The prosecution must prove guilt beyond a reasonable doubt. If the only evidence is a child’s uncorroborated statement, the defense can argue the evidence is insufficient for conviction.

Witness credibility: Children are suggestible. Defense attorneys examine forensic interviews for leading questions, inconsistencies between statements, and signs of coaching or contamination.

Improper investigation: Police and forensic interviewers must follow established protocols. Violations can provide grounds to challenge the reliability of evidence.

Alibi: While difficult because allegations often lack specific dates, alibi evidence showing the defendant could not have been present during the alleged offense period can be powerful.

Alternative explanations: In some cases, physical findings attributed to abuse have innocent medical explanations.

Don’t wait to build your defense. Contact Varghese Summersett at (817) 203-2220 for a free consultation.

How Varghese Summersett Defends Child Sexual Assault Cases

Varghese Summersett has decades of combined experience defending clients against sexual assault charges throughout Texas. Our team includes former prosecutors who have worked in Crimes Against Children Units. We know how these cases are built, and we know where to find weaknesses.

We have secured no-bills at the grand jury stage, dismissals after indictment, reductions to lesser charges, and acquittals at trial in child sexual assault cases. Our attorneys are experienced in analyzing forensic interviews, challenging SANE examinations, and exposing investigative failures.

Case Example: Our attorneys have obtained multiple no-bills in Sexual Assault of a Child Under 17 cases where the grand jury declined to indict after reviewing the evidence and defense investigation. We have also secured no-bills in Aggravated Sexual Assault cases and had sexual assault allegations rejected by prosecutors before charges were ever filed.

Past results do not guarantee future outcomes. Every case is unique and must be evaluated on its own facts.

Is Sex Offender Registration Required?

Yes. Any conviction for sexual assault of a child requires lifetime registration as a sex offender. This includes convictions resulting from plea agreements. There is no way to avoid registration through deferred adjudication because deferred adjudication is not available for this offense. Learn more about sex offender registration in Texas.

What Are Possible Outcomes in a Sexual Assault of a Child Case?

While every case is different, possible outcomes include:

• No-bill at the grand jury stage (charges never filed)
• Dismissal after indictment
• Reduction to a lesser charge that may avoid prison or registration
• Acquittal at trial
• Plea to a negotiated sentence

The worst outcome is waiting to hire an attorney. Early intervention allows your defense team to conduct an independent investigation, preserve evidence, and potentially influence the prosecutor’s decision before charges are filed.

Frequently Asked Questions About Sexual Assault of a Child in Texas

What is the punishment for sexual assault of a child in Texas?

Sexual assault of a child is a second-degree felony punishable by 2 to 20 years in prison, up to $10,000 in fines, and mandatory lifetime sex offender registration. Under certain circumstances, such as when the defendant is prohibited from marrying the victim, the charge becomes a first-degree felony with 5 to 99 years or life in prison.

Can I get probation for sexual assault of a child?

A judge cannot grant probation for sexual assault of a child. Only a jury can recommend probation, and only if the sentence is 10 years or less. Deferred adjudication is not available for this offense.

Is there a statute of limitations for child sexual assault in Texas?

No. Texas has no statute of limitations for sexual assault of a child. Charges can be filed at any time, regardless of how long ago the alleged offense occurred.

What should I do if I’m falsely accused of child sexual assault?

Do not speak to police without an attorney present. Do not contact the alleged victim or their family. Contact an experienced criminal defense attorney immediately. Early legal intervention can make a significant difference in the outcome of your case.

What is the difference between sexual assault and aggravated sexual assault?

Aggravated sexual assault involves additional factors such as the victim being under 14, use of a deadly weapon, threats of death or serious injury, use of drugs to incapacitate the victim, or causing serious bodily injury. Aggravated sexual assault is a first-degree felony with harsher penalties.

Contact a Texas Child Sexual Assault Defense Attorney

An accusation of sexual assault of a child is life-changing. Your freedom, your reputation, your career, and your family relationships are all at stake. You need attorneys who have defended these cases successfully and know how to fight for you.

Varghese Summersett has a team of more than 70 legal professionals, including former prosecutors with experience in Crimes Against Children Units. We have four offices across Texas and have helped clients throughout the state fight back against false accusations and secure the best possible outcomes.

Call (817) 203-2220 today for a free, confidential consultation. The sooner you act, the more options you have.