Sexual Assault in Texas: A Comprehensive Guide
We have put together the most comprehensive guide on sexual assault in Texas. Allegations can come anytime as most of these offenses have no statute of limitations. We have successfully defended every level of sexual allegation, including “super aggravated” sexual offenses where the minimum punishment begins at 25 years in prison (no probation or parole). Our track record speaks volumes about our expertise and dedication to protecting our client’s rights and futures.
At Varghese Summersett, we pride ourselves on having multiple Board Certified Criminal Law Specialists on our team. This prestigious designation, awarded by the Texas Board of Legal Specialization, is the highest certification a criminal lawyer can achieve, demonstrating our commitment to excellence and in-depth knowledge of criminal law.
In this comprehensive guide, we’ll walk you through the various sexual offenses in Texas, providing crucial information to help you understand the charges, potential consequences, and how our experienced team can assist in your defense.
Sexual offenses in Texas are serious crimes with severe penalties. This guide covers the various sexual crimes, their definitions, punishment ranges, and registration requirements.
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Sexual Assault
Aggravated Sexual Assault
Continuous Sexual Abuse of a Young Child or Children
Indecency with a Child
Sexual Performance by a Child
Online Solicitation of a Minor
Improper Relationship Between Educator and Student
Indecent Assault
Prohibited Sexual Conduct
Invasive Visual Recording
Possession or Promotion of Child Pornography
Trafficking of Persons
Compelling Prostitution
Sexual Coercion
Sexual Assault
Definition: Non-consensual sexual penetration or contact. This includes:
- Penetration of the anus or sexual organ without consent
- Penetration of the mouth by a sexual organ without consent
- Causing the sexual organ of another to contact or penetrate the mouth, anus, or sexual organ of another person without consent
Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 10 years
Learn more about Sexual Assault
Aggravated Sexual Assault
Definition: This charge involves sexual assault plus aggravating factors such as:
- Causing serious bodily injury
- Attempting to cause death
- Using or exhibiting a deadly weapon
- Administering drugs to facilitate the offense
- Assaulting a victim under 14 years old
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Aggravated Sexual Assault
Continuous Sexual Abuse of a Young Child or Children
Definition: Committing two or more acts of sexual abuse against a child under 14 over a period of 30 days or more
Punishment: First-degree felony, 25-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Continuous Sexual Abuse of a Young Child or Children
Indecency with a Child
Definition: Sexual contact with a child under 17 or exposure of genitals to a child with intent to arouse or gratify sexual desire
Punishment:
- By contact: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
- By exposure: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Indecency with a Child
Sexual Performance by a Child
Definition: Employing, authorizing, or inducing a child under 18 to engage in sexual conduct or a sexual performance
Punishment:
- Second-degree felony if child is 14-17
- First-degree felony if child is under 14
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Sexual Performance by a Child
Online Solicitation of a Minor
Definition: Using the internet to communicate in a sexually explicit manner with a minor or to solicit a meeting with a minor for sexual purposes
Punishment:
- Third-degree felony if child is 14-16
- Second-degree felony if child is under 14
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Online Solicitation of a Minor
Improper Relationship Between Educator and Student
Definition: Sexual contact between an educator and a student in the same school district
Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Improper Relationship Between Educator and Student
Indecent Assault
Definition: Non-consensual touching of intimate parts or causing contact with bodily fluids for sexual gratification
Punishment: Class A misdemeanor, up to 1 year in jail and up to a $4,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 2 years
Learn more about Indecent Assault
Prohibited Sexual Conduct
Definition: Sexual intercourse or deviate sexual intercourse with a close family member
Punishment: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Prohibited Sexual Conduct
Invasive Visual Recording
Definition: Recording or broadcasting an intimate area of another person without their consent
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Invasive Visual Recording
Possession or Promotion of Child Pornography
Definition: Possessing or promoting visual material depicting a child under 18 engaging in sexual conduct
Punishment:
- Possession: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
- Promotion: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Possession or Promotion of Child Pornography
Trafficking of Persons
Definition: Trafficking a person for forced labor or sexual conduct
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender if the offense involves sexual conduct
Statute of Limitations: No statute of limitations
Learn more about Trafficking of Persons
Compelling Prostitution
Definition: Forcing someone into prostitution, with harsher penalties if the victim is under 18
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations if victim is under 18, otherwise 3 years
Learn more about Compelling Prostitution
Sexual Coercion
Definition: Threatening to reveal intimate visual material to coerce someone into sexual acts
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Sexual Coercion
| Offense | Definition | Punishment | Registration |
|---|---|---|---|
| Sexual Assault | Non-consensual sexual penetration or contact. | Second-degree felony, 2-20 years in prison, and up to a $10,000 fine. | Yes, lifetime registration as a sex offender. |
| Aggravated Sexual Assault | Sexual assault with aggravating factors. | First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. | Yes, lifetime registration as a sex offender. |
| Continuous Sexual Abuse of a Young Child | Two or more acts of sexual abuse against a child under 14 over 30+ days. | First-degree felony, 25-99 years or life in prison, and up to a $10,000 fine. | Yes, lifetime registration as a sex offender. |
| Indecency with a Child | Sexual contact or exposure of genitals to a child under 17. | Second-degree or third-degree felony, depending on the act. | Yes, lifetime registration as a sex offender. |
| Sexual Performance by a Child | Inducing a child under 18 to engage in sexual conduct or performance. | Second-degree or first-degree felony, depending on the child’s age. | Yes, lifetime registration as a sex offender. |
| Online Solicitation of a Minor | Using the internet to communicate sexually with or solicit a minor. | Third-degree or second-degree felony, depending on the minor’s age. | Yes, lifetime registration as a sex offender. |
| Improper Relationship Between Educator and Student | Sexual contact between an educator and a student in the same school district. | Second-degree felony, 2-20 years in prison, and up to a $10,000 fine. | Yes, lifetime registration as a sex offender. |
| Indecent Assault | Non-consensual touching of intimate parts or contact with bodily fluids. | Class A misdemeanor, up to 1 year in jail, and up to a $4,000 fine. | No, not a registerable offense. |
| Prohibited Sexual Conduct | Sexual intercourse with a close family member. | Third-degree felony, 2-10 years in prison, and up to a $10,000 fine. | Yes, lifetime registration as a sex offender. |
| Invasive Visual Recording | Recording or broadcasting an intimate area of another person without consent. | State jail felony, 180 days to 2 years in state jail, and up to a $10,000 fine. | No, not a registerable offense. |
| Possession or Promotion of Child Pornography | Possessing or promoting visual material of a child under 18 in sexual conduct. | Third-degree or second-degree felony, depending on the act. | Yes, lifetime registration as a sex offender. |
| Trafficking of Persons | Trafficking a person for forced labor or sexual conduct. | First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. | Yes, lifetime registration as a sex offender if involving sexual conduct. |
| Compelling Prostitution | Forcing someone into prostitution, with harsher penalties if under 18. | First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. | Yes, lifetime registration as a sex offender. |
| Sexual Coercion | Threatening to reveal intimate visual material to coerce sexual acts. | State jail felony, 180 days to 2 years in state jail, and up to a $10,000 fine. | No, not a registerable offense. |
Sexual offense charges in Texas are extremely serious and can have life-altering consequences. The complexities of these cases require the expertise of seasoned attorneys who understand the nuances of Texas law and have a proven track record of success.
At Varghese Summersett, we bring decades of experience, Board Certified expertise, and a relentless approach to defending our clients against sexual offense allegations. Our team of former prosecutors turned defense attorneys knows how to navigate the legal system, challenge evidence, and fight for the best possible outcome in your case.
Don’t let a sexual offense charge derail your life. The stakes are too high to face these allegations alone or with inexperienced counsel. Take the first step towards protecting your rights and your future.
Call us today at 817-203-2220 for a confidential consultation. Our team of expert criminal defense attorneys is standing by to provide the aggressive, strategic defense you need. Don’t wait – the sooner you involve experienced legal counsel, the better your chances of a favorable outcome. Your future is on the line – make the call now.
