Sexual Assault Charges and Defenses in Texas

A sex crime accusation in Texas can destroy everything you’ve built: your career, your family, your freedom, and your reputation. Whether you’re facing allegations of sexual assault, indecency with a child, online solicitation, or any other sexual offense, understanding exactly what you’re up against is the first critical step toward protecting your future.

Texas law recognizes more than 25 distinct sex-related criminal offenses. Each has specific elements the prosecution must prove, different penalty ranges, and unique defense strategies. This comprehensive guide explains every sexual assault in Texas under the Penal Code in complete detail, including what prosecutors must prove, the exact penalties you face, typical bond amounts in Tarrant County, and how experienced defense attorneys fight these charges.

If you’ve been accused of any sexual offense in Texas, do not speak to police, investigators, or anyone else without legal representation. Sex crime investigations are often built on your own statements. Everything you say can and will be used against you. Call (817) 203-2220 immediately for a free, confidential consultation with an experienced sex crimes defense attorney.

How Texas Classifies Sex Offenses

Before examining each offense in detail, it’s important to understand how Texas classifies and punishes sex crimes. The severity of punishment depends on the classification:

Classification	Incarceration Range	Maximum Fine
Capital Felony	Death or Life Without Parole	N/A
First Degree Felony	5 to 99 years or life in prison	$10,000
Second Degree Felony	2 to 20 years in prison	$10,000
Third Degree Felony	2 to 10 years in prison	$10,000
State Jail Felony	180 days to 2 years in state jail	$10,000
Class A Misdemeanor	Up to 1 year in county jail	$4,000
Class B Misdemeanor	Up to 180 days in county jail	$2,000
Class C Misdemeanor	No jail time	$500

Many sex offenses also carry mandatory sex offender registration, which can last 10 years, 25 years, or a lifetime depending on the offense. Registration requirements affect where you can live, work, and travel, and failure to comply is itself a felony.

Sexual Assault Offenses Against Adults

Texas law defines several distinct offenses involving sexual conduct with adults. The primary distinction between these offenses relates to the nature of the conduct, whether force was used, and whether aggravating factors are present.

Sexual Assault (Texas Penal Code § 22.011)

Texas Penal Code § 22.011 defines sexual assault as the penetration of another person’s sexual organ or anus without consent, or the penetration of another person’s mouth with a sexual organ without consent. This offense encompasses what other states may call “rape.”

Elements the Prosecution Must Prove

To secure a conviction for sexual assault, the prosecution must prove beyond a reasonable doubt that:

1. The defendant intentionally or knowingly caused penetration of the anus or sexual organ of another person, OR caused the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person (including the defendant), OR caused the mouth of the defendant to contact the anus or sexual organ of another person
2. The act was committed without that person’s consent

Understanding Consent Under Texas Law

Texas law specifies that consent is absent when:

• The defendant compelled the victim to submit or participate by the use or threat of physical force, violence, or coercion that would overcome the resistance of a reasonable person
• The defendant knew the victim was unconscious or physically unable to resist
• The defendant knew the victim could not appraise the nature of the act because the victim was mentally incapacitated (including through intoxication) or had a mental disease or defect that rendered the victim incapable of appraising the nature of the act
• The victim had not consented and the defendant knew the victim was unaware that the sexual assault was occurring
• The defendant intentionally impaired the victim’s ability to appraise or control conduct by administering a substance without the victim’s knowledge (date rape drugs)
• The defendant induced consent through deception about the actor’s identity

Texas law also recognizes that consent cannot exist when the defendant holds a position of authority over the victim, such as:

• A clergyman exploiting a victim’s emotional dependency
• A mental health services provider treating the victim
• A health care services provider during an examination or treatment
• An employee of a facility where the victim is a resident
• A person who is an employee of a correctional facility and the victim is in custody

Penalties for Sexual Assault

Sexual assault is a second degree felony punishable by:

• 2 to 20 years in the Texas Department of Criminal Justice (prison)
• A fine of up to $10,000
• Mandatory sex offender registration

Sexual assault is elevated to a first degree felony (5 to 99 years or life) if:

• The defendant caused serious bodily injury or attempted to cause death
• The defendant placed the victim in fear of death, serious bodily injury, or kidnapping
• The defendant used or exhibited a deadly weapon
• The defendant acted with another person who committed or assisted in committing the offense
• The victim was a person the defendant was prohibited from marrying under the bigamy statute
• The defendant was a public servant who coerced the victim to submit

Tarrant County Bond Data

Based on our analysis of over 52,000 bonds set in Tarrant County in 2025:

• Sexual assault of an adult: Typical bond is $50,000; average bond is $48,600
• Sexual assault of a child: Typical bond is $50,000; average bond is $73,300

Case Examples

Our attorneys have achieved significant results in sexual assault cases:

• Sexual Assault (April 2025): A sexual assault charge was presented to the prosecutor for review. Our attorney’s case presentation and legal argument resulted in the prosecutor rejecting the case. No charges were filed.
• Sexual Assault; Burglary of Habitation (August 2025): Our client faced both sexual assault and burglary charges. The sexual assault charge was dismissed entirely, and the burglary was reduced to a misdemeanor criminal trespass with 18 months deferred adjudication, resulting in no conviction.

Need immediate legal help? Call (817) 203-2220 for a free consultation.

Aggravated Sexual Assault (Texas Penal Code § 22.021)

Texas Penal Code § 22.021 defines aggravated sexual assault as sexual assault committed under certain aggravating circumstances. This is one of the most seriously punished offenses in Texas.

Elements the Prosecution Must Prove

The prosecution must prove all elements of sexual assault (as described above), PLUS at least one of the following aggravating factors:

Factors relating to the conduct:

• The defendant caused serious bodily injury to the victim or another person during or in furtherance of the offense
• The defendant attempted to cause the death of the victim or another person
• The defendant placed the victim in fear that death, serious bodily injury, or kidnapping would be imminently inflicted on any person
• The defendant used or exhibited a deadly weapon during the offense
• The defendant acted in concert with another person who committed or assisted in committing the offense
• The defendant administered or provided a substance to the victim with the intent of facilitating the offense (date rape drugs)

Factors relating to the victim:

• The victim was younger than 14 years of age
• The victim was an elderly individual (65 or older)
• The victim was a disabled individual

Penalties for Aggravated Sexual Assault

Aggravated sexual assault is a first degree felony punishable by:

• 5 to 99 years or life in prison
• A fine of up to $10,000
• Mandatory sex offender registration (typically lifetime)

The minimum sentence increases to 25 years (with no parole eligibility for at least 35 years served) if:

• The victim was younger than 6 years of age
• The victim was younger than 14 years of age and the defendant caused serious bodily injury or attempted to cause the death of the victim or another person during the offense

These enhanced punishments are sometimes called “super aggravated” sexual assault.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Aggravated sexual assault (adult victim): Typical bond is $50,000; average bond is $113,750
• Aggravated sexual assault of a child: Typical bond is $100,000; average bond is $111,065

Case Examples

• Aggravated Sexual Assault of Child (July 2025): Our attorneys secured a complete dismissal of an aggravated sexual assault of a child charge.
• Aggravated Sexual Assault of Child (Johnson County, July 2025): Charges were dismissed entirely.
• Super Aggravated and Aggravated Sexual Assault (August 2025): Facing charges that could have resulted in decades in prison, our defense team negotiated a reduction to reckless injury to a child with our client receiving only 1 day confinement.
• Aggravated Sexual Assault of a Child (Parker County, October 2025): A first-degree felony aggravated sexual assault of a child charge was reduced to criminally negligent injury to a child (state jail felony) with 5 years deferred adjudication and a $400 fine.
• Aggravated Sexual Assault of Child and Indecency by Contact (December 2025): All counts were waived and our client pleaded to indecent assault with 2 years deferred adjudication.

Indecent Assault (Texas Penal Code § 22.012)

Texas Penal Code § 22.012 was enacted in 2019 to address a gap in Texas law. Before this statute, unwanted sexual touching that did not involve penetration was often prosecuted as simple assault. Indecent assault creates a specific offense for non-consensual sexual touching.

Elements the Prosecution Must Prove

To convict someone of indecent assault, the prosecution must prove:

1. The defendant touched the anus, breast, or any part of the genitals of another person (including touching through clothing)
2. The touching was done without the other person’s consent
3. The defendant acted with the intent to arouse or gratify the sexual desire of any person

Alternatively, the defendant commits indecent assault by:

• Touching any part of another person (including through clothing) with the defendant’s anus, breast, or genitals without consent and with intent to arouse or gratify sexual desire
• Exposing or attempting to expose the other person’s genitals, pubic area, anus, buttocks, or female areola without consent and with intent to arouse or gratify sexual desire

Penalties for Indecent Assault

Indecent assault is a Class A misdemeanor punishable by:

• Up to 1 year in county jail
• A fine of up to $4,000

Unlike many sex offenses, indecent assault does not automatically require sex offender registration, though registration may be ordered in certain circumstances.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Indecent assault: Typical bond is $2,500; average bond is $2,480

Case Example

Indecent Assault (November 2025): Our attorneys negotiated an indecent assault charge down to assault by contact with only a $150 fine. The original charge could have resulted in up to a year in jail.

Sexual Offenses Against Children

Texas treats sexual offenses against children with extraordinary severity. These charges carry decades in prison, lifetime sex offender registration, and social consequences that never fully disappear. Understanding the precise elements of each offense is critical for mounting an effective defense.

Continuous Sexual Abuse of Young Child or Disabled Individual (Texas Penal Code § 21.02)

Texas Penal Code § 21.02 addresses situations where a child has been sexually abused multiple times over an extended period. The legislature created this offense to address cases where child victims cannot specify exact dates or circumstances for each incident of abuse.

Elements the Prosecution Must Prove

To secure a conviction, the prosecution must prove:

1. The defendant committed two or more acts of sexual abuse against a child younger than 14 years of age (or a disabled individual)
2. The acts occurred during a period that is 30 or more days in duration

The “acts of sexual abuse” that qualify under this statute include:

• Aggravated kidnapping with intent to violate or abuse the victim sexually
• Indecency with a child (either by contact or exposure)
• Sexual assault
• Aggravated sexual assault
• Burglary of a habitation with intent to commit any of the above offenses
• Sexual performance by a child

Importantly, the members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed or the exact dates when they were committed. They only need to agree that the defendant committed two or more qualifying acts during a period of 30 or more days.

Penalties for Continuous Sexual Abuse of a Child

This is a first degree felony with enhanced punishment:

• Minimum sentence of 25 years in prison
• Maximum sentence of 99 years or life in prison
• Fine of up to $10,000
• No parole eligibility until at least 35 years have been served
• Mandatory lifetime sex offender registration

This offense cannot be plea-bargained to a lesser offense without the prosecutor’s consent, and the defendant is not eligible for deferred adjudication or community supervision.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Continuous sexual abuse of a child: Typical bond is $50,000; average bond is $142,500

Case Example

Continuous Sexual Abuse of Child (11 Counts) (Tarrant County, July 2025): Our client faced eleven counts of continuous sexual abuse of a child, charges that could have resulted in multiple life sentences. Through strategic plea negotiations, our defense team achieved a result where 10 counts were waived entirely, and our client pleaded to one count of indecency by exposure. The outcome was 5 years deferred adjudication plus a $500 fine rather than the decades in prison our client originally faced.

We have received numerous acquittals to Continuous Sexual Assault of a Child by juries in Texas.

Fighting serious sex crime charges? Talk to a lawyer now. Call (817) 203-2220.

Indecency with a Child (Texas Penal Code § 21.11)

Texas Penal Code § 21.11 criminalizes two distinct forms of indecency with a child: indecency by sexual contact and indecency by exposure. Each has different elements and different punishment ranges.

Indecency with a Child by Sexual Contact

Elements the Prosecution Must Prove:

1. The defendant engaged in sexual contact with a child younger than 17 years of age, OR caused the child to engage in sexual contact
2. The defendant acted with the intent to arouse or gratify the sexual desire of any person

“Sexual contact” is defined broadly to include:

• Any touching by a person of the anus, breast, or any part of the genitals of a child
• Any touching of any part of the body of a child (including through clothing) with the anus, breast, or any part of the genitals of a person

Note that sexual contact can occur through clothing. Unlike sexual assault, penetration is not required.

Penalties: Indecency by contact is a second degree felony punishable by 2 to 20 years in prison and mandatory sex offender registration.

Indecency with a Child by Exposure

Elements the Prosecution Must Prove:

1. The defendant exposed the defendant’s anus or any part of the defendant’s genitals
2. The defendant knew that a child younger than 17 years of age was present
3. The defendant acted with the intent to arouse or gratify the sexual desire of any person

This offense can also be committed by causing a child to expose the child’s anus or any part of the child’s genitals.

Penalties: Indecency by exposure is a third degree felony punishable by 2 to 10 years in prison and mandatory sex offender registration.

Affirmative Defense

Texas law provides an affirmative defense to indecency with a child if:

• The defendant was not more than 3 years older than the child, AND
• The child was at least 14 years of age, AND
• The defendant did not use duress, force, or a threat against the child

This is sometimes called the “Romeo and Juliet” defense and is designed to prevent prosecution of teenage relationships where the parties are close in age.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Indecency with a child by sexual contact: Typical bond is $30,000; average bond is $86,263
• Indecency with a child by exposure: Typical bond is $50,000; average bond is $74,128

Case Examples

• Indecency with a Child (July 2025): Our attorneys negotiated an indecency with a child charge down to indecent assault, dramatically reducing our client’s exposure and potential consequences.
• Indecency with a Child (Tarrant County, August 2025): A Tarrant County grand jury no-billed (declined to indict) our client after our presentation demonstrated the allegations were unfounded.
• Indecency with a Child (2 counts) (September 2025): Two counts of indecency with a child were dismissed entirely. Our attorney argued the case should never have been indicted.
• Indecency with Child by Contact (October 2025): Our client was enrolled in the Project SAFeR diversion program with records sealing scheduled upon completion.

Sexual Assault of a Child

When sexual assault under Texas Penal Code § 22.011 is committed against a child younger than 17 years of age, specific provisions and penalties apply. The law recognizes that children cannot legally consent to sexual activity with adults.

Key Legal Principles

For sexual assault of a child:

• The consent of the minor is NOT a defense
• Whether the child initiated or agreed to the conduct is irrelevant
• The offense is complete upon penetration regardless of the child’s apparent willingness

Affirmative Defense

An affirmative defense exists if:

• The defendant was not more than 3 years older than the victim
• The victim was at least 14 years of age at the time of the offense
• The defendant did not use force, duress, or threats
• The defendant was not required to register as a sex offender before the offense
• The defendant had not previously been convicted of certain specified offenses

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Sexual assault of a child: Typical bond is $50,000; average bond is $73,265

Case Examples

• Sexual Assault of a Child (Tarrant County, August 2025): A grand jury no-billed our client after our legal team’s presentation of the case.
• Sexual Assault of a Child (Palo Pinto County, June 2025): Through plea negotiation, our client received 4 years deferred adjudication on one count rather than decades in prison.
• Sexual Assault Child; Indecency with a Child (2 counts); Improper Relationship w/Student (Hill County, August 2025): Our client faced multiple serious charges but received 4 years TDC rather than the decades originally possible.

Aggravated Sexual Assault of a Child

When aggravated sexual assault under Texas Penal Code § 22.021 is committed against a child younger than 14 years of age, the child’s age alone triggers the “aggravated” classification. No additional aggravating factor (like a weapon or serious bodily injury) is required.

Super Aggravated Sexual Assault

The punishment is further enhanced (minimum 25 years, no parole for 35 years) when:

• The victim was younger than 6 years of age
• The victim was younger than 14 years of age AND the defendant caused serious bodily injury to the victim
• The victim was younger than 14 years of age AND the defendant attempted to cause the death of the victim

These cases are among the most seriously punished in the Texas criminal justice system.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Aggravated sexual assault of a child: Typical bond is $100,000; average bond is $111,065

Public Decency Offenses

Texas law includes several offenses that address sexual conduct or exposure in public or quasi-public settings. While typically less serious than assault-based offenses, these charges still carry significant consequences including potential sex offender registration.

Public Lewdness (Texas Penal Code § 21.07)

Texas Penal Code § 21.07 criminalizes certain sexual conduct in public or where others might be present.

Elements the Prosecution Must Prove

A person commits public lewdness if the person knowingly engages in any of the following acts in a public place, or if not in a public place, recklessly disregards whether another person is present who will be offended or alarmed:

1. Sexual intercourse
2. Deviate sexual intercourse (oral or anal sex)
3. Sexual contact
4. Sexual conduct with an animal (bestiality)

“Public place” means any place to which the public or a substantial group of the public has access, including streets, highways, parks, and common areas of schools, hospitals, apartments, and office buildings.

Penalties for Public Lewdness

Public lewdness is a Class A misdemeanor punishable by:

• Up to 1 year in county jail
• A fine of up to $4,000
• Potential sex offender registration (required in most circumstances)

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Public lewdness: Typical bond is $1,000; average bond is $1,739

Indecent Exposure (Texas Penal Code § 21.08)

Texas Penal Code § 21.08 addresses exposure of private parts without necessarily engaging in sexual conduct.

Elements the Prosecution Must Prove

A person commits indecent exposure if the person exposes the person’s anus or any part of the person’s genitals:

1. With intent to arouse or gratify the sexual desire of any person, AND
2. While being reckless about whether another person is present who will be offended or alarmed by the act

The key distinctions from public lewdness are that indecent exposure: (1) only requires exposure, not sexual conduct; (2) requires specific intent to arouse or gratify sexual desire; and (3) applies to exposure of genitals or anus only (not breasts).

Penalties for Indecent Exposure

Indecent exposure is a Class B misdemeanor punishable by:

• Up to 180 days in county jail
• A fine of up to $2,000

The offense is elevated to a Class A misdemeanor (up to 1 year in jail, $4,000 fine) if the defendant has a prior conviction for indecent exposure.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Indecent exposure (first offense): Typical bond is $1,000; average bond is $1,746
• Indecent exposure with prior conviction: Typical bond is $1,500; average bond is $3,000

Voyeurism (Texas Penal Code § 21.17)

Texas Penal Code § 21.17 criminalizes watching another person without consent in certain private circumstances.

Elements the Prosecution Must Prove

A person commits voyeurism if the person, with the intent to arouse or gratify the sexual desire of the person, observes another person without the other person’s consent while the other person:

1. Is in a dwelling or structure where the person has a reasonable expectation of privacy, OR
2. Is in a bathroom, changing room, or other private place

Penalties for Voyeurism

The penalties escalate based on prior convictions:

• First offense: Class C misdemeanor (fine up to $500, no jail)
• Second offense: Class B misdemeanor (up to 180 days jail, $2,000 fine)
• Third or subsequent offense: Class A misdemeanor (up to 1 year jail, $4,000 fine)

Get the defense you need. Call (817) 203-2220 today.

Position of Trust and Relationship Offenses

Texas law recognizes that certain relationships create power imbalances that make true consent problematic or impossible. These offenses apply even when the other party is technically old enough to consent in other circumstances.

Improper Relationship Between Educator and Student (Texas Penal Code § 21.12)

Texas Penal Code § 21.12 prohibits sexual relationships between school employees and students, regardless of the student’s age.

Elements the Prosecution Must Prove

A person commits an offense if the person is an employee of a public or private primary or secondary school and engages in:

1. Sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled at the school where the employee works, OR
2. Conduct described by Texas Penal Code § 33.021 (online solicitation) with a person who is enrolled at the school where the employee works and who is younger than 17 years of age

“Employee” includes teachers, coaches, counselors, administrators, support staff, and any other person employed by the school. This can include substitute teachers, coaches of extracurricular activities, and even some contracted personnel.

The Age of the Student is Irrelevant

This is a critical point. Even if the student is 18, 19, or older, the relationship is illegal if the student is enrolled at the school where the defendant works. The law presumes that the power imbalance inherent in the educator-student relationship makes genuine consent impossible.

Penalties

Improper relationship between educator and student is a second degree felony punishable by:

• 2 to 20 years in prison
• A fine of up to $10,000
• Permanent loss of teaching certification
• Sex offender registration in many circumstances

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Improper relationship between educator and student: Typical bond is $7,500

Prohibited Sexual Conduct / Incest (Texas Penal Code § 25.02)

Texas Penal Code § 25.02 prohibits sexual conduct between certain family members.

Elements the Prosecution Must Prove

A person commits prohibited sexual conduct if the person engages in sexual intercourse or deviate sexual intercourse (oral or anal sex) with another person the defendant knows to be, without regard to legitimacy:

1. An ancestor or descendant by blood or adoption
2. A parent’s brother or sister (aunt or uncle) by blood, adoption, or marriage
3. A brother or sister (including half-blood, whole blood, or by adoption)
4. A niece or nephew
5. A stepchild or stepparent (while the marriage creating the relationship exists)
6. A first cousin

Penalties

Prohibited sexual conduct is a third degree felony (2 to 10 years) in most circumstances.

It becomes a second degree felony (2 to 20 years) if:

• The victim is younger than 18 years of age, OR
• The other party is a descendant of the actor by blood or adoption, OR
• The other party is a stepchild of the actor

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Prohibited sexual conduct: Typical bond is $25,000; average bond is $62,500

Technology-Based Sexual Offenses

As technology has advanced, Texas has enacted laws to address new forms of sexual misconduct involving cameras, phones, computers, and the internet.

Invasive Visual Recording (Texas Penal Code § 21.15)

Texas Penal Code § 21.15, formerly known as “improper photography or visual recording,” criminalizes certain non-consensual recording.

Elements the Prosecution Must Prove

A person commits invasive visual recording if the person, without the other person’s consent and with intent to arouse or gratify the sexual desire of any person:

1. Photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room
2. Photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of the intimate areas of another person taken while that person is in a location where the person would have a reasonable expectation of privacy
3. Photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of the intimate areas of another person taken without the other person’s consent

“Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast below the areola.

Penalties

Invasive visual recording is a state jail felony punishable by:

• 180 days to 2 years in state jail
• A fine of up to $10,000

The offense is elevated to a third degree felony (2 to 10 years) if the victim is younger than 14 years of age.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Invasive visual recording: Typical bond is $1,500; average bond is $12,607
• Invasive visual recording in bathroom/dressing room: Typical bond is $5,000

Unlawful Disclosure or Promotion of Intimate Visual Material (Texas Penal Code § 21.16)

Texas Penal Code § 21.16, commonly known as the “revenge porn” statute, addresses non-consensual sharing of intimate images.

Elements the Prosecution Must Prove

A person commits unlawful disclosure of intimate visual material if the person:

1. Discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct
2. The visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private
3. The disclosure was made without the effective consent of the depicted person
4. The disclosure caused harm to the depicted person
5. The disclosure revealed the identity of the depicted person

Penalties

Unlawful disclosure of intimate visual material is a state jail felony punishable by:

• 180 days to 2 years in state jail
• A fine of up to $10,000

The offense of publishing or threatening to publish intimate visual material is also a state jail felony.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Publish/threaten to publish intimate visual material: Typical bond is $5,000; average bond is $9,136

Case Example

Publish/Threaten to Publish Intimate Visual Material (November 2025): Our client was enrolled in a deferred prosecution program rather than facing felony conviction.

Sexual Coercion (Texas Penal Code § 21.18)

Texas Penal Code § 21.18 addresses situations where someone uses threats or intimidation to obtain sexual conduct.

Elements the Prosecution Must Prove

A person commits sexual coercion if the person intentionally threatens to commit an act described below with intent to:

1. Compel another person to engage in sexual conduct, intimate visual activity, or the production of intimate visual material
2. Prevent another person from reporting a sexual offense

The threats that qualify include:

• Accusing the victim of a crime
• Exposing confidential information or a secret that would subject the victim to hatred, contempt, or ridicule, or harm the victim’s reputation, business, financial condition, or personal relationships
• Taking or withholding an official action
• Inflicting economic harm on the victim
• Disclosing intimate visual material of the victim

Penalties

Sexual coercion is a state jail felony punishable by:

• 180 days to 2 years in state jail
• A fine of up to $10,000

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Sexual coercion: Typical bond is $10,000

Solicitation and Online Offenses

Texas aggressively prosecutes offenses involving the solicitation of minors for sexual purposes, whether online or in person. Many of these cases arise from law enforcement sting operations.

Online Solicitation of a Minor (Texas Penal Code § 33.021)

Texas Penal Code § 33.021 is one of the most commonly charged sex offenses in Texas. It addresses online communications with minors for sexual purposes.

Elements the Prosecution Must Prove

There are two forms of online solicitation of a minor:

Solicitation with Intent to Meet (§ 33.021(b)):

1. A person over the age of 17 uses the Internet, electronic mail, a commercial online service, or any other electronic system to knowingly communicate with a minor
2. The communication contains explicit or implicit sexual content
3. The communication is made with the intent to commit a sexual offense against the minor or to induce the minor to meet for the purpose of engaging in sexual contact

Solicitation of Sexual Conduct (§ 33.021(c)):

1. A person over the age of 17 uses the Internet, electronic mail, a commercial online service, or any other electronic system to knowingly communicate with a minor
2. The communication is made with the intent to arouse or gratify the sexual desire of any person
3. The communication requests the minor to engage in sexual conduct

No Actual Minor Required

Critically, these offenses apply even when there is no actual minor involved. If the defendant believed they were communicating with a minor (such as in a law enforcement sting operation where an officer poses as a minor), they can still be charged and convicted.

Penalties

Solicitation with Intent to Meet (§ 33.021(b)):

• Third degree felony (2 to 10 years) if the minor is 14-16
• Second degree felony (2 to 20 years) if the minor is under 14

Solicitation of Sexual Conduct (§ 33.021(c)):

• Second degree felony (2 to 20 years) regardless of the minor’s age

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Online solicitation of a minor for sexual conduct: Typical bond is $25,000; average bond is $37,023
• Online solicitation of a minor (general): Typical bond is $15,000; average bond is $52,661
• Online solicitation of a minor under 14: Typical bond is $20,000; average bond is $39,167

Case Example

Online Solicitation of Minor (Tarrant County, June 2025): Our attorneys presented the case to a grand jury, which no-billed (declined to indict) our client after hearing our legal arguments.

Criminal Solicitation of a Minor (Texas Penal Code § 15.031)

Texas Penal Code § 15.031 applies when an adult solicits a minor to commit any felony, with enhanced application for sexual offenses.

Elements the Prosecution Must Prove

1. The defendant is a person 17 years of age or older
2. The defendant requests, commands, or attempts to induce a minor (under 17) to engage in specific conduct that would constitute a felony if committed
3. The defendant acts with intent that the minor engage in the conduct

Penalties

Criminal solicitation of a minor is punished one category lower than the target offense. For example:

• Soliciting a minor to commit a first degree felony sex offense: Second degree felony
• Soliciting a minor to commit a second degree felony sex offense: Third degree felony

Protect your rights. Call (817) 203-2220 now.

Part VII: Trafficking and Kidnapping Offenses

Texas severely punishes those who traffic others for sexual purposes or commit kidnapping with sexual intent.

Trafficking of Persons for Sexual Purposes (Texas Penal Code § 20A.02(a)(7) and (8))

Texas Penal Code § 20A.02 addresses human trafficking, with specific provisions for sexual trafficking.

Elements the Prosecution Must Prove

Sexual Trafficking of Adults (§ 20A.02(a)(7)):

1. The defendant knowingly traffics another person
2. The defendant causes the trafficked person to engage in, or become the victim of, sexual conduct
3. The trafficking is accomplished through force, fraud, or coercion

Sexual Trafficking of Children (§ 20A.02(a)(8)):

1. The defendant knowingly traffics a child (under 18)
2. The defendant causes the child to engage in, or become the victim of, sexual conduct or forced labor or services

Note: For child trafficking, force, fraud, or coercion is NOT required. The trafficking of a child for sexual purposes is illegal regardless of how it was accomplished.

Penalties

Trafficking of persons is a first degree felony punishable by:

• 5 to 99 years or life in prison
• Fine of up to $10,000

The minimum sentence increases to 25 years if:

• The victim is under 14 years of age, OR
• The victim dies as a result of the trafficking

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Trafficking of child for sexual conduct: Typical bond is $75,000 to $200,000
• Continuous trafficking of persons: Typical bond is $10,000; average bond is $55,000

Aggravated Kidnapping with Intent to Sexually Abuse (Texas Penal Code § 20.04(a)(4))

Texas Penal Code § 20.04(a)(4) elevates kidnapping to aggravated kidnapping when the intent is sexual abuse.

Elements the Prosecution Must Prove

1. The defendant intentionally or knowingly abducted another person
2. The defendant intended to violate or abuse the victim sexually

Penalties

Aggravated kidnapping with intent to sexually abuse is a first degree felony punishable by:

• 5 to 99 years or life in prison
• Fine of up to $10,000

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Aggravated kidnapping for sexual abuse: Typical bond is $50,000; average bond is $75,000

Prostitution and Exploitation Offenses

Texas law includes multiple offenses related to prostitution and sexual exploitation, with particularly severe penalties when children are involved.

Compelling Prostitution (Texas Penal Code § 43.05)

Texas Penal Code § 43.05 makes it a serious felony to force or induce another person into prostitution.

Elements the Prosecution Must Prove

A person commits compelling prostitution if the person knowingly:

1. Causes another by force, threat, fraud, or coercion to commit prostitution, OR
2. Causes by any means a child younger than 18 years of age to commit prostitution, regardless of whether the defendant knows the child’s age

Penalties

Adult victim: Second degree felony (2 to 20 years)

Child victim (under 18): First degree felony (5 to 99 years or life)

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Compelling prostitution by force/threat/coercion/fraud: Typical bond is $100,000
• Promoting prostitution of person under 18: Typical bond is $10,000; average bond is $35,000

Sale, Distribution, or Display of Harmful Material to a Minor (Texas Penal Code § 43.24)

Texas Penal Code § 43.24 criminalizes providing sexually explicit material to minors.

Elements the Prosecution Must Prove

A person commits this offense if the person, with knowledge of its character and content, sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor material that is harmful to minors.

“Harmful to minors” means material whose dominant theme taken as a whole appeals to the prurient interest of a minor, is patently offensive to prevailing community standards for minors, and is utterly without redeeming social value for minors.

Penalties

• First offense: Class A misdemeanor (up to 1 year jail)
• Second or subsequent offense: State jail felony (180 days to 2 years)

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Sale/distribution/display of harmful material to minor: Typical bond is $1,500; average bond is $13,214

Child Pornography Offenses

Texas law includes comprehensive statutes addressing the creation, possession, and distribution of sexual material involving children. These offenses carry severe penalties that increase based on the quantity and nature of the material.

Sexual Performance by a Child (Texas Penal Code § 43.25)

Texas Penal Code § 43.25 criminalizes inducing or allowing children to engage in sexual performances.

Elements the Prosecution Must Prove

A person commits this offense if the person, knowing the character and content thereof, employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance.

“Sexual performance” means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age. “Sexual conduct” includes sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

Penalties

Victim 14-17 years old: Second degree felony (2 to 20 years)

Victim under 14 years old: First degree felony (5 to 99 years or life)

A person who produces, directs, or promotes a sexual performance by a child commits a first degree felony if the victim is under 14.

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Sexual performance by a child (employ/induce/authorize): Typical bond is $100,000; average bond is $78,333
• Sexual performance by a child under 14 (employ/induce/authorize): Typical bond is $25,000; average bond is $88,000
• Sexual performance by a child under 14 (produce/direct/promote): Typical bond is $60,000

Possession or Promotion of Child Pornography (Texas Penal Code § 43.26)

Texas Penal Code § 43.26 comprehensively addresses child pornography possession, promotion, and distribution.

Elements the Prosecution Must Prove (Possession)

A person commits possession of child pornography if the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age engaging in sexual conduct at the time the image was made.

Elements the Prosecution Must Prove (Promotion)

A person commits promotion of child pornography if the person knowingly or intentionally promotes or possesses with intent to promote material that visually depicts a child younger than 18 years of age engaging in sexual conduct.

Graduated Penalties Based on Quantity

Conduct	Classification	Penalty
Possession (fewer than 10 images)	Third Degree Felony	2-10 years
Possession (10-49 images)	Second Degree Felony	2-20 years
Possession (50+ images or any video)	First Degree Felony	5-99 years or life
Possession with prior conviction	Enhanced by one degree	Varies
Promotion/Distribution	Second Degree Felony	2-20 years
Possession with Intent to Promote	First Degree Felony	5-99 years or life
Material depicting child under 10	Enhanced by one degree	Varies
Material depicting sexual assault	First Degree Felony	5-99 years or life

Tarrant County Bond Data

Based on Tarrant County bond data from 2025:

• Possession of child pornography (general): Typical bond is $25,000; average bond is $48,647
• Possession of child pornography (fewer than 10 images): Typical bond is $250,000; average bond is $625,000
• Possession of child pornography (10-49 images): Typical bond is $50,000; average bond is $175,000
• Possession of child pornography (50+ images or video): Typical bond is $50,000; average bond is $120,000
• Possession of child pornography (fewer than 100 depictions): Typical bond is $50,000; average bond is $93,000
• Possession with intent to promote child pornography: Typical bond is $25,000; average bond is $293,750
• Material depicting sexual assault: Typical bond is $100,000

Case Examples

• Possession of Child Pornography (October 2025): The charge was dismissed entirely.
• Possession of Child Pornography (August 2025): Our client received 8 months deferred adjudication rather than years in prison.
• Multiple Child Pornography and Solicitation Charges (December 2025): Facing multiple charges, our client received 20 years TDC on reduced counts.

Electronic Transmission of Certain Visual Material Depicting Minor (Texas Penal Code § 43.261)

Texas Penal Code § 43.261, sometimes called the “sexting” statute, addresses the electronic transmission of sexual images involving minors.

Elements and Application

This statute was designed primarily to address situations where minors send explicit images to each other. It creates lower-level offenses than traditional child pornography statutes when minors are sending images of themselves or receiving images without further distribution.

Penalties

• Minor who sends image of self or receives without distributing (first offense): Class C misdemeanor (fine only)
• Minor who distributes received image: More serious penalties apply
• Adults soliciting or receiving such images: Subject to prosecution under § 43.25 or § 43.26

Have you been charged with a sex crime? Get help now. Call (817) 203-2220.

Mandatory Reporting Failure

Failure to Stop or Report Aggravated Sexual Assault of a Child (Texas Penal Code § 38.17)

Texas Penal Code § 38.17 creates criminal liability for witnesses to child sexual abuse who fail to act.

Elements the Prosecution Must Prove

A person commits this offense if the person:

1. Observes the commission of a felony under Texas Penal Code § 22.021(a)(2)(B) (aggravated sexual assault of a child), AND
2. Fails to immediately report the commission of the offense to a peace officer or law enforcement agency

Exception

A person is not required to report if the person has a reasonable fear that making the report would expose the person or another person to a substantial risk of physical injury.

Penalties

Failure to stop or report aggravated sexual assault of a child is a Class A misdemeanor punishable by:

• Up to 1 year in county jail
• A fine of up to $4,000

Comparison Table: What Prosecutors Must Prove for Major Sex Offenses

Offense	Victim Age Requirement	Conduct Required	Intent Requirement	Key Distinguishing Factor
Sexual Assault	None (applies to all ages)	Penetration	Intentional or knowing	Lack of consent
Aggravated Sexual Assault	Under 14 (or any age with aggravating factors)	Penetration	Intentional or knowing	Aggravating factor present
Indecent Assault	None	Touching intimate areas (through clothing OK)	Intent to arouse/gratify	No penetration required
Indecency by Contact	Under 17	Sexual contact (through clothing OK)	Intent to arouse/gratify	Child victim, any touching
Indecency by Exposure	Under 17	Exposure of genitals/anus	Intent to arouse/gratify	Child victim, exposure only
Continuous Sexual Abuse	Under 14	2+ acts of sexual abuse over 30+ days	Intentional or knowing	Pattern over time
Online Solicitation	Under 17 (or believed to be)	Electronic communication	Intent to meet for sex or solicit sexual conduct	No actual minor required
Improper Educator Relationship	Any enrolled student	Sexual contact, intercourse, or deviate intercourse	N/A	Educator-student relationship
Public Lewdness	N/A	Sexual conduct in public or recklessly in presence of others	Knowing	Public or semi-public location
Indecent Exposure	N/A	Exposure of genitals/anus	Intent to arouse/gratify + reckless as to others present	No sexual conduct, exposure only

Common Defenses to Sex Crime Charges

Every sex crime case is unique, but experienced defense attorneys examine several potential defense strategies:

Consent (Adult Cases Only)

For offenses involving adult victims, consent is a complete defense. The prosecution must prove beyond a reasonable doubt that the alleged victim did not consent. This defense is NOT available for offenses involving children.

False Accusations

False allegations of sexual misconduct occur more frequently than many people realize. Motives include custody disputes, divorce proceedings, revenge, jealousy, attention-seeking, and more. A thorough investigation can uncover inconsistencies in the accuser’s story, evidence of motive to fabricate, and witnesses who contradict the allegations.

Mistaken Identity

Eyewitness testimony is notoriously unreliable. DNA evidence, alibi evidence, and forensic analysis may exclude the defendant as the perpetrator.

Lack of Intent

Many sex offenses require proof of specific intent (such as intent to arouse or gratify sexual desire). Without proof of the required intent, the prosecution’s case may fail.

Age Defense

Texas provides an affirmative defense for certain offenses when the defendant and the alleged victim were close in age and the alleged victim was at least 14 years old.

Constitutional Violations

If police obtained evidence through an illegal search, violated the defendant’s rights during interrogation, or failed to follow proper procedures, that evidence may be suppressed. This can devastate the prosecution’s case.

Insufficient Evidence

The prosecution must prove every element of the offense beyond a reasonable doubt. Challenging the sufficiency of evidence is a fundamental defense strategy.

Sex Offender Registration Requirements

Most sex crime convictions in Texas require sex offender registration. The registration requirements depend on the offense:

Registration Tier	Duration	Typical Offenses
Tier 1	10 years	Some lower-level offenses
Tier 2	25 years	Most sex offenses
Tier 3	Lifetime with quarterly verification	Aggravated offenses, offenses against children under 14, repeat offenders

Registration requirements include:

• Providing your address, employment, and vehicle information to local law enforcement
• Periodic verification (annually, quarterly, or more frequently)
• Restrictions on where you can live (cannot live near schools, playgrounds, etc.)
• Employment restrictions
• Public listing on the sex offender registry

Failure to comply with registration requirements is itself a felony that can result in additional prison time.

What to Expect From Varghese Summersett

Sex crime cases require a defense approach unlike any other criminal case. The stakes are higher, the evidence is often complex, and the consequences of conviction extend far beyond the prison sentence.

At Varghese Summersett, our criminal defense team includes board-certified criminal law specialists with extensive experience defending sex crime cases. Our team has more than 70 members across four Texas offices (Fort Worth, Dallas, Houston, and Southlake), and we have achieved over 1,600 dismissals and 800 charge reductions.

When you hire us, we will:

• Immediately begin investigating the allegations against you
• Interview witnesses and gather evidence that supports your defense
• Hire expert witnesses when needed (forensic experts, psychologists, medical experts, digital forensics specialists)
• Challenge the prosecution’s evidence at every stage
• File motions to suppress illegally obtained evidence
• Negotiate with prosecutors for reduced charges, deferred adjudication, or case dismissal
• Take your case to trial if that’s what serves your interests

Past results do not guarantee future outcomes, but our track record demonstrates our commitment to fighting for every client.

FAQ: Texas Sex Crime Charges

Can I be convicted of a sex crime if there is no physical evidence?

Yes. Texas courts have consistently held that the testimony of a sexual assault victim alone, if believed by the jury, is sufficient to support a conviction. There is no legal requirement for DNA evidence, medical evidence, or other physical evidence. This is one reason why building a strong defense is so critical in these cases.

What if the alleged victim later recants (takes back) the accusation?

A recantation does not automatically result in dismissal. Prosecutors often proceed with cases even after alleged victims recant, arguing that the original accusation was true and the recantation is the result of pressure or fear. An experienced defense attorney can use a recantation as part of a broader defense strategy.

Can I be charged with a sex crime if the other person consented but later regretted it?

Consent is a defense to sex crimes involving adults. If you can demonstrate that consent was given at the time of the act, you have a defense. However, proving what happened during a private encounter often comes down to competing accounts, which is why these cases are so factually complex.

What if the alleged victim is my spouse?

Marriage is NOT a defense to sexual assault in Texas. A person can be charged with sexually assaulting their spouse if the elements of the offense are met.

Do I have to register as a sex offender for a misdemeanor conviction?

Some misdemeanor sex offenses require registration. Public lewdness typically requires registration, and indecent exposure may require registration depending on the circumstances. Registration requirements are determined by the specific offense, not simply whether it’s a felony or misdemeanor.

Can a sex crime conviction be expunged in Texas?

Most sex crime convictions cannot be expunged in Texas. Convictions for reportable sex offenses are specifically excluded from expunction eligibility. However, if your case was dismissed, you were acquitted, or you successfully completed certain pretrial diversion programs, you may be eligible to have records sealed or expunged.

Get Aggressive Defense for Sex Crime Charges in Texas

A sex crime accusation threatens everything you’ve worked for. You may lose your job, your home, your family, and your freedom. You need an attorney who understands these cases and will fight for you from the moment you call.

Varghese Summersett defends clients against sex crime charges throughout Texas. With offices in Fort Worth, Dallas, Houston, and Southlake, we’re ready to take your call 24 hours a day, 7 days a week.

Talk to a lawyer before you talk to police. Call (817) 203-2220 for a free, confidential consultation.