Understanding the Severity of Sexual Assault of a Child in Texas

In Texas, a person can face one of the most serious situations: being charged with sexual assault of a child. These allegations carry enormous weight — legally, socially, and personally. A conviction can mean decades in prison, a lifetime of sex offender registration, and consequences that ripple through every part of your life. Even being under investigation, before any charges are filed, can upend your career, your relationships, and your family.

If you or someone you love is facing these charges, the most important thing you can do right now is secure experienced legal representation. The Texas criminal justice system moves fast, and the decisions made in the early stages of a case can shape everything that follows. This blog is designed to help you understand what these charges mean, what the law actually says, and what your defense options may look like.

Nothing in this blog constitutes legal advice. Every case is different, and you should speak with a qualified Texas sex crime defense attorney as soon as possible.

What Is Sexual Assault of a Child Under Texas Penal Code § 22.011?

Under Texas Penal Code §22.011, sexual assault of a child involves intentional sexual contact or penetration with a person under the age of 17. Texas sets the age of consent at 17 years old. Any sexual activity with someone younger than 17 can result in criminal charges, regardless of whether that person appeared to agree or initiated contact.

That last point is critical: the alleged victim’s consent is not a valid defense under this statute. The laws on statutory rape presume that persons under 17 are legally incapable of consenting to sexual activity with an adult. This means that even if the other person said yes — even enthusiastically — that does not protect you from prosecution.

The offense requires that the contact was intentional, meaning prosecutors must show you acted on purpose, not by accident. But beyond that element, the bar for charging and convicting under §22.011 is relatively low, which is why having a skilled defense attorney review the facts of your case is so important.

How It Differs from Aggravated Sexual Assault of a Child

Sexual assault of a child under §22.011 and aggravated sexual assault of a child under §22.021 are related but distinct charges. Aggravated sexual assault of a child carries far harsher penalties and applies when certain serious factors are present.

A charge may be elevated to aggravated sexual assault when:

• The alleged victim is younger than 14 years old
• A deadly weapon was used or exhibited during the offense
• The accused caused serious bodily injury to the victim
• Threats of death, serious injury, or kidnapping were made against the victim or another person
• The accused acted in concert with another person
• Rohypnol, ketamine, or a similar drug was used to facilitate the offense

Aggravated sexual assault of a child is a first-degree felony with a mandatory minimum sentence of 25 years if the victim was younger than 6, or if the offense involved certain other aggravating circumstances. This is not a charge where the court has much flexibility — the sentencing ranges are severe by design.

Related Charges: Indecency with a Child and Continuous Sexual Abuse

Prosecutors in Texas can file a range of charges depending on the alleged conduct. Two that frequently come up alongside or instead of §22.011 are indecency with a child and continuous sexual abuse of a child.

Indecency with a child under §21.11 covers sexual contact that stops short of penetration, as well as exposure or causing a child to expose themselves for sexual purposes. This is often charged when the physical evidence doesn’t fully support a penetration allegation or when prosecutors believe the facts better fit this statute.

Continuous sexual abuse of a child under §21.02 applies when a person commits two or more acts of sexual abuse against a child over a period of 30 days or longer. Each individual act might be charged separately, but this statute allows prosecutors to bundle repeated conduct into a single, extremely serious charge. A conviction carries a sentence of 25-99 years, or life in prison, with no parole eligibility during that 25-year minimum.

Here’s a quick breakdown of how these offenses compare:

Penalties and Sentencing for Child Sexual Assault in Texas

Texas takes a hard line on crimes involving children, and the penalties reflect that. A conviction for sexual assault of a child under §22.011 is a second-degree felony, which already carries a substantial prison sentence. But depending on the circumstances, prosecutors may push to have the charge elevated to a first-degree felony, which can result in a life sentence.

Beyond prison time, a conviction comes with fines, a permanent criminal record, and consequences that follow you long after you leave prison. Understanding the full scope of what you’re facing is one reason why working with a defense attorney who handles these cases regularly matters so much.

Potential Prison Times and Fines

As a second-degree felony, sexual assault of a child carries a prison sentence of 2 to 20 years and fines of up to $10,000. That range sounds wide, but prosecutors will often push for the higher end, and judges in Texas courts tend to treat these cases seriously.

If the charge is elevated to a first-degree felony — for example, if the victim was under 14 or certain aggravating factors were present — the prison range jumps to 5 to 99 years, or life. For continuous sexual abuse convictions, the mandatory minimum is 25 years with no possibility of parole until that term is served.

Some offenses also carry mandatory minimum sentences that prevent the judge from reducing the sentence below a certain threshold. These minimums exist specifically to limit judicial discretion in child sex offense cases.

Lifetime Sex Offender Registration

A conviction for sexual assault of a child in Texas almost always requires registration on the Texas Sex Offender Registry. For most of these offenses, this is a lifetime registration. It does not expire, and there is no automatic process to remove it.

Being on the registry affects nearly every part of daily life. Registered sex offenders face restrictions on where they can live, limits on certain types of employment, and are subject to ongoing reporting requirements. Family members and neighbors may be notified of your status. Online databases make this information publicly searchable.

The collateral consequences of sex offender registration are often harder to cope with long-term than the prison sentence itself. It’s one more reason why fighting these charges from the very beginning — rather than assuming a plea deal is the only path — is worth taking seriously.

The Investigation Process: CPS and Forensic Interviews

Child sexual assault cases in Texas typically involve two parallel tracks: a law enforcement investigation and a Child Protective Services (CPS) investigation. These often run at the same time and can feed into each other. If you’re contacted by law enforcement or CPS, how you respond matters.

Law enforcement will typically gather physical evidence, interview witnesses, and work to build a case for the district attorney’s office. CPS has its own mandate: to assess whether the child is safe. CPS investigators have broad authority to speak with children, enter homes, and make recommendations that can affect custody and parental rights — even if criminal charges are never filed.

One of the most significant pieces of evidence in cases involving a child victim is the forensic interview. Most Texas counties use trained interviewers at Children’s Advocacy Centers (CACs) to conduct video-recorded interviews with the child. These interviews are designed to be non-leading, but they are not perfect, and defense attorneys often scrutinize them closely for signs of suggestive questioning or inconsistency.

SANE (Sexual Assault Nurse Examiner) exams may also be performed to look for physical evidence. The results of these exams can be significant in court, for both the prosecution and the defense.

If investigators contact you, do not answer questions without an attorney present. This applies even if you believe you have nothing to hide. Politely decline to answer and immediately contact a criminal defense attorney who handles violent crime allegations in Texas. Statements made to investigators before an attorney is involved have been used to build cases against people who thought they were cooperating in good faith.

Defending Against Child Sexual Assault Charges in Texas

A charge is not a conviction. Even in cases involving serious allegations, skilled defense attorneys find ways to challenge the evidence, the investigative process, and the credibility of the allegations. The specific defense strategy in any case depends on the facts, which is why the first step is always a thorough review of everything the prosecution has.

The Romeo and Juliet Law

Texas has an affirmative defense sometimes called the “Romeo and Juliet” law, which applies in limited circumstances involving young people who are close in age. If both parties were between 14 and 17 years old and the age difference between them was no more than three years, this defense may apply to a charge under §22.011.

This defense is not automatic, and it does not apply in all situations. It cannot be used if the accused person was the other person’s guardian or if the conduct involved aggravating factors. But for consensual relationships between teenagers, it is a meaningful legal protection that a defense attorney should always evaluate.

False Accusations and Evidentiary Challenges

False accusations of child sexual assault do happen. They can arise in the context of bitter divorce or custody disputes, misunderstandings between children and adults, coaching by a parent or other adult, or mental health issues that affect memory or perception. While these cases can be politically sensitive to defend, the reality is that wrongful accusations do occur, and a thorough defense must take that possibility seriously in order to prevent a wrongful conviction.

A good defense attorney will look closely at the circumstances under which the allegation first arose, the child’s statements over time for consistency, the quality of the forensic interview, the physical evidence (or lack thereof), and the motivations of any adults involved. SANE exam results, for example, can sometimes be interpreted multiple ways, and an expert witness may be needed to counter the prosecution’s interpretation.

Challenging the evidence does not mean attacking a child. It means holding the prosecution to its legal burden of proving every element of the offense beyond a reasonable doubt.

Frequently Asked Questions

What classifies as sexual assault in Texas?

Under Texas Penal Code §22.011, sexual assault of a child includes intentional sexual contact or penetration involving a person under 17 years of age. The alleged victim’s consent is not a defense under this statute.

What is the punishment for assault on a minor in Texas?

Sexual assault of a child is a second-degree felony with a prison range of 2 to 20 years and fines up to $10,000. Aggravated sexual assault is a first-degree felony with a range of 5 to 99 years or life. Continuous sexual abuse carries a minimum of 25 years with no parole eligibility during that period.

What evidence is required to prove sexual assault of a minor?

Prosecutors typically rely on the child’s statements (often from a forensic interview), SANE exam results, digital evidence, and witness testimony. There is no requirement for physical evidence alone, which is why the credibility and quality of the investigation process are often central to the defense.

What is the age of consent in Texas?

The age of consent in Texas is 17. Sexual activity with anyone under 17 years old may result in criminal charges, regardless of apparent consent.

Can the “Romeo and Juliet” law apply to my case?

It may, under specific conditions. If both parties were between 14 and 17 and the age difference was three years or less, this affirmative defense might apply. It cannot be used if the accused was the other person’s guardian or if aggravating factors were present. An attorney can evaluate whether it applies to your specific situation.

What should I do if CPS contacts me regarding an investigation?

Do not answer questions without first speaking to an attorney. CPS investigations can affect criminal proceedings, custody arrangements, and parental rights. You have the right to have legal representation before participating in any interview.

What is the difference between sexual assault and aggravated sexual assault of a child?

Sexual assault of a child under §22.011 is a second-degree felony that covers sexual contact or penetration with a person under 17. Aggravated sexual assault under §22.021 is a first-degree felony that applies when certain serious factors are present, such as the victim being under 14, use of a weapon, or threats of violence.

Why You Need an Experienced Texas Criminal Defense Attorney

Charges involving sexual assault of a child are among the most aggressively prosecuted in the Texas criminal system. They carry severe mandatory penalties, complex investigation procedures, and collateral consequences that last a lifetime. When a juvenile faces charges of sexual assault of a child, the complexity increases further.

An attorney who handles these cases regularly understands how prosecutors build their cases, where the weaknesses tend to be, and how to navigate the intersection between criminal defense and CPS proceedings. They know when to fight aggressively at trial and when to negotiate, and they can help you understand the real difference between a plea deal and what might happen if the case goes before a jury.

Acting quickly matters. Evidence can be preserved or lost. Witnesses’ memories change over time. Decisions made in the early stages of an investigation—including whether and how you talk to police— can shape the entire case. Waiting to get legal help is one of the most costly mistakes people in this situation make.

Whalen Law Office works with clients in Texas who are facing serious criminal charges. If you or a family member is under investigation or has been charged, contact us to schedule a consultation and discuss your situation confidentially.