Understanding Texas Child Sexual Assault Charges and Sentencing
Our court coverage regularly includes sentencing outcomes in cases involving crimes against children, and readers often ask what distinguishes charges like "sexual assault of a child" from "aggravated sexual assault of a child," and why sentences vary so widely between cases. This explainer breaks down how Texas law classifies and punishes these offenses.
Sexual Assault of a Child
Under Texas Penal Code Section 22.011, any sexual contact with a person under 17 is a criminal offense in Texas, regardless of whether the minor appeared to consent — Texas law does not recognize consent from a minor in these cases. This offense is generally classified as a second-degree felony, punishable by 2 to 20 years in prison, a fine of up to $10,000, and mandatory sex offender registration. The charge is elevated to a first-degree felony, punishable by 5 to 99 years or life in prison, when the defendant is someone legally prohibited from marrying the victim, such as certain family members.
Aggravated Sexual Assault of a Child
Under Penal Code Section 22.021, aggravated sexual assault of a child is charged when the victim is under 14, or when specific aggravating factors are present, such as use of a deadly weapon, serious bodily injury, more than one offender acting together, or the use of a substance to facilitate the assault. This is a first-degree felony, punishable by 5 to 99 years or life in prison.
"Super Aggravated" Cases
Texas law creates an additional category sometimes referred to as "super aggravated" sexual assault, applying when the victim was under 6, or was under 14 and another aggravating factor such as a weapon, serious injury, or an incapacitating drug was involved. These cases carry a mandatory minimum sentence of 25 years, with no possibility of parole below that minimum. A defendant with a prior conviction for a sexually violent offense who is convicted again faces a mandatory sentence of life without parole, with no judicial discretion to impose a lesser sentence.
Continuous Sexual Abuse of a Young Child
When a person is accused of two or more acts of sexual abuse against a child under 14 occurring over a period of at least 30 days, prosecutors can charge continuous sexual abuse of a young child — a first-degree felony carrying a punishment range of 25 years to life in prison.
Sex Offender Registration
A conviction — or in most cases, even deferred adjudication — for these offenses requires registration under Texas Code of Criminal Procedure Chapter 62. Registration is typically required for life for the most serious offenses, meaning the person's name, photograph, and criminal history become part of a publicly searchable registry, along with restrictions on where they may live or work.
Why Sentences Vary Case to Case
Because the punishment range for these offenses is often extremely wide — 5 to 99 years, for example — the ultimate sentence in a given case depends heavily on the specific facts, the defendant's criminal history, whether the case resolved through a plea agreement or a jury trial, and whether the state pursued the most severe available charge. This is why two cases that sound similar in a headline can end with very different outcomes at sentencing.
Probation Is Rarely an Option
Under Texas Code of Criminal Procedure Article 42A, a judge generally cannot grant probation for sexual assault of a child. Only a jury can recommend probation in these cases, and typically only when the sentence imposed is 10 years or less — making it a rare outcome for the most serious charges.
This article explains how Texas law classifies and punishes these offenses in general terms. It is not legal advice. If you have concerns about a child's safety, contact local law enforcement or the Texas Abuse Hotline.
