Accused of a Child Sex Crime in Texas? Here Is What Happens Next

An accusation is not a conviction, but it starts a process with real deadlines and real choices. If you’re accused of child sex crime in Texas, the case can move through police questions, an arrest, a bond hearing, a separate child protective investigation and, later, a plea or trial. This guide walks through each stage in order, so you know what comes next.

What Texas Law Calls a Child Sex Crime

Texas doesn’t have one charge called “assaulting a minor.” The charge depends on the conduct, the child’s age and the grade of the offense.

Sexual assault under Texas Penal Code § 22.011 covers several acts involving a child, including penetration. It applies even if the accused doesn’t know the child’s age.

Indecency with a child under Texas Penal Code § 21.11 covers sexual contact with a child or causing a child to engage in sexual contact, and certain conduct involving exposure of the anus or genitals. The first is sexual contact with a child younger than 17. The second is exposing your anus or genitals to a child you know is present, with intent to arouse or gratify sexual desire. Sexual contact is a second-degree felony. Exposure is a third-degree felony.

Aggravated sexual assault under Texas Penal Code § 22.021 is a first-degree felony. Under Texas Penal Code § 12.32, a first-degree felony carries life or a term of 5 to 99 years, plus a fine up to $10,000.

Indecent assault under Texas Penal Code § 22.012 is generally a Class A misdemeanor. Some enhancing conditions raise it to a felony.

The section and the child’s age can change both the charge and the possible sentence. That is why the first question is which offense the state has actually alleged.

Step 1: How an Accusation Reaches You

An accusation usually reaches you through a police contact, a report from a school or family member, a CPS inquiry or a call from a detective. Many people learn about it before any charge is filed. An investigation can keep going before a prosecutor decides anything.

In the first days, a few habits protect you. Keep your own notes on dates, messages and contacts, but don’t alter or delete anything. Don’t contact the person who made the allegation. Don’t discuss the allegation with possible witnesses.

Family dynamics often make these cases harder. When the accused is a parent, relative or household member, housing, visits and daily routines can change fast. Plan with a lawyer before you make any move at home.

If the allegation involves online contact, other agencies may be involved.

Can Police Question Me About a Child Sex Crime Accusation?

Police can ask you to come in for questions, and you should talk with a lawyer before you decide how to respond. A child-related investigation often turns on what people say, so the choice matters.

Recorded interviews can become central evidence. Small details, like a date or a single word, can be used later in ways you didn’t expect. Talking without preparation can also create new problems.

If you want a lawyer, say so clearly and early. Don’t try to explain the allegation on your own by phone or text. Let your lawyer review the questions, the timeline and any recording with you first.

Arrest, Magistration, Bond and Conditions

After an arrest, a judge sets bond, and bond conditions can limit contact with the accuser and with children.

In a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case tied to victim or community safety, Texas law makes it a crime to knowingly or intentionally communicate with a protected person, except through the person’s attorney or a person appointed by the court, in violation of a bond condition or court order that prohibits such communication. The exception is communication through your attorney or a person the court appoints. Violating those conditions can lead to a new charge.

Arrest and court records can be visible to others, so plan for that early. Your lawyer can explain what the record shows and who may see it.

After an arrest, a prosecutor decides whether to file a formal charge. The time between arrest and charging varies by case and is not fixed.

The Parallel Track: CPS and Child Protective Investigations

A CPS investigation runs on its own track, separate from the criminal case. It has its own interviews, safety plans and outcomes. Child Protective Services is part of the Texas Department of Family and Protective Services.

Statements made to CPS workers can matter in the criminal case. Treat every CPS interview as a step in the criminal case too. Speak with your lawyer before any CPS meeting.

Custody and visitation questions often run on a separate court track. The Texas Children’s Commission benchbook discusses DFPS final hearings and the standards for awarding conservatorship.

Texas law also allows certain child statements to be admissible in protective order hearings. Texas Code of Criminal Procedure Art. 7B.004 covers statements a child under 14 who is the victim of an offense under Section 21.02, 21.11, 22.011, 22.012, or 22.021, Penal Code, makes describing that offense in that setting.

Evidence, Forensic Interviews and Charges Without Physical Proof

Many child sex crime cases are built on testimony and interviews, not physical proof. Prosecutors often rely on a forensic interview of the child, outcry testimony from the person the child told, digital records and other witness statements.

When there is no physical evidence, the case often turns on the child’s account, the timing and the surrounding facts. Those facts can be tested, and gaps or changes in a story can matter.

Your role in the defense starts with reviewing the evidence. That means the discovery the state shares with the defense, the recorded interviews and any messages or records tied to the allegation. Your lawyer can point out inconsistencies and details that don’t fit.

Reviewing the evidence is the first step in deciding your options. No lawyer can know how a case will end, but a careful review gives you the facts to decide.

Plea Offers and How to Weigh Them

A plea offer is a proposal from the prosecutor to resolve the case. The choice to accept or reject it belongs to you, after your lawyer explains each term.

A guilty or no contest plea is a court admission, and it carries its own consequences. Before you respond, review the offense section, the sentencing range, whether registration applies, and the effect on work, school and family.

Deferred adjudication is one form of resolution. Texas Code of Criminal Procedure Art. 42A.101: except as provided by Article 42A.102(b), a judge may, if in the judge’s opinion the best interest of society and the defendant will be served, defer an adjudication of guilt and place a defendant on deferred adjudication community supervision after a plea and a finding that the evidence substantiates guilt.

Texas Code of Criminal Procedure Art. 42A.102 reads: “(a) Subject to Subsection (b), a judge may place on deferred adjudication community supervision a defendant charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Article 42A.453(b) only if the judge makes a finding in open court that placing the defendant on deferred adjudication community supervision is in the best interest of the victim.” Texas Code of Criminal Procedure Art. 42.017 applies in the trial of an offense under Section 21.11 or 22.011, Penal Code, when the defendant was not more than four years older than the victim, the victim was at least 15, and the conviction rests only on those ages.

The right answer depends on the facts of the case and what you most need to protect. Don’t respond to an offer until your lawyer has explained every term.

Collateral Consequences: Registration, Employment and Public Records

Some child sex convictions can lead to sex offender registration.

Registration duties and their length can turn on the offense and how the case is resolved.

Nondisclosure is also limited. Under Texas Government Code § 411.074, a person may not get an order of nondisclosure for an offense requiring sex offender registration under Chapter 62, or if he or she was previously convicted of, or placed on deferred adjudication for, such an offense.

Employment and licensing can be affected too. Employers, school districts and licensing boards may ask about criminal history, and the effect varies by employer. Plan for those questions before you respond to any offer.

Trial, Appeal and the Deadlines That Matter

After a plea or verdict, the case moves to sentencing. Post-trial motions and appeals come after that, and each has timing rules.

Appeal deadlines in Texas are strict. A missed deadline can close options that were open the week before. Ask your lawyer about the timeline on the day sentence is imposed.

Who Writes This Guide and Who Responds to Cases

This guide is written under the responsibility of Heather Barbieri, Barbieri Law Firm, Frisco, Texas. Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses in Collin County, the Dallas-Fort Worth area and across Texas.

The firm’s lawyers include Heather Barbieri and Carrie Thomas. Our team supports each matter with staff who keep the schedule and the paperwork moving.

Talk With a Collin County Defense Lawyer About Your Case

If you’ve been accused and a decision is in front of you, you can talk through it before you act. Each stage has a question that needs an answer now, such as whether to answer police, how to handle bond conditions or how to weigh a plea.

If you’re facing police questions, a bond hearing or a plea offer, call (972) 424-1902 or send your case details through our contact form. The first consultation is free, confidential and carries no obligation to continue. No lawyer can know how your case will end, but you can get clear answers about your next step.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.