Charged With Sexual Assault of a Child in Texas? Start With a Clear Plan

Sexual assault of a child is a serious criminal charge in Texas. It is an accusation, not a finding of guilt. The penalties depend on the exact charge. This guide explains what the charge means, how cases usually move, and what a defense lawyer reviews.

What Sexual Assault of a Child Means in Texas

Sexual assault of a child is a sexual offense involving a person younger than 17. Under Texas Penal Code § 22.011, a “child” is a person younger than 17 years of age.

The child offenses apply even if the accused did not know the child’s age. That makes the child’s exact age a central part of any charge.

A charge is a formal accusation. It is not proof, and a case is decided on evidence.

This page is for three kinds of readers. It is for the person accused, a parent or spouse of someone accused, and anyone who has just learned of an investigation. Many cases start with a phone call, a knock at the door, or a request for an interview. Some start with a school or family report, and others start with an online investigation.

The Texas Law and Its Elements

Texas Penal Code § 22.011 covers several forms of sexual conduct with a child. For a child, the statute reaches:

• Penetration of a child’s anus or sexual organ by any means
• Penetration of a child’s mouth by the actor’s sexual organ
• Contact between a child’s sexual organ, anus or mouth and another person’s mouth, anus or sexual organ, including the actor’s

The child provisions do not use the words “without that person’s consent” that appear in the adult provision. That difference is why the exact subsection named in a charge matters.

The statute also lists affirmative defenses to the child offense. One of them applies when the actor was the child’s spouse at the time of the offense.

Reading the exact wording of the charge is a useful first step in understanding any case. Look closely at any paperwork you have. The subsection letter, the age stated, and the dates all matter. Bring the exact charging language to your first conversation with a lawyer.

Penalties, Registration and Collateral Consequences

Penalties depend on the exact charge. A conviction can bring prison time, fines and registration duties. Texas sets felony ranges in the Penal Code. A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000. A first-degree felony carries life or 5 to 99 years, plus a fine of up to $10,000.

Aggravated sexual assault is a first-degree felony. In listed cases, the minimum prison term rises to 25 years. That figure is a minimum, not a fixed sentence. The age thresholds and effective dates matter, so read the exact subsection.

Punishment enhancement for a prior felony conviction is governed by Texas Penal Code § 12.42, and under § 12.42(c)(2) a repeat sex offense can require a life sentence. Under Texas Penal Code § 12.32, a first-degree felony carries life or 5 to 99 years in prison.

Registration is a separate issue. Sexual assault and aggravated sexual assault can count as sexually violent offenses under Texas law. Under art. 62.101, the duty to register for a reportable conviction for a sexually violent offense ends when the person dies.

Plan early for licensing boards, employers, housing, custody and family court, and public records. These issues often matter most to professionals and families. They can start before any case is decided.

How a Child Sexual Assault Case Typically Proceeds in Texas

A typical case moves from investigation to charges, bond, pretrial work and then resolution. Early steps often shape later ones.

1. Investigation. Police interview people, collect records and review digital evidence. Talk with a lawyer before answering police questions.
2. Arrest or charge. A charge is filed, and a bond hearing sets release terms.
3. Indictment or formal filing. A grand jury or other formal filing moves the case forward. The accused enters a plea at arraignment.
4. Discovery and pretrial. The defense reviews reports, recordings, medical and digital records. Pretrial motions may be argued.
5. Resolution. The case can end by plea agreement, trial or dismissal.

Bond conditions can limit contact with children, a home, a school or devices. Under Tex. Penal Code § 25.07(a), knowingly violating a bond condition tied to the safety of a victim or the community is an offense. Under § 25.07(g), that offense is usually a Class A misdemeanor. It can be a third-degree felony in listed cases, including when the violation involves an assault or stalking.

Under Tex. Code Crim. Proc. art. 42A.102, deferred adjudication is not available for some § 22.011 and § 22.021 charges and defendants, including § 22.021 cases punishable under § 22.021(f) or Penal Code § 12.42(c)(3) and some defendants previously placed on community supervision for a listed offense; where it is available, the judge must first find in open court that placing the defendant on deferred adjudication serves the victim’s interest. See Tex. Code Crim. Proc. art. 42A.102.

These cases often take months. The court’s schedule and the evidence set the pace.

Defense Issues a Criminal Defense Lawyer Reviews

A defense is built from the State’s specific evidence. The first review starts with the paperwork and the proof. A lawyer typically reviews these areas:

• The charge. The exact subsection, age and dates on the paperwork.
• Interviews and statements. How a child’s statements were obtained, recorded, repeated and documented.
• Medical and forensic findings. Whether the records support what the charge says.
• Timeline and location. Whether dates and places match the records.
• Identity. Whether the evidence connects the accused to the conduct alleged.
• Mental state. Whether the State can prove the intent the charge requires.
• Devices and messages. How phones, accounts and messages were collected, and whether that collection raises search questions.
• Prior-acts evidence. Whether the State may offer evidence of other alleged acts.

We review each of these with you and explain what we find. No honest lawyer can say how any case will end.

Why Barbieri Law Firm for a Child Sexual Assault Charge

Barbieri Law Firm is an all-women criminal defense firm based in Frisco, Texas. Founding attorney Heather Jean Barbieri is the lawyer on the firm’s cases.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

The firm defends professionals accused of sex crimes and assaultive offenses, including child sex crimes. It serves Collin County, Dallas-Fort Worth and Texas.

The approach has three concrete steps:

• A first review of the charging papers and bond conditions.
• A plain explanation of the State’s evidence.
• A discussion of your options, in language you can follow.

Our team handles scheduling and records requests. The lawyer handles the case itself.

Common Questions About Sexual Assault of a Child Charges

Talk With Barbieri Law Firm About Your Situation

Getting a call about a child sexual offense, or reading a bond sheet, is hard. You may be looking at a career, a marriage or a custody case that now feels at risk.

If you’re reading this for a family member, you may be the one holding the paperwork. That is a lot to carry alone.

If you’re facing a sexual assault of a child charge, call (972) 424-1902, send your case details through the contact form, or schedule a free consultation. Your first consultation is free, confidential, and comes with no obligation to continue.

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