Consecutive Sentences in Texas Child Sex Crime Cases: What Your Count-by-Count Review Should Cover

Consecutive sentences for multiple child sex crime counts in Texas are served one after another. Concurrent sentences run at the same time. When a case has several counts, how the court runs those sentences can change the total time a person could face. This guide explains the terms, the Texas laws that set each count’s range, and the questions to bring to a case review. Every case turns on its own charges and facts.

What Consecutive and Concurrent Sentences Mean

A consecutive sentence starts after another sentence ends. A concurrent sentence runs at the same time as another sentence. The difference matters most when a person has more than one count.

Each count carries its own punishment range. That range comes from the statute for the offense and its felony degree. For example, a first-degree felony is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of 5 to 99 years, plus a fine of up to $10,000.

Here is a simple illustration, not a prediction. Suppose two counts each carry a maximum of 10 years. If the sentences run concurrently, the longest term would be 10 years. If they run consecutively, the total could reach 20 years.

Many people assume one conviction means one sentence. That is a common mistake. Each count on the charging papers adds to the picture.

How Texas Law Decides Whether Sentences Stack

Texas law decides whether sentences run together. The answer turns on the charges and the facts behind them.

The first question is which offenses are charged. Each count has its own statute, so the charge list drives the analysis. Read every count and note its statute and felony degree before anyone discusses a total.

The second question is whether the acts belong to one criminal episode or to separate ones. Texas law uses “criminal episode” as a defined term in the Penal Code, found in Section 3.01.

Dates, places, and victims are the facts to check against each count. Those details show how the acts are grouped in the charges. Collect them early, before any talk about a total.

Multiple Counts in a Child Sex Crime Case

Prosecutors can file separate counts for separate acts, dates, or victims. Three common child-related counts are indecency with a child, sexual assault of a child, and aggravated sexual assault of a child.

Indecency with a child is a second-degree felony when it involves sexual contact.

Sexual assault treats a child as a person younger than 17, under Penal Code § 22.011. Aggravated sexual assault is a first-degree felony under Penal Code § 22.021. Under § 22.021(b)(1), a child is a person younger than 17 as defined in § 22.011(c), and a victim younger than 14 is an aggravating factor under § 22.021(a)(2)(B) whether or not the actor knows the victim’s age.

A common mistake is to look only at the most serious count. Each count adds its own range, so the total exposure depends on the full list.

Continuous Sexual Abuse of a Young Child and Stacked Exposure

Continuous sexual abuse of a young child is its own offense. It is different from individual counts. Continuous sexual abuse of a young child or disabled individual is a first-degree felony, punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of 25 to 99 years.

A person commits the offense when, over a period of 30 or more days, the person commits two or more acts of sexual abuse. The person must be 17 or older. The victim must be a child younger than 14 or a disabled individual.

The listed acts include sexual assault, aggravated sexual assault, and certain indecency offenses. If a jury decides the case, jurors need not agree on exact dates or on which specific acts occurred. They must agree that two or more acts occurred during a period of 30 or more days.

Two limits matter. A person cannot be charged with more than one count under this section if all the acts involve a single victim. A person also cannot be convicted of a listed offense against the same victim in the same case, unless an exception applies.

The offense is a first-degree felony. For an offense under § 22.021, the minimum term of imprisonment rises to 25 years where the victim is younger than 10 years of age at the time the offense is committed, or younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

Sentencing Ranges, Judge Discretion, and Probation

Each count carries a range set by its statute. Probation has its own rules, and those rules can limit what is possible.

Under Code of Criminal Procedure art. 42A.053, a judge may suspend a sentence and place a defendant on community supervision. This can happen after a conviction or a guilty or no contest plea. The judge must find that it serves justice, the public, and the defendant.

There are limits. A defendant is not eligible under that article if the sentence includes more than 10 years of imprisonment. The article also does not apply to several listed offenses, under Code of Criminal Procedure art. 42A.054. That list includes indecency with a child, sexual assault, and aggravated sexual assault.

Deferred adjudication is a separate path. The El Paso County definitions page explains that the judge hears evidence of guilt but does not enter a conviction.

Questions to Bring Into a Case Review

Start with the charging papers. The indictment lists each count, its statute, and the alleged dates. Bring any plea papers, judgments, and community supervision orders too.

Gather a short list before any review. Write down each count’s statute and felony degree. Note the dates of each alleged act and the number of alleged victims. Keep any deferred adjudication order.

These facts frame the sentence question. Without the charge list, no one can state the range. Dates help check the 30-day period in the continuous sexual abuse statute. The victim count matters under its single-victim limit.

Frequently asked questions

Talk Through Your Own Counts With Barbieri Law Firm

If you face several child sex crime counts and can’t tell how the sentences could add up, you don’t have to work that out alone. We then explain your options. Call (972) 424-1902 or send your case details. A free initial consultation is confidential and carries no obligation to continue.

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

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