Facing a Continuous Sexual Abuse Charge? Get a Clear Defense Plan From Day One

Continuous sexual abuse of a young child is a first-degree felony in Texas. Under Texas Penal Code § 21.02, a person commits continuous sexual abuse of a young child or disabled individual when, during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, and at the time of each act the person is 17 years of age or older and the victim is a child younger than 14 (whether or not the person knows the child’s age) or a disabled individual. This page explains the elements, the penalties, how these cases are built, and how a defense is organized. It is general information, not advice about your case.

What Continuous Sexual Abuse of a Young Child Means Under Texas Law

The offense requires a pattern, not a single act. Penal Code § 21.02 requires two or more acts of sexual abuse during a period of 30 or more days.

The 30-day span is the element that matters most. One incident, even a serious one, does not meet this offense. The State must show a span of time, so dates, the number of acts, and the timeline all matter.

The statute also sets age rules. The accused must be 17 or older at the time of each act. The child must be younger than 14, or a disabled individual. The age that counts is the age at the time of each act.

The offense is part of Texas’s Jessica’s Law legislation. The Texas District and County Attorneys Association explains its elements, covered acts, and punishment range.

What the State Must Prove

The State must prove two or more qualifying acts during a period of 30 or more days. Each act must be one of the offenses listed in the statute.

The listed acts include sexual assault, aggravated sexual assault, certain forms of indecency with a child, sexual performance by a child, and compelling prostitution. Texas Penal Code § 22.011 sets out the conduct that constitutes sexual assault, including causing the penetration of another person’s anus or sexual organ without that person’s consent.

Defense lawyers review that timeline closely.

The State often relies on the child’s statements, forensic interview recordings, medical findings, and records. Each can show something, but none proves every element alone. Evidence rules also apply.

What Are the Penalties for Continuous Sexual Abuse in Texas?

A conviction is a first-degree felony. The range is life in prison, or a term of 25 to 99 years, under Penal Code § 21.02. A fine of up to $10,000 can be added, under Penal Code § 12.32.

That range shapes plea discussions and trial decisions. The statute sets the range. Actual sentencing depends on the facts and the choices made in the case.

Registration is a serious consequence.

Related charges are also possible. Indecency with a child by sexual contact is a second-degree felony, and by exposure a third-degree felony, under Penal Code § 21.11. Charging decisions vary from case to case.

How These Cases Are Built and What a Defense Reviews

These cases often turn on the child’s account, the interviews, and the documents. No single item usually settles the question. A defense checks each one against the others.

Start with the accusation. A defense looks at how it first came to light, who reported it, and whether the child’s account changed over time.

Next, review the interviews. Lawyers check whether recorded forensic interviews were done and how they were conducted. Custody, family, or relationship context can bear on timing, motive, and how reliable a statement is.

Medical and physical evidence needs the same care. It must be checked against the specific acts alleged, not just the general subject.

A child-protective investigation can run alongside a criminal case. The Texas Department of Family and Protective Services parent’s guide explains the process and the rights of parents and alleged perpetrators. Keep the two tracks separate in your thinking.

How the Defense Process Works, Step by Step

A defense usually moves through review, evidence gathering, investigation, and then negotiation or trial preparation. Each stage builds on the one before.

1. Free initial consultation. The first talk is free and confidential, and carries no obligation to continue.
2. Review of charges and conditions. Lawyers review the charging papers, bond status, and any protective order. A protective order can bar contact and going near a home, workplace, or school. If a protective order bars the alleged offender from going to or near certain locations, the court must specifically describe each prohibited location and any minimum distance the offender must keep, under art. 7B.005, unless the court has received a request to keep those locations confidential.
3. Discovery review. Recordings, reports, and records are gathered and reviewed.
4. Investigation. The defense tests the timeline, witnesses, and documents, and explains options as they develop.
5. Negotiation, motions, or trial preparation. The path depends on the facts and on the client’s decisions.

Timelines vary by case. The process is best understood as stages, not fixed dates.

Why Barbieri Law Firm Handles These Cases

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, Dallas-Fort Worth, and across Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. Our lawyers are Heather Barbieri and Carrie Thomas. Our team works together on evidence review and client communication.

The firm’s work centers on sex crime and child-related charge defense. That focus describes the matters it handles.

Common Questions About This Charge

Here are short answers to common questions.

Can someone be charged for a single incident?

Does a conviction always mean the maximum sentence?

Talk Through Your Situation With Barbieri Law Firm

If you or a family member has just learned of this accusation, the first decisions feel heavy. You don’t have to make them without a clear picture of the charge.

Call (972) 424-1902 or send your case details through the contact page. Your free initial consultation is confidential and carries no obligation to continue. A conversation lets you ask questions about your own facts before deciding anything.

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