Defending Against a Continuous Sexual Abuse of a Young Child Charge in Texas

Continuous sexual abuse of a young child in Texas is a first-degree felony. Under Texas Penal Code § 21.02, the state must show two or more acts of sexual abuse committed over a period of 30 days or more. This guide explains each part of the charge and what a defense lawyer looks at first. It is written for family members of someone who has been arrested, indicted or is under investigation.

What Continuous Sexual Abuse of a Young Child Means Under Texas Penal Code 21.02

The offense applies when a person commits two or more acts of sexual abuse during a period of 30 days or more, and at the time of each act the actor is 17 years of age or older and the victim is a child younger than 14 or a disabled individual.

• Two or more acts. The acts can involve one victim or several victims.
• The 30-day period. The acts must fall within a period that is 30 or more days long.
• The accused’s age. At the time of each act, the accused must be 17 or older.
• The child’s age. At the time of each act, the child must be younger than 14. The statute applies even if the accused does not know the child’s age.

The statute counts certain other crimes as “acts of sexual abuse,” including aggravated sexual assault under Section 22.021 (Texas Penal Code § 21.02). One charge can therefore rest on several underlying acts.

The punishment is serious. Under § 21.02(h), the offense is a first-degree felony. It is punishable by life in the Texas Department of Criminal Justice, or by a term of not less than 25 years or more than 99 years. Under § 12.32(b), a fine of up to $10,000 may be added to the prison term. The statute also covers disabled individuals. This guide focuses on the young-child version.

Why the Timeline and the Number of Acts Are Tested First

The timeline is tested first because every alleged act must fit inside the 30-day period. Dates are a central element of the charge, not a small detail.

Vague wording makes this hard for the state. Common questions at the start of a defense review include:

• Which dates appear in the charging papers?
• Where did those dates come from?
• Do any dates conflict with school, work, travel or custody records?
• Was the accused 17 or older, and was the child younger than 14, on each date?

Which time limits apply to a case depends on the specific offense charged and the facts involved. Under Texas Penal Code § 12.01, punishment for an offense under the Penal Code is set in accordance with that chapter and the Code of Criminal Procedure. Texas Penal Code § 12.01 does not set time limits for presenting a felony indictment; it provides that a person adjudged guilty of an offense under the Penal Code is punished in accordance with that chapter and the Code of Criminal Procedure. Texas Penal Code § 12.01 does not set any limitation period for continuous sexual abuse of a young child or disabled individual under Penal Code § 21.02; it provides that a person adjudged guilty of an offense under the Penal Code is punished in accordance with that chapter and the Code of Criminal Procedure.

What the State Usually Relies On and What the Defense Examines

The state usually relies on the child’s statements, testimony from the people the child told, recorded interviews, records and digital evidence. A defense review looks closely at each source.

• Outcry statements. Who heard the first disclosure, when it happened, and how it was written down.
• Recorded interviews. Whether they were recorded, whether questions were suggestive, and what was said before recording began.
• Consistency. Whether the account changed across interviews, family members, school reports or medical records.
• Digital evidence. Messages, devices and accounts, and who had access to them.
• Lesser offenses. Whether the evidence supports only a lesser charge, and the punishment range for it.

Jury rules matter too. Under § 21.02(d), jurors do not have to agree on the exact date of each act or which specific acts occurred. They must agree unanimously that, during a period of 30 or more days, the accused committed two or more acts of sexual abuse.

The statute also sets an affirmative defense under § 21.02(g). Under Texas Penal Code § 21.02, with respect to a prosecution involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor meets the requirements listed in Subsection (g). To use this defense, the actor must not have been more than five years older than the victim (or the youngest victim, if there is more than one) and must not have used duress, force or a threat against a victim at the time of any of the alleged acts of sexual abuse. In addition, at the time of any of those acts, the actor either was not required under Chapter 62 of the Code of Criminal Procedure to register for life as a sex offender, or was not a person who had a reportable conviction or adjudication under Chapter 62 for an offense under Section 21.02 or for an act of sexual abuse listed in Subsection (c). The defense must raise this issue, so the lawyer reviews whether its conditions can be met.

What to Expect From Arrest to Trial or Resolution

A case usually moves through six stages, though timing varies with the court’s schedule and the evidence.

1. First contact. The family calls a lawyer. The first call covers the charge, the bond status and urgent dates.
2. Bond and conditions. Bail, no-contact orders and release conditions are addressed early because they shape daily life and the defense.
3. Review of the file. The lawyer reviews police reports, interview recordings, records and any digital evidence.
4. Investigation. Timelines, witnesses and records are checked against the alleged dates.
5. Motions and negotiation. Motions may challenge evidence or the charging papers. Any offer from the state is evaluated with the client.
6. Trial or resolution. The case goes to trial or is resolved. Each decision is explained before it is made.

Families may also meet the Texas Department of Family and Protective Services during a child-abuse investigation.

Why Families Choose Barbieri Law Firm for This Charge

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.

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

Our lawyers include Heather Barbieri and Carrie Thomas. Our team also includes support staff who handle scheduling and records.

Our approach is methodical. We review the dates, records, interviews and evidence, then explain the options in writing and in person. No lawyer can say in advance how a case will end. What we can do is review the file honestly and explain what it shows.

Questions Families Ask About Continuous Sexual Abuse Charges

Families often ask how this charge differs from other sex crimes and what happens next.

Talk With a Defense Lawyer About Your Loved One’s Charge

If your loved one has been arrested or indicted on this charge, the next step is a conversation about the file. Bring the charging papers, any dates you have, and your questions about bond and the next court date.

To take that step, schedule a free initial consultation, call (972) 424-1902, or send your case details through our contact page.

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