Facing an Accusation Involving a Stepchild? Talk to a Texas Criminal Defense Lawyer Before You Say Another Word.

Who This Page Is For and What This Defense Covers

A Texas lawyer defending someone accused of sexually abusing a stepchild helps the accused understand the charge, the process and the options. This page explains those things in plain words.

You may be reading because a stepchild or other relative has made an accusation. Or police, a Child Advocacy Center or Child Protective Services (CPS) has contacted someone in your home. That moment is frightening, and it often comes without warning.

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

An accusation is not an arrest, a charge or a conviction. An accusation is a report made to someone. A charge is an offense the State formally files. A conviction only follows a finding of guilt. Each stage has its own rules. You may be researching for someone else, and the information here applies either way.

Texas Offenses Charged in Stepchild and Relative Cases

Stepchild and relative cases are usually charged under a small group of Texas Penal Code offenses. Every case turns on its own facts, and we review them with you from the first consultation.

• Sexual assault of a child. A “child” is a person younger than 17 under Penal Code § 22.011. Sexual assault is a second-degree felony, with exceptions the statute lists.
• Aggravated sexual assault. Under Penal Code § 22.021, this is a first-degree felony. The minimum prison term rises to 25 years when the victim is younger than 10, or younger than 14 and certain aggravating conduct is alleged. A first-degree felony carries imprisonment for life or for a term of 5 to 99 years, and the court may also impose a fine of up to $10,000.
• Indecency with a child. Texas Penal Code § 21.11 makes it an offense, with a child younger than 17 years of age, to engage in sexual contact with the child or cause the child to engage in sexual contact, regardless of whether the person knows the age of the child at the time of the offense, and that offense is a felony of the second degree. Exposing one’s anus or genitals to a child, knowing the child is present and with intent to arouse or gratify sexual desire, is a third-degree felony. Sexual contact can include touching through clothing.
• Continuous sexual abuse of a young child. Under Penal Code § 21.02, the State must show two or more acts of sexual abuse over a period of 30 or more days. The accused must be 17 or older, and the victim must be a child younger than 14 or a disabled individual. Jurors need not agree on which specific acts occurred or on exact dates, but they must agree that two or more acts happened within 30 days or more. This is also a first-degree felony.
• Family violence. Under Texas law, family violence includes an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, and certain abuse of a child of the family or household by a member of that family or household. A family tie can change how the State frames the case.

Texas also has narrow affirmative defenses based on age difference. Section 21.02 sets out an affirmative defense that applies only when every alleged victim is a child described by Subsection (b)(2)(A). The defense requires that the accused (1) was not more than five years older than the victim, or than the youngest victim if more than one victim is alleged; (2) did not use duress, force, or a threat against a victim when committing any of the acts of sexual abuse alleged as an element of the offense; and (3) when committing any of those acts, either was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender, or did not have a reportable conviction or adjudication under Chapter 62 for an offense under this section or for an act of sexual abuse as described by Subsection (c). Under § 21.11(b), the affirmative defense applies only if the actor was not more than three years older than the victim, was of the opposite sex, and did not use duress, force, or a threat against the victim at the time of the offense, and only if the other conditions in that subsection are also met. Each condition must be met, so the facts decide whether a defense fits.

What Happens After an Accusation: Step-by-Step

Most of these cases move through the same stages, from the first report to a negotiated result or trial. The timing shifts with the court, the records produced and the issues raised.

1. First contact. This may be a police report, a recorded forensic interview at a Child Advocacy Center, or a CPS investigation. Anything you say in these settings can become part of the file.
2. Arrest or warrant, then bond. Bond conditions can limit contact with the complainant or household members. Violating a bond condition tied to safety can be its own offense under Penal Code § 25.07.
3. Review of the file. Recorded interviews, medical records and reports are reviewed for what they show and what they leave out.
4. Formal charge. The State files a formal charging document, and the case moves toward a court setting.
5. Pretrial work. Lawyers challenge weak evidence and ask the court to rule on what a jury may hear.
6. Resolution or trial. The path forward depends on what the file shows.

How the Evidence in These Cases Is Examined

The evidence usually turns on how the accusation was first made, how it was recorded, and whether other records fit it. A lawyer looks at these points early.

• The disclosure. When it was made, to whom, in what setting, and whether the account changed over time.
• Recorded interviews. Whether forensic interviews were recorded and how the questions were asked.
• Medical records. Emergency room and medical records, including what the exam did and did not document.
• Timelines. Household routines, custody schedules, work and school records, and where the accused was on the dates alleged.
• Other statements. Statements to school staff, counselors, relatives and CPS workers, compared with one another.
• Messages and phone records. Preserved and reviewed from the start.

In a protective order hearing, a statement by a child younger than 14 who is the victim of certain listed sexual offenses, describing the offense, can be admitted as evidence in the same manner as other child statements about alleged abuse. That is why early review of the child’s statements matters.

Why Barbieri Law Firm Handles These Cases

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

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, leads each matter. Our team of support staff handles scheduling, records requests and client communication.

Each case is reviewed on its own file. Heather explains the options that exist in that file, including any affirmative defense the facts may support.

Client information is kept private.

Questions Families Ask Before Calling a Lawyer

An accusation does not always lead to charges, and a lawyer can help you understand where a case stands.

Talk With Heather Barbieri About Your Situation

If a stepchild or relative has accused you, you can talk with Barbieri Law Firm about the charge and the next step. A call from a detective, a child’s disclosure that has changed your household, or a family member ordered out of the home can leave you with more questions than answers. You do not have to sort through it alone. Schedule a free consultation, call (972) 424-1902, or send your case details through the contact form.

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