Charged with Continuous Sexual Abuse of a Young Child in Texas?

Continuous sexual abuse of a young child is a first-degree felony in Texas. Texas Penal Code § 21.02(b) makes it an offense when, “during a period that is 30 or more days in duration,” a person “commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims,” and, at the time of each act, the actor is 17 years of age or older and the victim is either a child younger than 14 years of age (whether or not the actor knows the victim’s age) or a disabled individual (Penal Code § 21.02). A continuous sexual abuse of a young child defense starts with reading that statute closely. This page explains each element, the punishment range, how evidence is tested, and what to expect. Barbieri Law Firm is a criminal defense firm in Frisco, Texas, serving Collin County, Dallas-Fort Worth and Texas.

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

It is a pattern charge. The State must show two or more acts of sexual abuse committed over 30 or more days.

• The conduct occurred during a period of 30 or more days.
• The accused committed two or more acts of sexual abuse in that period.
• The accused was 17 or older at the time of each act.
• Each act was against a child younger than 14 or a disabled individual.

The child’s age counts even if the accused didn’t know it. The 30-day period is an element, not a technicality. The defense checks whether the alleged conduct truly fits that timeline.

This charge is built on a pattern. For the wider framework, read our child sex crimes defense guide.

Which Acts Count Toward the Charge and What Jurors Must Agree On

Only the acts listed in § 21.02(c) count toward the charge. The list includes:

• aggravated kidnapping with intent to abuse the victim sexually
• indecency with a child under § 21.11(a)(1), committed in a manner other than touching, including through clothing, a child’s breast
• sexual assault and aggravated sexual assault
• certain burglaries committed with intent to commit a listed sexual offense
• sexual performance by a child and compelling prostitution

The jury rule matters most at trial. If a jury decides the case, jurors don’t need to agree on which specific acts happened or on the exact dates. Jurors must unanimously agree that the defendant committed two or more acts during a period that is 30 or more days in duration, under § 21.02(d).

Dates still matter. Each act must fit a listed offense, and the timeline must fit the 30-day rule.

For a prosecution under this statute that involves only one or more victims described by Subsection (b)(2)(A), § 21.02 makes it an affirmative defense if the actor meets the conditions the statute sets out (Penal Code § 21.02). Under § 21.02(g), each condition listed in that subsection must be satisfied, including that the actor did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense (Penal Code § 21.02). The accused was not more than five years older than the victim, or the youngest victim. The accused used no duress, force or threat. The accused was not required to register for life, or had no reportable conviction or adjudication under Chapter 62 for this offense or a listed act.

Punishment Exposure, Enhancements, and Registration

Upon conviction under § 21.02, the punishment is imprisonment for life or for a term of 25 to 99 years. A person serving that sentence is not eligible for parole (Gov’t Code § 508.145(a)), and community supervision and deferred adjudication are generally unavailable for this offense (Code of Criminal Procedure ch. 42A). § 21.02(h) sets that range. A fine of up to $10,000 may also apply under § 12.32(b).

Prior convictions can raise the range. Section 21.02(h) of the Texas Penal Code sets its own punishment range for this offense: life, or 25 to 99 years (Penal Code § 21.02). A conviction under § 21.02 after a prior conviction for a listed sex offense carries a mandatory life sentence (Penal Code § 12.42(c)(2)). Where the prior conviction was under § 21.02, or for a qualifying § 22.021 offense against a child younger than 14, the sentence is life without parole (Penal Code § 12.42(c)(4)).

Under Code of Criminal Procedure Art. 12.01(1)(D), felony indictments for continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, may be presented with no limitation (Code of Criminal Procedure Art. 12.01). Under Code of Criminal Procedure art. 12.01(1)(D), an indictment for continuous sexual abuse under § 21.02 may be presented with no limitation.

Registration is also serious. A violation of § 21.02 by a person 17 or older is a sexually violent offense under art. 62.001(6)(A). Under art. 62.101(a)(1), the duty to register for that offense ends when the person dies, except as the statute provides.

Registration can affect work, housing, travel and family life. Exposure differs from case to case. It depends on the charge, the accused’s record and the court’s findings.

How These Cases Are Built and Where the Defense Examines Them

These cases often turn on statements, interviews and records. Each piece gets tested. Common evidence includes:

• an outcry, meaning what the child first said and to whom
• recorded forensic interviews
• medical examinations
• observations from school staff or caregivers
• texts, messages and other digital records
• testimony from family members

The defense examines how specific and how timed the allegations are. It compares statements over time for consistency. It reviews how the interview was conducted and recorded, including the questions asked. It checks the alleged conduct against the 30-day timeline and the listed acts. Custody disputes, family conflict and prior investigations are part of the record too.

Discovery is when recordings, reports and records are exchanged. In some cases, independent review of recordings or records may be considered.

Two mistakes often hurt a case. The first is speaking with investigators before getting advice. The second is deleting or changing messages or devices. Keep everything as it is, and tell your lawyer what exists. Every defense depends on the actual evidence.

What to Expect: A Step-by-Step Process From First Call to Trial Decision

The process runs in five stages, from a first consultation to a decision on trial or resolution.

1. Initial consultation. You share the charge, the investigation status and any known deadlines. The first consultation is free and comes with no obligation to continue. Schedule a free consultation.
2. Bail, release conditions and protective orders. These often need early attention. A court may issue a temporary ex parte order without further notice or a hearing if it finds a clear and present danger.
3. Arraignment and indictment. Your lawyer reviews the charging document for date and act detail.
4. Discovery. Recordings, reports and records are reviewed. This stage can take considerable time.
5. Motions, negotiations and decision. Pretrial motions are filed and resolution is discussed. You then decide whether to go to trial or resolve the case.

Timelines vary by county and court. Your lawyer will explain the expected schedule for your case.

Why Barbieri Law Firm for a Continuous Sexual Abuse Charge

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, led by Heather Jean Barbieri.

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

The firm defends people accused of sex crimes and assaultive offenses. That work includes child sex crimes, aggravated sexual assault, online sex crimes, aggravated assault and family violence. The firm handles these matters across Collin County, Dallas-Fort Worth and Texas.

Our team includes support staff who handle scheduling and office work. Heather Barbieri is the lawyer on your matter.

We will review the evidence, the timeline and the interview records with you, and explain your options.

Questions People Ask About This Charge

This charge requires a pattern of two or more qualifying acts over 30 or more days. That pattern sets it apart from single-act charges.

Is continuous sexual abuse the same as indecency with a child?

This charge requires a pattern of two or more qualifying acts over a 30-day period.

Does a jury have to agree on exact dates?

No. Under § 21.02(d), jurors must agree that two or more acts occurred during a 30-day period, but not on which acts or exact dates.

Should I talk to investigators before I speak with a lawyer?

Speak with a lawyer first. A lawyer can explain your rights and options before you answer questions.

Does my lawyer need the full facts?

Yes. Complete, candid information helps your lawyer evaluate the case and advise you accurately.

What does the free first consultation include?

It includes a review of the charge, the timeline, any deadlines and next steps. It comes with no obligation to continue.

Can any lawyer assure an outcome?

No lawyer can assure you of a particular result. We review the evidence and explain your options.

Talk With Barbieri Law Firm About a Continuous Sexual Abuse Charge

If you’ve been accused of a pattern of alleged conduct, you can talk through the charge with our team. That may follow a pending investigation, an indictment describing continuous conduct, or a family member’s arrest. In a free first consultation, you can talk through the accusation and the evidence in your case with attorney Heather Barbieri and ask about your options. Call (972) 424-1902, or send your case details through our contact page. We’ll review the charge with you.

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