{"id":1108,"date":"2026-10-18T09:27:38","date_gmt":"2026-10-18T09:27:38","guid":{"rendered":"https:\/\/barbierilawfirm.com\/guides\/guides-facing-child-sex-crime-accusation-texas\/"},"modified":"2026-11-01T23:52:07","modified_gmt":"2026-11-01T23:52:07","slug":"guides-facing-child-sex-crime-accusation-texas","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/guides-facing-child-sex-crime-accusation-texas\/","title":{"rendered":"Facing a Child Sex Crime Accusation in Texas"},"content":{"rendered":"\n
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Sex Crimes Defense | Frisco, Texas<\/p>

Facing a Child Sex Crime Accusation in Texas? Start With a Clear Plan.<\/h1>

Barbieri Law Firm, an all-women criminal defense firm in Frisco, defends people accused of child sex crimes in Collin County, Dallas-Fort Worth and across Texas. We will review the evidence and explain your options in plain language.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
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About Barbieri Law Firm<\/h2>\n

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Frisco, Texas<\/h3>

Serving Collin County and Dallas-Fort Worth<\/p><\/div>

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Free<\/h3>

Confidential first consultation, with no obligation to continue<\/p><\/div>

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All-women<\/h3>

Criminal defense firm focused on sex crimes and assaultive offenses<\/p><\/div><\/div>\n\n<\/div>\n\n\n

By Heather Barbieri \u00b7 Published October 18, 2026<\/p>\n\n

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If you are facing a child sex crime accusation in Texas, the case moves in stages, and each stage has its own rights and timing. Texas outcomes turn on the exact statute charged, the child’s age, the evidence and the steps that follow. This guide walks through those stages in order, from first contact with investigators to penalties and effects on your job, license and family. Barbieri Law Firm is based in Frisco, Texas, and serves Collin County and the Dallas-Fort Worth area. This is general information about Texas law, not a prediction about any case.<\/p>\n

First Steps When You Learn of an Accusation<\/h2>\n

The first step is to pause and get counsel before you answer questions or change anything. An investigation, a police contact, an arrest and a formal charge are different stages. An investigation may start with an officer asking to talk with you. A school or employer may open its own inquiry. An arrest means you are taken into custody. A formal charge comes later, through a complaint or an indictment.<\/p>\n

Do not give a recorded or written statement before you understand the accusation. Many people believe a quick explanation will clear things up. Anything you say can become evidence, even when you mean well.<\/p>\n

Do not delete messages, devices, photos or accounts. Changing or erasing evidence can create a separate problem and can damage your defense. Keep everything as it is, and let counsel decide what happens next.<\/p>\n

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, leads Barbieri Law Firm. Our team supports her work from Frisco. If you live or work in Collin County, our Collin County page offers local context for accused adults there.<\/p>\n\n

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If an investigation or charge involving a child has reached your job, license or family, you do not have to face it alone; call (972) 424-1902 for a free, confidential consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Texas Child Sex Offenses the Statutes Cover<\/h2>\n

Texas lists several child sex offenses in the Penal Code, and each has its own elements. The charge depends on what the State says happened, how old the child was, and the grade the statute assigns.<\/p>\n

Sexual assault of a child.<\/strong> Texas Penal Code \u00a7 22.011<\/a> covers causing penetration of a child’s anus, sexual organ or mouth, and related contact acts. It applies whether or not the accused knew the child’s age.<\/p>\n

Aggravated sexual assault.<\/strong> The charge can be aggravated when the alleged victim is younger than 14, when serious bodily injury is involved, or when a deadly weapon is used. It is a first-degree felony.<\/p>\n

Indecency with a child.<\/strong> The offense covers sexual contact or exposure involving a child younger than 17. Sexual contact is a second-degree felony. Exposure is a third-degree felony.<\/p>\n

Continuous sexual abuse.<\/strong> Penal Code \u00a7 21.02<\/a> requires two or more acts of sexual abuse over a period of 30 or more days. The victim must be a child younger than 14 or a disabled individual.<\/p>\n

Online solicitation of a minor.<\/strong> The offense covers sexually explicit online communication with a minor and soliciting a minor to meet for sexual contact.<\/p>\n

Sexual performance and child pornography.<\/strong> Penal Code \u00a7 43.25<\/a> covers sexual conduct by a child in a performance. Texas law makes it a crime to possess or promote visual material depicting a child in sexual conduct. The grade of that offense depends on the number of depictions, prior convictions and the child’s age.<\/p>\n

How Age and the Child’s Status Change the Charge<\/h2>\n

Age often decides which offense applies and how serious it is. Age can also decide whether a defense is available at all.<\/p>\n

For online solicitation, a minor is anyone younger than 17. A minor also includes anyone the accused believes is younger than 17.<\/p>\n

For sexual assault of a child, the State does not have to prove the accused knew the child’s age. Penal Code \u00a7 22.011<\/a> applies regardless of that knowledge. A claim that the other person looked or said they were older is therefore not a complete answer under this statute.<\/p>\n

For aggravated sexual assault, a victim younger than 14 raises the offense. Penal Code \u00a7 22.021<\/a> sets out these age rules.<\/p>\n

Some age gaps create a defense. Indecency with a child has an affirmative defense. It applies when the accused was not more than three years older than the child, used no duress, force or threat, and meets other conditions. The parties must also be of the opposite sex. Penal Code \u00a7 21.11<\/a> lists these conditions.<\/p>\n

Sexual performance has a two-year age-gap defense.<\/p>\n

Some cases also require a judge’s age finding. Under Code of Criminal Procedure art. 42.017<\/a>, the judge must make an affirmative finding in some cases. That applies when the defendant was not more than four years older than a victim of at least 15, and the conviction rests solely on those ages.<\/p>\n

The Investigation: Interviews, Devices and Forensic Interviews<\/h2>\n

Investigators usually collect digital evidence and a recorded interview of the child. Both can shape the case long before a charge is filed.<\/p>\n

Digital evidence often includes phones, computers, cloud accounts and messaging histories. Investigators seek these through warrants and subpoenas. Review of this material can show who sent what, and when.<\/p>\n

A child is often interviewed by a trained forensic interviewer. The recording of that interview is evidence. It should be reviewed closely for how questions were asked and what was said.<\/p>\n

A separate state inquiry may run at the same time. The Texas Department of Family and Protective Services handles child-abuse investigations.<\/p>\n

Limited information is available during an open investigation. Formal discovery usually begins after a case is filed. Until then, talk with counsel before you make any statement.<\/p>\n

Arrest, Bond and Conditions of Release<\/h2>\n

After an arrest, a magistrate sets bond and release conditions. Those conditions apply right away, and they carry real weight.<\/p>\n

Arrest is followed by booking at a county jail. A magistrate then considers bond. A magistrate hearing is an early step in a criminal case, and a lawyer can explain what to expect at it.<\/p>\n

In child cases, release conditions often include no contact with minors. They may also limit internet access, or restrict where you live or travel. Some conditions bar contact with the complaining witness.<\/p>\n

Follow every condition exactly. Do not contact anyone the order prohibits, even by accident. If you need a change, such as a new job, school schedule or move, ask counsel before you act.<\/p>\n

Grand Jury, Indictment and the Timeline<\/h2>\n

An indictment is the formal written charge that starts the trial court process.<\/p>\n

After an indictment, the case usually moves through arraignment, discovery, pretrial motions and a trial setting. Each step can take time. Some steps repeat as new evidence comes in.<\/p>\n

Deadlines to file charges depend on the offense. Article 12.01 also sets exceptions for certain sexual assault cases. These cover untested biological matter, a DNA result that does not match, and probable cause of similar offenses against five or more victims.<\/p>\n

A charge filed years after an alleged event is reviewed on its own terms. Early review of the file helps counsel track each stage as it develops.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

The Child’s Statements and Outcry Witnesses<\/h2>\n

A child’s account often reaches the case through the first adult the child told. That adult’s account, and the child’s words, are tested closely.<\/p>\n

Defense review looks at who the child first told, the exact words used, and when the disclosure happened. It also looks at timing. Delayed disclosure is common in some cases, and it is an issue to examine, not an answer.<\/p>\n

Forensic interview recordings are compared with medical records and prior statements. Consistency across these sources matters. So do differences in detail or wording.<\/p>\n

The defense also tests reliability. That includes suggestion, repetition, and the interviewer’s technique. Questions that lead a child toward an answer can change what the child later says.<\/p>\n

False and Mistaken Accusations<\/h2>\n

False and mistaken accusations do happen. The National Registry of Exonerations<\/a> lists false accusations and mistaken identification among causes of wrongful convictions.<\/p>\n

Mistakes can come from several sources. Identity can be confused. Ordinary conduct can be misunderstood. Family disputes and custody disagreements can also shape what is said.<\/p>\n

Digital records can help sort out these questions. Messages, timestamps and account records can show who sent what, and when. They can also show what did not happen.<\/p>\n

Documenting your whereabouts early matters. Save schedules, work records, witness names and any records that place you elsewhere. Memories fade, and records can be lost.<\/p>\n

An accusation alone is not proof. A lawyer can review the State’s evidence against each part of the charge and explain what it shows.<\/p>\n

Defenses and the Evidence Review<\/h2>\n

The evidence review shows which defenses fit, because each case turns on its own record. No two accusations look the same.<\/p>\n

The review covers the warrant and the search. It also covers the forensic interview, medical findings and digital forensic reports. Each item can raise a different question.<\/p>\n

Common defense areas include disputes over the elements of the charge, the reliability of statements, chain of custody, and outside technical review of digital evidence. Certain Texas sex offense statutes include affirmative defenses, and whether one could apply depends on the specific charge and facts, which is something Heather Barbieri can review with you in a free, confidential consultation.<\/p>\n

The review shapes negotiations, pretrial motions and, where needed, trial preparation. No lawyer can predict or assure the outcome of a case. A full review does show what options exist in your case.<\/p>\n

Penalties, Sex Offender Registration and Collateral Consequences<\/h2>\n

Penalties depend on the offense and its degree. A first-degree felony can carry life in prison.<\/p>\n

For a first-degree felony, the range is life or 5 to 99 years, plus a fine of up to $10,000. A second-degree felony carries 2 to 20 years and a fine of up to $10,000. A third-degree felony carries 2 to 10 years and the same fine limit.<\/p>\n

Continuous sexual abuse carries its own range. Under Penal Code \u00a7 21.02<\/a>, it is punishable by life, or by a term of 25 to 99 years.<\/p>\n

Sex offender registration under Chapter 62 of the Code of Criminal Procedure applies to qualifying offenses. Registration can last a long time and carries its own rules.<\/p>\n

Collateral consequences also matter. A conviction can affect employment, housing, travel and family court matters. Understanding both the criminal and non-criminal effects helps you plan.<\/p>\n

Work, License and Family Effects for Professionals<\/h2>\n

A charge can affect your job and license before any trial begins. Some employers and schools have reporting rules and internal reviews.<\/p>\n

A licensing board can open its own proceeding. That process runs separately from the criminal case. It has its own notices, deadlines and standards.<\/p>\n

Be careful about who you talk with. Discussing the accusation with coworkers, students, patients or parents can create problems. Speak with counsel before you say anything to them.<\/p>\n

Family matters can run alongside the criminal case. Custody, protective orders and family court issues should be coordinated with the criminal defense. Decisions in one area can affect the others.<\/p>\n\n

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If an investigation or charge involving a child has reached your job, license or family, you do not have to face it alone; call (972) 424-1902 for a free, confidential consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"Close-up<\/figure>\n

Talk With Barbieri Law Firm About Your Situation<\/h2>\n

If investigators have contacted you, you have received notice of an arrest or bond, or you have been indicted, you can talk through your facts with us. A criminal charge involving a child is a serious matter, and you do not have to face it alone.<\/p>\n

Call (972) 424-1902 or send your case details through our contact page<\/a>. The initial consultation is free, confidential and comes with no obligation to continue.<\/p>\n

Is there a time limit for child sex charges in Texas?<\/h3>\n

Some child offenses have no limitation period under Article 12.01. Others have deadlines that depend on the offense.<\/p>\n

What happens after an arrest for a child sex crime in Texas?<\/h3>\n

Booking comes first, followed by a magistrate’s decision on bond and release conditions. Those conditions apply right away.<\/p>\n

Can I keep working while a charge is pending?<\/h3>\n

Work rules depend on your employer’s policies and your licensing board’s rules. Raise reporting duties and licensing questions with counsel early.<\/p>\n

Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.<\/p>\n\n<\/article>\n