{"id":356,"date":"2026-10-12T23:16:09","date_gmt":"2026-10-12T23:16:09","guid":{"rendered":"https:\/\/35-229-99-24.nip.io\/?page_id=356"},"modified":"2026-10-12T23:16:09","modified_gmt":"2026-10-12T23:16:09","slug":"child-sex-crimes-defense-sexual-assault-of-a-child","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/child-sex-crimes-defense\/child-sex-crimes-defense-sexual-assault-of-a-child\/","title":{"rendered":"Sexual Assault of a Child Defense Lawyer in Texas"},"content":{"rendered":"\n<div class=\"wp-block-cover alignfull is-dark\" style=\"min-height:460px;aspect-ratio:unset;\"><span aria-hidden=\"true\" class=\"wp-block-cover__background has-secondary-background-color has-background-dim-60 has-background-dim\"><\/span><img decoding=\"async\" class=\"wp-block-cover__image-background\" alt=\"Interior of a police evidence facility with labeled storage shelves and documentation systems used in criminal investigations.\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/interior-of-a-police-evidence-facility-with-labeled-storage-photo-4.jpg\"\/><div class=\"wp-block-cover__inner-container has-global-padding is-layout-constrained wp-block-cover-is-layout-constrained\">\n<h1 class=\"wp-block-heading has-base-color has-text-color\">Sexual Assault of a Child Defense Lawyer in Texas<\/h1><div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n<p class=\"wp-block-paragraph\" style=\"font-size:0.85rem;color:#6b7280;margin-bottom:1.5rem\">By Heather Barbieri \u00b7 Published October 12, 2026<\/p>\n\n<article lang=\"en\">\n\n<p>For anyone searching for a sexual assault of a child defense lawyer in Texas, the first step is understanding the charge. Sexual assault of a child is a felony, and the penalties can be severe. This page explains what the offense means, how these cases move through Texas courts, and what a defense involves. Barbieri Law Firm, based in Frisco, defends people accused of sex crimes and assaultive offenses in Collin County, across Dallas-Fort Worth, and throughout Texas.<\/p>\n<h2>What Sexual Assault of a Child Means Under Texas Law<\/h2>\n<p>Sexual assault of a child is a felony that covers certain sexual contact or penetration with a child younger than 17. Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\">Texas Penal Code \u00a7 22.011<\/a>, a &#8220;child&#8221; is anyone younger than 17. Texas courts have held that the accused&#8217;s belief about the child&#8217;s age is not a defense to this charge (for example, Fleming v. State, Tex. Crim. App. 2014).<\/p>\n<p>The statute covers several kinds of conduct. It includes penetration of a child&#8217;s anus or sexual organ by any means, and penetration of a child&#8217;s mouth by the accused&#8217;s sexual organ. It also includes causing a child&#8217;s sexual organ or anus to contact the mouth, anus, or sexual organ of another person, and causing a child&#8217;s mouth to contact the anus or sexual organ of another person. The accused must act intentionally or knowingly.<\/p>\n<p>Sexual assault is a second-degree felony in many cases. The statute also makes it a first-degree felony in certain listed situations. That means the grade must be checked against the exact allegations, not assumed from the headline charge.<\/p>\n<p>An accusation is not a conviction. We review the evidence behind each part of the accusation and explain what it does and does not show. Knowing the elements is the starting point for any defense.<\/p>\n\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/hand-resting-on-a-desk-beside-a-stack-of-documents-and-newsp-photo-2.jpg\" alt=\"Hand resting on a desk beside a stack of documents and newspaper clippings.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>Who This Defense Is For<\/h2>\n<p>A sexual assault of a child defense is for adults who have been accused, are under investigation, or have received notice of a grand jury proceeding. It is also for the parents, spouses, and relatives trying to understand the charge for someone they love.<\/p>\n<p>Common situations include:<\/p>\n<ul>\n<li>An adult charged after an outcry, a report to a school or Child Protective Services, or a police interview.<\/li>\n<li>Parents, spouses, and relatives of someone who is under investigation.<\/li>\n<li>Cases built on delayed outcry, disputed memories, family conflict, or a custody dispute.<\/li>\n<li>Readers who need to understand the charge before deciding whether to speak with police.<\/li>\n<\/ul>\n<p>The first days after an accusation often matter most. Statements made early, before anyone reviews the file, can shape the case later. Many people also talk about the allegation with others or post about it online, which can create new problems. The <a href=\"https:\/\/www.law.umich.edu\/special\/exoneration\/Pages\/about.aspx\">National Registry of Exonerations<\/a> collects detailed information about known exonerations in the United States, including the factors that contributed to each wrongful conviction. That research is one reason early, careful review matters.<\/p>\n<h2>What a Defense of This Charge Covers<\/h2>\n<p>A defense starts with the exact allegations and the evidence the State has. It then builds from the facts of the file. Every case is different, so the work changes with the record. A defense of this charge often includes:<\/p>\n<ul>\n<li>Review of the charging papers, the probable cause affidavit, and the timeline the State claims.<\/li>\n<li>Review of forensic interview recordings, including Children&#8217;s Advocacy Center interviews, medical records, and outcry witness statements.<\/li>\n<li>Investigation of where and when the events are said to have happened, including witnesses, digital records, texts, and social media messages.<\/li>\n<li>Evaluation of how reliable each statement is, including questions about memory, age, and how the account developed over time.<\/li>\n<li>Checking whether any statutory defense applies to the facts.<\/li>\n<li>Negotiation with the prosecutor, pretrial motions, and trial preparation when a case must go to trial.<\/li>\n<\/ul>\n<h2>How These Cases Typically Move Through the Courts<\/h2>\n<p>Most cases move from investigation to release conditions, then to pretrial work, and finally to a resolution. That resolution may be a plea, a dismissal, or a trial. Timelines vary by county, court, and case. The usual path looks like this:<\/p>\n<ol>\n<li><strong>Investigation.<\/strong> Police interview witnesses and the accused, and gather recordings and records. The first choices about speaking with police matter here.<\/li>\n<li><strong>Charging and release.<\/strong> The case may begin with a grand jury or magistrate step. Bond conditions apply, and breaking them can create new problems.<\/li>\n<li><strong>Discovery.<\/strong> The defense receives the State&#8217;s evidence, including recordings and forensic reports. This stage can take months.<\/li>\n<li><strong>Pretrial motions and negotiation.<\/strong> The defense may challenge evidence and discuss options with the prosecutor, including alternative resolutions.<\/li>\n<li><strong>Trial or resolution.<\/strong> The case ends in a plea, a dismissal, or a trial, depending on the evidence and the facts.<\/li>\n<\/ol>\n<p>No particular result can be predicted at the outset. Each stage depends on what the evidence shows.<\/p>\n<h2>What Is at Stake: Penalty Ranges and Related Charges<\/h2>\n<p>A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000. A first-degree felony carries life or 5 to 99 years in prison, with a fine of up to $10,000. Some related offenses, such as continuous sexual abuse of a young child, carry a higher minimum, as described below.<\/p>\n<p>Readers often see related charges on the same paperwork:<\/p>\n<ul>\n<li><strong>Aggravated sexual assault<\/strong> (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.021\">\u00a7 22.021<\/a>) is a first-degree felony. Under Texas Penal Code \u00a7 22.021(f), a 25-year minimum prison term applies when the alleged victim was younger than 6, or younger than 14 if the offense involved one of the aggravating circumstances listed in the statute.<\/li>\n<li><strong>Continuous sexual abuse of a young child<\/strong> (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.02\">\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. It is a first-degree felony punishable by life in prison or 25 to 99 years, with a 25-year minimum. The jury must agree that two or more acts occurred over 30 days, but jurors need not agree on which specific acts or the exact dates.<\/li>\n<li><strong>Indecency with a child<\/strong> (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.11\">\u00a7 21.11<\/a>) covers sexual contact, including touching through clothing with intent to arouse or gratify sexual desire. Sexual contact is a second-degree felony. Exposure offenses are third-degree felonies.<\/li>\n<\/ul>\n<p>The statute also includes narrow affirmative defenses, such as the accused being the child&#8217;s spouse. Other defenses depend on specific age and conduct conditions. These are fact-specific, so they must be checked against the record. A conviction can also bring consequences beyond prison and fines, and those must be reviewed for each case.<\/p>\n<h2>Why Heather Barbieri Defends These Charges<\/h2>\n<p>Heather Jean Barbieri leads the firm&#8217;s criminal defense work. Her certification is stated as follows:<\/p>\n<p>Heather Jean Barbieri, Board Certified, Criminal Law &#8212; Texas Board of Legal Specialization.<\/p>\n<p>Barbieri Law Firm is an all-women criminal defense firm based in Frisco, Texas. Its work centers on people accused of sex crimes and assaultive offenses. That includes cases in Collin County, Dallas-Fort Worth, and across Texas.<\/p>\n<p>In practice, the firm reviews the charge, the recordings, and the records with you in plain language. It explains the options that fit your facts. That review is the core of the work.<\/p>\n<p>No lawyer can promise a particular outcome. What any lawyer can do is review the evidence, explain the law, and lay out the choices. This certification is personal to Heather Jean Barbieri and is not a statement about the firm as a whole.<\/p>\n<h2>Questions Families Ask About Sexual Assault of a Child Charges<\/h2>\n<p>Most questions come down to the evidence, the process, and what happens next. Short answers follow.<\/p>\n<h3>Can someone be charged based only on a child&#8217;s statement?<\/h3>\n<p>A child&#8217;s account can start an investigation and lead to a charge. Whether the full record supports the case depends on the facts. A lawyer reviews that case by case.<\/p>\n<h3>What should I do if police want to interview me?<\/h3>\n<p>Speaking with a defense lawyer before any interview is the safer choice. This is general information, not advice for your specific case.<\/p>\n<h3>Will a charge always lead to registration?<\/h3>\n<p>Registration depends on the offense and how the case ends. It must be checked for each case.<\/p>\n<h3>How long does a case take?<\/h3>\n<p>Timelines vary by county, court, and evidence. Some cases take months before they resolve.<\/p>\n<h3>Is a free consultation available?<\/h3>\n<p>Yes. You can schedule a free consultation to talk through the charge and your questions.<\/p>\n<h3>Can a family member ask a sexual assault of a child defense lawyer in Texas for help?<\/h3>\n<p>Yes, family members can contact Barbieri Law Firm with questions. Decisions about representation need the accused person&#8217;s participation.<\/p>\n\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/two-lawyers-question-a-seated-inmate-across-a-metal-table-in-photo.jpg\" alt=\"Two lawyers question a seated inmate across a metal table in a dim prison interview room.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>Talk Through Your Situation With Barbieri Law Firm<\/h2>\n<p>If you&#8217;re reading this because a charge has touched someone you love, you&#8217;re likely in a frightening position you didn&#8217;t choose. You may be trying to understand the charge while you handle work, family, and daily life. You don&#8217;t need every answer before you reach out. You can <a href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">send us your case details<\/a> or call (972) 424-1902.<\/p>\n<p>If a child&#8217;s name has come up in a case involving someone you love, you don&#8217;t have to sort out the charge alone. Share your details with us, and we&#8217;ll walk through what it means for you.<\/p>\n<p><strong>Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.<\/strong> No lawyer can promise a particular outcome in any case.<\/p>\n\n<\/article>\n<footer class=\"disclaimer\"><em>Barbieri Law Firm, 17 Cowboys Way, Suite 175, Frisco, TX 75034. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Results listed are not a guarantee or indication of future case results.<\/em><\/footer>\n\n\n<div class=\"wp-block-group alignfull has-base-color has-primary-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-4d466591 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--primary,#20242e);color:var(--wp--preset--color--base,#ffffff);padding-top:3rem;padding-bottom:3rem;padding-left:1.5rem;padding-right:1.5rem\">\n<h2 class=\"wp-block-heading has-text-align-center has-base-color has-text-color\">Ready to take the next step?<\/h2>\n<div class=\"wp-block-buttons is-content-justification-center is-layout-flex wp-container-core-buttons-is-layout-0aa01211 wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div>\n\n<h2 class=\"wp-block-heading\">Related practice areas<\/h2><ul class=\"wp-block-list\"><li><a href=\"\/child-sex-crimes-defense\/\">Child Sex Crimes Defense Lawyer in Texas | Collin County Criminal Defense<\/a><\/li><\/ul>","protected":false},"excerpt":{"rendered":"<p>Accused of sexual assault of a child in Texas? Learn how the charge is defined, the penalty ranges, and how a defense is built. Call Barbieri Law Firm.<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":15,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"chg_review":"{\"v\": 1, \"checked_at\": \"2026-10-12T01:07:45+00:00\", \"checked\": true, \"jurisdiction\": \"Texas\", \"claims\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"for any term of not more than 20 years or less than 2 years\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"An offense under this section is a felony of the second degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (ii) was not: (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; \u2026\", \"sentence\": \"Sexual assault of a child is a felony, and the penalties can be severe.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"\\\"Child\\\" means a person younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (c) In this section: (1) \\\"Child\\\" means a person younger than 17 years of age. (1-a) \\\"Consent\\\" has the meaning assigned by Section 1.07. (2) \\\"Spouse\\\" means a person who is legally married to another. (3) \\\"Health care services provider\\\" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; \u2026\", \"sentence\": \"Sexual assault of a child is a felony that covers certain sexual contact or penetration with a child younger than 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"\\\"Child\\\" means a person younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (c) In this section: (1) \\\"Child\\\" means a person younger than 17 years of age. (1-a) \\\"Consent\\\" has the meaning assigned by Section 1.07. (2) \\\"Spouse\\\" means a person who is legally married to another. (3) \\\"Health care services provider\\\" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; \u2026\", \"sentence\": \"Under Texas Penal Code \u00a7 22.011, a \\\"child\\\" is anyone younger than 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"regardless of whether the person knows the age of the child at the time of the offense\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; \u2026\", \"sentence\": \"The offense applies whether or not the accused knew the child's age.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"causes the penetration of the anus or sexual organ of a child by any means\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; \u2026\", \"sentence\": \"It includes penetration of a child's anus, sexual organ, or mouth.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: \u2026\", \"sentence\": \"It also includes contact between a child's sexual organ, anus, or mouth and another person's body.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"the person intentionally or knowingly\", \"verdict\": \"supported\", \"law_text\": \"\u2026 22.011. SEXUAL ASSAULT. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; \u2026\", \"sentence\": \"The accused must act intentionally or knowingly.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"An offense under this section is a felony of the second degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (ii) was not: (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; \u2026\", \"sentence\": \"Sexual assault is a second-degree felony in many cases.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"a felony of the first degree if the victim was\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; \u2026\", \"sentence\": \"The statute also makes it a first-degree felony in certain listed situations.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"may be punished by a fine not to exceed $10,000\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"for any term of not more than 20 years or less than 2 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\", \"cite\": \"Texas Penal Code \u00a7 12.32\", \"heading\": \"FIRST DEGREE FELONY PUNISHMENT\", \"support\": \"may be punished by a fine not to exceed $10,000\", \"law_text\": \"Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.32\", \"heading\": \"FIRST DEGREE FELONY PUNISHMENT\", \"support\": \"for life or for any term of not more than 99 years or less than 5 years\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"A first-degree felony carries life or 5 to 99 years in prison, with a fine of up to $10,000.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.021\", \"cite\": \"Texas Penal Code \u00a7 22.021\", \"heading\": \"AGGRAVATED SEXUAL ASSAULT\", \"support\": \"An offense under this section is a felony of the first degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). (d) The defense provided by Section 22.011(d) applies to this section. (e) An offense under this section is a felony of the first degree. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than 10 years of age at the time the offense is committed; \u2026\", \"sentence\": \"**Aggravated sexual assault** (\u00a7 22.021) is a first-degree felony.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.021\", \"cite\": \"Texas Penal Code \u00a7 22.021\", \"heading\": \"AGGRAVATED SEXUAL ASSAULT\", \"support\": \"The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than 10 years of age at the time the offense is committed\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) The defense provided by Section 22.011(d) applies to this section. (e) An offense under this section is a felony of the first degree. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than 10 years of age at the time the offense is committed; or (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).\", \"sentence\": \"The minimum prison term rises to 25 years in listed cases, including when the victim is younger than 10.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.02\", \"cite\": \"Texas Penal Code \u00a7 21.02\", \"heading\": \"CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL\", \"support\": \"during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse\", \"verdict\": \"supported\", \"law_text\": \"\u2026 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. (a) In this section: (1) \\\"Child\\\" has the meaning assigned by Section 22.011(c). (2) \\\"Disabled individual\\\" has the meaning assigned by Section 22.021(b). (b) A person commits an offense if: (1) during a period that is 30 or more days in duration, the 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 (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: \u2026\", \"sentence\": \"**Continuous sexual abuse of a young child** (\u00a7 21.02) requires two or more acts of sexual abuse over a period of 30 or more days.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.02\", \"cite\": \"Texas Penal Code \u00a7 21.02\", \"heading\": \"CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL\", \"support\": \"(A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or (B) a disabled individual.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: (A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or (B) a disabled individual. (c) For purposes of this section, \\\"act of sexual abuse\\\" means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; \u2026\", \"sentence\": \"The victim must be a child younger than 14 or a disabled individual.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.02\", \"cite\": \"Texas Penal Code \u00a7 21.02\", \"heading\": \"CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL\", \"support\": \"An offense under this section is a felony of the first degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). (h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.\", \"sentence\": \"It is a first-degree felony.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.02\", \"cite\": \"Texas Penal Code \u00a7 21.02\", \"heading\": \"CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL\", \"support\": \"members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and (8) compelling prostitution under Section 43.05. (d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. (e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subs \u2026\", \"sentence\": \"The jury must agree that two or more acts occurred over 30 days, but jurors need not agree on which specific acts or the exact dates.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.11\", \"cite\": \"Texas Penal Code \u00a7 21.11\", \"heading\": \"INDECENCY WITH A CHILD\", \"support\": \"means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense. (c) In this section, \\\"sexual contact\\\" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. \u2026\", \"sentence\": \"**Indecency with a child** (\u00a7 21.11) covers sexual contact, including touching through clothing with intent to arouse or gratify sexual desire.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.11\", \"cite\": \"Texas Penal Code \u00a7 21.11\", \"heading\": \"INDECENCY WITH A CHILD\", \"support\": \"An offense under Subsection (a)(1) is a felony of the second degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.\", \"sentence\": \"Sexual contact is a second-degree felony.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.11\", \"cite\": \"Texas Penal Code \u00a7 21.11\", \"heading\": \"INDECENCY WITH A CHILD\", \"support\": \"an offense under Subsection (a)(2) is a felony of the third degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.\", \"sentence\": \"Exposure offenses are third-degree felonies.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.11\", \"cite\": \"Texas Penal Code \u00a7 21.11\", \"heading\": \"INDECENCY WITH A CHILD\", \"support\": \"It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense. (c) In this section, \\\"sexual contact\\\" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; \u2026\", \"sentence\": \"The statute also includes narrow affirmative defenses, such as the accused being the child's spouse.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.11\", \"cite\": \"Texas Penal Code \u00a7 21.11\", \"heading\": \"INDECENCY WITH A CHILD\", \"support\": \"It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex;\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or (B) causes the child to expose the child's anus or any part of the child's genitals. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; \u2026\", \"sentence\": \"Other defenses depend on specific age and conduct conditions.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (1) that the actor was the spouse of the child at the time of the offense; or (2) that: (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (B) the victim: (i) was a child of 14 years of age or older; and (ii) was not: (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; \u2026\", \"sentence\": \"Registration depends on the offense and how the case ends.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"(a) A person commits an offense if:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 22.011. SEXUAL ASSAULT. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; \u2026\", \"sentence\": \"The statute covers several kinds of conduct.\"}], \"languages\": [{\"code\": \"en\", \"post_id\": 356}]}","chg_sendback":"","chg_canonical":"","chg_lang":"","chg_hreflang":"","chg_jsonld":"[{\"name\": \"Sexual Assault of a Child Defense in Texas\", \"@type\": \"Service\", \"about\": [\"Texas Penal Code 22.011\", \"Sexual assault of a child\", \"Deferred adjudication\", \"Sex offender registration in Texas\"], \"@context\": \"https:\/\/schema.org\", \"audience\": {\"@type\": \"PeopleAudience\", \"audienceType\": \"Adults accused or under investigation for sexual assault of a child in Texas, and their family members researching the charge\"}, \"provider\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"speakable\": {\"@type\": \"SpeakableSpecification\", \"cssSelector\": [\"article > p:first-of-type\", \".wp-block-details p\", \"article > h1\"]}, \"areaServed\": [{\"name\": \"Texas\", \"@type\": \"State\"}, {\"name\": \"Collin County, Texas\", \"@type\": \"AdministrativeArea\"}, {\"name\": \"Dallas-Fort Worth metropolitan area, Texas\", \"@type\": \"AdministrativeArea\"}], \"description\": \"Plain-language explanation of the Texas sexual assault of a child charge under Penal Code 22.011, how these cases move through Collin County and Texas courts, what a criminal defense of the charge involves, and the potential penalties and registration consequences. The page answers common questions from accused adults and their families and invites readers to discuss a specific case with a criminal defense attorney.\", \"serviceType\": \"Criminal defense for sexual assault of a child charges\", \"author\": {\"@type\": \"Person\", \"name\": \"Heather Barbieri\", \"url\": \"https:\/\/www.barbierilawfirm.com\/attorneys\/heather-barbieri\/\", \"jobTitle\": \"Founding Attorney, Board Certified in Criminal Law, Texas Board of Legal Specialization\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\", \"https:\/\/www.linkedin.com\/in\/heather-barbieri-3880184\", \"https:\/\/www.avvo.com\/attorneys\/75034-tx-heather-barbieri-1771243.html\"]}, \"publisher\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"reviewedBy\": {\"@type\": \"Person\", \"name\": \"Carrie Thomas\", \"jobTitle\": \"Managing Attorney\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\"]}, \"inLanguage\": \"en\"}, {\"@context\": \"https:\/\/schema.org\", \"@type\": \"BreadcrumbList\", \"itemListElement\": [{\"@type\": \"ListItem\", \"position\": 1, \"name\": \"Home\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/\"}, {\"@type\": \"ListItem\", \"position\": 2, \"name\": \"Child Sex Crimes Defense\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/child-sex-crimes-defense\/\"}, {\"@type\": \"ListItem\", \"position\": 3, \"name\": \"Sexual Assault of a Child Defense Lawyer in Texas\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/child-sex-crimes-defense\/child-sex-crimes-defense-sexual-assault-of-a-child\/\"}]}]","chg_meta_description":"Accused of sexual assault of a child in Texas? Learn how the charge is defined, the penalty ranges, and how a defense is built. Call Barbieri Law Firm.","footnotes":""},"class_list":["post-356","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/356","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/comments?post=356"}],"version-history":[{"count":1,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/356\/revisions"}],"predecessor-version":[{"id":357,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/356\/revisions\/357"}],"up":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/15"}],"wp:attachment":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/media?parent=356"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}