{"id":964,"date":"2026-10-18T00:22:31","date_gmt":"2026-10-18T00:22:31","guid":{"rendered":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/what-is-considered-a-sex-crime-in-texas\/"},"modified":"2026-10-29T02:25:16","modified_gmt":"2026-10-29T02:25:16","slug":"what-is-considered-a-sex-crime-in-texas","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/what-is-considered-a-sex-crime-in-texas\/","title":{"rendered":"What Is Considered a Sex Crime in Texas? | Barbieri Law Firm"},"content":{"rendered":"\n
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What Is Considered a Sex Crime in Texas?<\/h1>\n

In Texas, a sex crime is defined by a specific Penal Code offense, and each one has its own elements. Heather Barbieri and our team explain what the charge means and how it applies to your situation.<\/p>\n

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By Heather Barbieri \u00b7 Published October 17, 2026<\/p>\n\n

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What is considered a sex crime in Texas? A sex crime is an offense where the alleged conduct involves sexual contact, sexual intercourse, or sexual communication, in person or online. Texas does not use one label for all of them.<\/p>\n

Which offenses fall under Texas sex crime law?<\/h2>\n

The Texas Penal Code’s offense of Online Solicitation of a Minor<\/a> applies to a person who is 17 years of age or older and who acts with intent to commit a listed offense over the Internet or through electronic messaging. The Texas Penal Code’s offense of Possession or Promotion of Child Pornography<\/a> defines a “depiction of a child” to include an image of a person who was younger than 18 years of age at the time the image was made.<\/p>\n

It helps to sort these offenses into four groups. The first group involves adults, such as sexual assault and aggravated sexual assault. The second involves children, such as indecency with a child. The third covers online conduct. The fourth includes other sexual offenses, such as public lewdness and indecent exposure.<\/p>\n

Each group turns on a few key facts: consent, age, force, and whether the conduct happened online. For an overview of the firm’s work in this area, see the online sex crimes defense page<\/a>.<\/p>\n\n

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If a message, a notice, or a charge has you wondering what it means for you or someone you love, our team is ready to listen and explain your options. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What separates sexual assault from aggravated sexual assault?<\/h2>\n

Sexual assault is the base offense. Aggravated sexual assault adds a more serious circumstance to the same kind of conduct.<\/p>\n

Under Penal Code \u00a7 22.011<\/a>, a person commits sexual assault by intentionally or knowingly causing penetration of another person’s anus or sexual organ without that person’s consent. The statute also covers penetration of the mouth and certain contact involving the sexual organ. Conduct involving a child is covered regardless of whether the actor knows the child’s age.<\/p>\n

Examples include causing serious bodily injury, using a deadly weapon, threatening death or serious harm, acting with another person, or giving a substance to impair the victim. The offense also applies when the victim is younger than 14, or is an elderly or disabled individual.<\/p>\n

Aggravated sexual assault is a first-degree felony. The minimum prison term rises to 25 years when the victim is younger than six years of age (Penal Code \u00a7 22.021(f)). It also rises when the victim is younger than 14 and the offense happens in one of the ways the statute lists.<\/p>\n

How does Texas define consent in these cases?<\/h2>\n

This article covers only some of the circumstances that Texas Penal Code \u00a7 22.011(b) describes as without consent; the statute contains others. Under Penal Code \u00a7 22.011(b), the sexual assault statute says the conduct is without consent when the actor:<\/p>\n