Being charged with continuous sexual abuse of a child is a gravely serious matter in Texas. The state has stringent laws, detailed under Texas Penal Code Section 21.02, that set forth severe punishments for those convicted. Many questions often arise regarding this statute, its components, and its implications. To bring clarity, our sex crime defense lawyers go over the offense as well as some frequently asked questions.
Georgetown Texas Defense Attorney for Continuous Sexual Abuse of a Child or Disabled Individual
If an individual is facing charges under Texas Penal Code Section 21.02 for continuous sexual abuse of a child, professional legal representation is needed immediately. Don’t take chances with your future. Contact the experienced sex crime lawyers at Price & Twine, PLLC for professional legal counsel and representation. Reach out to us at (512) 354-1880 for a confidential consultation.
Overview of Continuous Sexual Abuse of a Young Child or Disabled Individual
- What Does The Law Say?
- Core Elements Of Continuous Sexual Abuse
- Types Of Actions Qualifying As “Sexual Abuse”
- Restrictions On Multiple Convictions
- Defenses To Continuous Sexual Abuse Of A Child Under Texas Penal Code Section 21.02
- Areas We Serve
- Additional Resources
- Frequently Asked Questions About Continuous Sexual Abuse Of A Child In Texas
What Does the Law Say?
In Texas, the issue of sexual abuse, especially when it involves minors or disabled individuals, is addressed stringently by the law. One of the primary legal frameworks for this is Section 21.02 of the Texas Penal Code, which outlines the offense of “Continuous Sexual Abuse of a Young Child or Disabled Individual.” This law is complex, comprising several elements that specify what constitutes the offense, the role of the jury in trials, and the associated penalties. In this piece, we aim to offer a detailed explanation of this crucial Texas law.
The law begins by defining who falls under the category of “Child” and “Disabled Individual.” According to Section 22.011 (c) for “Child” and Section 22.021(b) for “Disabled Individual,” these terms have specific legal meanings. Generally, a child is considered to be someone under 17 years of age, while a disabled individual refers to someone with physical or mental impairments that substantially limit one or more major life activities.
Core Elements of Continuous Sexual Abuse
To understand how someone could be charged under this law, one has to look at Section 21.02(b). This section stipulates three critical conditions that must be met:
- The defendant must commit 2 or more specific acts of sexual abuse within a 30-day period or longer.
At the time of each act of sexual abuse, the defendant must be 17 years or older. - The alleged victim in question must either be a child younger than fourteen or a disabled
individual.
It’s important to note that the law is applicable regardless of whether these acts were committed against one or multiple alleged victims.
Types of Actions Qualifying As “Sexual Abuse”
The law under Section 21.02(c) provides an exhaustive list of offenses considered as acts of sexual abuse. These include offenses like aggravated kidnapping, indecency with a child, sexual assault, aggravated sexual assault, and even specific types of burglary and human trafficking, among others. Each of these is governed by different sections of the Texas Penal Code, ranging from Section 20.04(a)(4) to Section 43.05.
A unique aspect of this law is its approach toward jury deliberations, as outlined in Section 21.02(d). The jurors are not required to be in unanimous agreement about which specific acts of sexual abuse were committed or their exact timing. The only unanimous agreement required is that the defendant did commit 2 or more acts of sexual abuse during a period lasting 30 or more days.
Restrictions on Multiple Convictions
Section 21.02(e) and (f) limit the conditions under which a defendant can face multiple convictions involving the same alleged victim. For instance, one cannot be convicted of a separate offense listed under Section 21.02(c) involving the same alleged victim unless certain conditions are met. Also, only one count can be charged against the defendant if all acts of sexual abuse were committed against a single alleged victim.
In Addition, The penalties for breaking this law are severe. As per Section 21.02(h), it’s categorized as a first-degree felony. Conviction could result in life imprisonment or a jail term ranging from 25 to 99 years.
Defenses to Continuous Sexual Abuse of a Child under Texas Penal Code Section 21.02
Affirmative Defense Provisions In Section 21.02
The law offers room for an affirmative defense under specific conditions. These conditions are laid out in Section 21.02(g) and apply only when the prosecution involves one or more alleged victims described by Subsection 21.02(b)(2)(A), which means the alleged victim or alleged victims are children younger than fourteen years of age. The affirmative defense is not applicable when the alleged victim is a disabled individual.
Age Gap Criteria
The first criterion for an affirmative defense is that the actor cannot be over 5 years older than the alleged victim. If there are multiple alleged victims, this age gap applies to the youngest alleged victim.
Absence Of Force, Duress, Or Threats
The second condition for an affirmative defense is that the accused did not use threats, duress, or force on the alleged victim during any of the specific acts of sexual abuse that form the basis of the charge.
Sex Offender Status
- The third condition is twofold. When the acts of sexual abuse occur, the actor must either:
- Not be required under Chapter 62 of the Code of Criminal Procedure to be designated for life as a registered sex offender.
Not be a person who has 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 21.02(c).
Frequently Asked Questions about Continuous Sexual Abuse of a Child in Texas
What Constitutes Continuous Sexual Abuse Of A Child In Texas?
Under Texas Penal Code Section 21.02, a person is considered to commit continuous sexual abuse of a child if, over a period of 30 or more days, they engage in 2 or more specific acts of sex abuse. The alleged victim must either be a child under fourteen or a disabled individual.
What Is Considered An “Act Of Sexual Abuse”?
An act of sexual abuse is defined as any act that violates various penal laws such as aggravated kidnapping, indecency with a child, sexual assault, and several others as laid out in Section 21.02(c).
What Are The Penalties For This Crime?
An offense under this section is categorized as a felony of the first degree. Conviction could result in imprisonment for life or for a term of not more than 99 years or less than 25 years.
Are There Any Defenses?
Yes, the statute provides for an affirmative defense, but this is limited to situations where the alleged victim is a child younger than 14 years. Several criteria, including the age gap between the actor and the alleged victim and the absence of force, must be met.
Can A Person Be Charged For Multiple Counts Under This Statute?
No, a defendant cannot legally be charged or face more than 1 count concerning Subsection 21.02(b) given that all of the specified asexual abuse acts were alleged to be committed on one single alleged victim.
Areas We Serve
We service cities in Williamson County such as:
- Cedar Park
- Georgetown
- Leander
- Round Rock
- Taylor
- Hutto
- Liberty Hill
We also service cities in Bell County such as:
Additional Resources
View the full text of the chapter of the Texas Penal Code dedicated to continuous sexual abuse of a young child or disabled individual. Each statute provides a description of the offense as well as applicable penalties. Certain laws also include notes of amendments that modify the statutes.
Choosing a Georgetown Sex Crime Defense Lawyer | Price & Twine, PLLC
If you or a loved one have been charged with continuous sexual abuse of a child in Texas, the stakes couldn’t be higher. Your future, reputation, and freedom are on the line. In such high-risk circumstances, having knowledgeable and experienced legal representation is essential. In addition, we service Bell County, Round Rock, Texas, and surrounding areas. Sex crime lawyers at Price & Twine, PLLC are here for you. Call Price & Twine to begin your defense today at (512) 354-1880.