Being charged with continuous sexual abuse of a child is a serious matter in Texas, as violating the law could result in hefty fines and a long-term jail sentence. Many questions often arise regarding this law, its defenses, and its implications for those who are found guilty. To bring clarity, our sex crime defense lawyers go over the offense below.
Georgetown Texas Defense Attorney for Continuous Sexual Abuse of a Child or Disabled Individual
Facing charges under Texas law for continuous sexual abuse of a child? If so, obtaining professional legal representation should be your priority. Don’t take chances with your future. Contact the experienced sex crime lawyers at Price & Twine, PLLC for clarity on your rights and next steps. Reach out to us at (512) 354-1880 for a confidential consultation.
Overview of Continuous Sexual Abuse of a Young Child or Disabled Individual
- Core Elements Of Continuous Sexual Abuse
- Types Of Actions Qualifying As “Sexual Abuse”
- Restrictions On Multiple Convictions
- Affirmative Defense To Continuous Sexual Abuse Of A Child
- Areas We Serve
- Additional Resources
- Frequently Asked Questions About Continuous Sexual Abuse Of A Child In Texas
Elements of Continuous Sexual Abuse
To understand how someone could be charged under this law, one has to look at Texas Penal Code Section 21.02. The law outlines three 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. A disabled individual typically refers to someone with physical or mental impairments that limit their major life activities.
It’s important to note that the law is applicable regardless of whether these acts were committed against one or multiple victims.
A violation of this law is categorized as a first-degree felony. Conviction could result in life imprisonment or a jail term ranging from 25 to 99 years.
Types of Actions Qualifying As “Sexual Abuse”
Texas law provides a 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.
In a criminal case, 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
Texas law limits 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 under Texas law involving the same alleged victim. Also, only one count can be charged against the defendant if all acts of sexual abuse were committed against a single alleged victim.
Affirmative Defense to Continuous Sexual Abuse of a Child
The law offers room for an affirmative defense under specific conditions. An affirmative defense could negate criminal liability. The first condition for an affirmative defense under this law is that the individual charged with the offense 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.
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.
The third condition is twofold. When the acts of sexual abuse occur, the actor must either not be required to be designated for life as a registered sex offender, or not be a person who has a reportable conviction or adjudication for an offense under this law or for an act of sexual abuse.
Other defenses to this law could apply based on the individual’s situation.
Frequently Asked Questions about Continuous Sexual Abuse of a Child in Texas
What Constitutes Continuous Sexual Abuse Of A Child In Texas?
Under Texas law, 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 could mean aggravated kidnapping, indecency with a child, sexual assault, and several other types of sex offenses.
What Are The Penalties For This Crime?
An offense under this law is categorized as a felony of the first degree. Conviction could result in imprisonment for 25 years to life.
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 Texas Penal Code on continuous sexual abuse of a young child or disabled individual. The law provides a description of the offense as well as the penalties.
- Section 21.02. Continuous Sexual Abuse of Young Child or Disabled Individual
- Section 22.011. Sexual Assault
Choosing a Georgetown Sex Crime Defense Lawyer | Price & Twine, PLLC
If you 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 these circumstances, having a knowledgeable and experienced lawyer by your side is important. Price & Twine, PLLC has helped countless individuals in Texas fight accusations of sex offenses. Our lawyers service Bell County, Round Rock, and surrounding areas. Sex crime lawyers at Price & Twine, PLLC are here for you and can be contacted at (512) 354-1880.