There are three types of sexual assault in Texas: sexual assault, aggravated sexual assault, and “super” aggravated sexual assault – a charge that exclusively applies to attacks involving children.

The penalties increase based on the type of charge you face, but what criteria make an assault “aggravated” or even “super aggravated?” Let’s take a look.

What is Aggravated Sexual Assault in Texas?

Texas Penal Code section 22.011 generally defines sexual assault as unwanted, non-consensual sexual contact that involves penetration.

Texas Penal Code Section 22.021 lists additional factors that elevate a sexual assault to an “aggravated” sexual assault. Factors that increase the severity of the offense include:

• Use or display of a weapon
• Serious bodily injury
• Attempted murder
• Kidnapping or human trafficking threats
• Elderly or disabled victims
• Victims under the age of 14
• Use of a date rape drug

For example, a Travis County man was convicted of aggravated sexual assault in connection with a sexual assault of a 24-year-old woman with severe epilepsy and cerebral palsy.

How is Aggravated Sexual Assault Different from Sexual Assault?

	Sexual assault	Aggravated sexual assault
Typical charge	Second-degree felony	First-degree felony
Prison time	Two to 20 years in prison	Five to 99 years in prison
Definition	An intentional, non-consensual act that includes sexual contact or penetration	Must include an aggravating factor that can include the threat of violence or age of the victim.
Maximum fine	Up to $10,000	Up to $10,000
What is the statute of limitations in Texas?	Typically ten years, but none if an offense involves a child, a serial offender, or unresolved DNA testing	Typically ten years, but none if an offense involves a child, a serial offender, or unresolved DNA testing
Sex offender registration requirement	Yes	Yes
Is deferred adjudication available?	Yes, in some circumstances	Yes, in some circumstances
Probation eligibility	There is no probation if the sentence is ten years or more or if the victim is younger than 14	No probation if the sentence is ten years or more or if the victim is younger than 14

Aggravated Sexual Assault of a Child

In 2007, Texas lawmakers passed House Bill 8, also called the Jessica Lunsford Act. It was named after a 9-year-old girl in Florida after she was sexually assaulted and murdered by a convicted sex offender. It enhanced penalties for acts involving children and created a “super” designation that may apply based on the child’s age.

Aggravated sexual assault of a child applies to any sexual assault with aggravating factors that are explicitly committed against someone under the age of 17.

For example, a Grimes County man pleaded guilty to aggravated sexual assault of a child after the Grimes County Sheriff’s Office learned he had fathered two children with an underage girl. An investigation showed the abuse began when the girl was younger than 14. DNA confirmed that he was the father.

Penalties: It is generally a first-degree felony with a maximum sentence of 5 to 99 years in prison, a maximum fine of $10,000, and lifelong sex offender registration. Enhanced penalties are possible and are typically based on the victim’s age or previous convictions. 

Super Aggravated Sexual Assault of a Child

If a victim of sexual assault is younger than six or under age 14 with an aggravating factor, the charges are elevated to “super” aggravated sexual assault against a child. This is one of the most serious charges you can face, and if charged, you should seek immediate legal help. 

For example, a former teacher in Baytown, Texas, was charged with “super aggravated sexual assault of a child under 6 years of age” for an incident that is alleged to have occurred at a daycare owned by his wife. 

Probation and deferred adjudication are not available if you’re convicted of super-aggravated sexual assault.

Penalties: This carries a minimum of 25 years in prison with no possibility of parole and lifetime sex offender registration. 

Statistics: Sexual Assault in 2022

Offense	Count	Total %
Continuous sexual abuse of a child under 14	480	2.29%
Indecency with a child by contact	3,639	17.35%
Indecency with a child by exposure	272	1.3%
Sexual assault	12,881	61.4%
Aggravated sexual assault	3,636	17.33%
Sexual performance by a child	72	.34%

Texas Sex Assault Victims by Age

In 2022, 90% of sexual assault victims were female, while 10% were male. 

Source: Texas Department of Public Safety 2022 Crime Report

Sexual Assault in Texas’ Largest Counties

Sexual assault of a child charges are significantly more common in all five of Texas’ largest counties: Bexar, Dallas, Harris, Tarrant, and Travis.

Texas Consent Laws

Though the age of consent in Texas is typically 17, there is no specific law that establishes a minimum age of consent for sexual activity. Different acts have different age requirements. Depending on the specific statute, offenses listed in the Texas Penal Code generally prohibit engaging in sexual conduct with anyone under 17 or 18 years old.

If you’re legally considered an adult and you have sex with a minor, you could face statutory rape charges. There are, however, some exceptions in consensual cases if both parties are similar in age. These are referred to as “Romeo and Juliet” laws.

Even if you don’t know the minor’s age at the time of the act – or the minor has lied to you – you are still at risk of criminal charges.

Defenses Against Aggravated Sexual Assault

If you’re facing aggravated sexual assault charges, you need to contact an experienced criminal defense attorney as quickly as possible. We need to start building your defense immediately. 

Some of the strategies we can investigate include:

• Consent
• Mistaken identity
• False accusations
• Lack of evidence
• Alibi
• Police misconduct
• Police procedural errors

Do you still have questions? Contact us today to set up a free consultation.