Yes, sexual assault is a felony in Texas. The level of felony charge you face depends on the circumstances of the alleged incident.
Our Houston sexual assault lawyer breaks down what you can expect here.
Sexual Assault Charges in Texas
Under Penal Code Chapter 22.011, you typically face a second-degree felony charge for sexual assault. In some cases, you could face a lower charge of a state jail felony or an elevated charge of a first-degree felony.
When Sexual Assault Is a Second-Degree Felony Charge
Sexual assault is a second-degree felony in most cases. Essentially, if another party alleges you had any form of non-consensual sexual contact with them, you could face this charge.
When Sexual Assault Is a State Jail Felony Charge
Sexual assault is a state jail felony if the alleged offender penetrated the other person’s anus or sexual organ with reproductive material that the other person did not consent to use during a procedure.
When Sexual Assault Is a First-Degree Felony Charge
Sexual assault is a first-degree felony if you were accused of sexually assaulting someone who you are prohibited from marrying, such as your child, grandchild, sibling, parent, niece, nephew, or cousin. You can also face first-degree felony charges for aggravated sexual assault.
Penalties for a Sexual Assault Conviction
The penalties you face depend on the charges.
State Jail Felony
- 180 days to two years in state jail
- Up to $10,000 fine
Second-Degree Felony
- 2 to 20 years in prison
- Up to $10,000 fine
First-Degree Felony
- 5 to 99 years in prison
- Up to $10,000 fine
Sex Offender Registry
If you are convicted of sexual assault or aggravated sexual assault, you must register as a sex offender. You will need to give them your name, birthday, race, sex, height, weight, social security number, driver’s license number, any known aliases, address/location where you plan on living or staying, and more.
Any time you move, you will need to notify law enforcement of your change of address. You will likely also have limitations on where you can live.
How Texas Defines Sexual Assault
Under Texas law, sexual assault occurs when a person “intentionally or knowingly” and without consent:
- Penetrates another person’s anus or sexual organ “by any means”
- Penetrates another person’s mouth with their sexual organ
- Touches or penetrates another person’s sexual organ, anus, or mouth with their (or another person’s) sexual organ
Sexual assault also includes:
- The penetration of a child’s anus or sexual organ by any means
- Contact between the alleged offender’s sexual organ and a child’s mouth
- Causing the penetration of a child’s mouth by the offender’s or another person’s sexual organ
- Causing a child’s sexual organ to penetrate the offender’s or another person’s anus, mouth, or sexual organ
- Causing a child’s anus to contact the offender’s or another person’s anus, mouth, or sexual organ
- Causing a child’s mouth to contact the offender’s or another person’s anus or sexual organ
Not knowing the age of the child is not a defense.
Aggravated sexual assault involves:
- Causing serious bodily injury or attempting to kill someone in the course of the sexual assault
- Using or exhibiting a deadly weapon during the assault
- Sexually assaulting a child younger than 14, regardless of whether or not you knew their age
- Sexually assaulting an elderly person or someone with a disability
- Drugging the person so they cannot resist or are unaware of the assault
- Threatening to traffic or kidnap the person
- Threatening to cause serious bodily injury or kill the person
How Texas Defines Consent
Under this statute, an alleged offender does not have consent if:
- They compelled the person to participate or submit through force, violence, or coercion (or a real threat of violence or force).
- They compelled the person to submit or participate by threatening to harm another person.
- They know the other person has not consented and is unable to give consent (e.g., unconscious or otherwise physically unable to resist) or are unaware the act is occurring.
- They drugged the other person without their knowledge.
- They know that the person either does not know the assault is happening or that they are unable to resist it due to “mental disease or defect.”
- They are a public servant and used their power to coerce the person.
- They are a mental health or health care provider who exploited the person’s emotional dependency to get them to submit or participate.
- They are a clergyman, coach, or tutor who used their power and the person’s emotional dependency to coerce them into submitting or participating.
- They are employed at a facility at which the other person is a resident (and they are not married to each other).
- They are a health care provider who used reproductive material from a donor that the person had not consented to use.
- They are the other person’s caregiver and used their power to exploit the person into submitting or participating.
What Is the Age of Consent in Texas?
The age of consent in Texas is 17. This means that a child who is 16 years old or younger cannot consent. Any sexual contact will be seen as a criminal offense.
Defenses We Can Use Against Sexual Assault Charges
There are several different defenses we can use against sexual assault charges in Texas, including:
- Alibi: If we can establish that you were somewhere else at the time of the alleged assault, we can get your charges dropped.
- False allegation: We may be able to get the alleged victim to admit to filing a false allegation.
- Consent: We may be able to establish consent via text messages or video.
- Romeo and Juliet law: Sometimes, the older person in a relationship is charged with sexual assault because they are technically an adult while their partner is a minor. If we can establish that you and the alleged victim were in a consensual relationship and you are not more than three years older than your partner, the charges could be dropped.
Sexual Assault Charges Are Felony Charges. Don’t Risk Your Future
A Houston sexual assault lawyer is here, ready to protect your freedom and future. Call Blass Law today to get started.