Defending Against Sexual Assault of a Child Charges in Texas
Have you been accused or charged with Sexual Assault of a Child or Child Molestation in Houston? If so, you need an experienced and aggressive defense to protect your rights and ensure that no critical details are overlooked in your case. Board Certified attorney Grant Scheiner has been successfully defending individuals accused of Sexual Assault and related charges since 1992.
His legal team meticulously reviews every aspect of a case to develop a powerful defense strategy. If you are facing Sexual Assault of a Child charges, contact Scheiner Law Group, P.C. immediately for a confidential case evaluation.
What Is Sexual Assault of a Child?
This offense is sometimes called child molestation, statutory rape, child sex abuse, or sex with a minor. One of the more common scenarios involves an adult accused of engaging in consensual sex with a minor between 14 and 16 years old. In Texas, the legal age of consent is 17, meaning any sexual activity with a minor under 17 can lead to serious criminal charges.
(For the lesser-known offense of Sexual Performance by a Child under Tex. Pen. Code Section 43.25, a person “commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.”)
Under Texas law, Sexual Assault of a Child occurs when a defendant knowingly and intentionally engages in sexual activity with a minor, regardless of consent. A conviction can have devastating lifelong consequences, including prison time, mandatory sex offender registration, and restrictions on employment, housing, and civil rights.
If you are being investigated for Sexual Assault of a Child, it is critical to seek immediate legal representation. Law enforcement and agencies such as Child Protective Services (CPS) aggressively investigate these cases, and any statement you make can be used against you. Consult with a skilled attorney before speaking to investigators.
When Does Consent Not Apply?
In Texas, a minor cannot legally consent to sexual activity with an adult, and the following aggravating factors may increase the severity of charges:
✔ The accused is a member of the clergy, a public servant, a healthcare provider, or in a position of power over the minor.
✔ The accused is employed at the facility where the victim resides (e.g., a school, treatment center, or correctional facility).
✔ The accused used their position of authority to exploit the victim.
Penalties for Sexual Assault of a Child in Texas
Under Texas Penal Code § 22.011, Sexual Assault of a Child under age 17 is generally classified as a Second-Degree Felony, punishable by:
✔ 2 to 20 years in prison
✔ Up to a $10,000 fine
✔ Lifetime sex offender registration
However, the offense may be elevated to a First-Degree Felony, depending on circumstances (for example, if the alleged victim was under 14, was an elderly or disabled person, or the defendant allegedly used or exhibited a deadly weapon.) In such instances, the offense is punishable by:
✔ 5 to 99 years or life in prison
✔ Up to a $10,000 fine
✔ Mandatory lifetime sex offender registration
If the alleged victim of the offense is younger than six years of age at the time the offense is committed, or if the alleged victim is under 14 and certain special circumstances apply (such as the actor’s use of a deadly weapon, or, “with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act”), the crime may be punishable by 25-99 years in prison, without the possibility of parole.
Additionally, any version of Sexual Assault of a Child is considered a “3g” offense under Tex. Code Crim. Proc. Art. 42A.054, meaning:
✔ No early parole eligibility – A person convicted must serve at least 50% of their sentence before becoming eligible for parole.
✔ No regular probation – A judge cannot grant standard community supervision. However, deferred adjudication supervision may be available in certain cases.
What Must the Prosecution Prove?
In most instances, in order to convict someone of Sexual Assault of a Child, the prosecution must prove that:
✔ The complainant was under 17 years old at the time of the alleged offense.
✔ The accused engaged in penetration of the complainant’s sexual organ, anus, or mouth by any object or sexual organ.
✔ There was contact between the complainant’s sexual organ or anus and another person’s sexual organ, anus, or mouth.
Potential Defenses to Sexual Assault of a Child
Each case is unique, and several legal defenses may apply, including:
✔ Marriage Exception – If the complainant and accused were legally married at the time of the offense.
✔ Age Difference Exception – If the complainant was at least 14 years old, not legally prohibited from marrying the accused, and the accused was no more than three years older.
✔ Lack of Intent or Knowledge – If the accused did not knowingly engage in the alleged conduct.
✔ False Allegations – If the accusation was made out of revenge, coercion, or misunderstanding.
✔ Insanity Defense – If the accused lacked mental capacity at the time of the offense.
Aggravated Sexual Assault of a Child in Texas
Certain “aggravating” factors can elevate Second-Degree Sexual Assault of a Child to First-Degree Aggravated Sexual Assault of a Child, punishable by 5-99 years or life in prison. These aggravating factors include:
✔ The complainant was under 14 years old.
✔ The accused used or exhibited a deadly weapon.
✔ The accused did not act alone in the offense.
✔ The accused caused serious bodily injury or attempted murder.
✔ The accused used a controlled substance such as Rohypnol or Ketamine to facilitate the offense.
Failure to Stop or Report Aggravated Sexual Assault of a Child
Under Texas Penal Code § 38.17, individuals who witness certain crimes against children, including continuous sexual abuse of a young child or an aggravated sexual assault of a child may face criminal charges if they fail to assist the child or immediately report it to law enforcement, when they could do so without placing themselves in danger of death or serious bodily injury.
This offense is a Class A misdemeanor, punishable by:
✔ Up to one year in county jail
✔ A fine of up to $4,000
✔ Both jail time and fines
If you are accused of failing to report child sexual abuse, we recommend that you do not speak to law enforcement without consulting an attorney first.
Protect Your Rights – Contact a Top Houston Sex Crimes Defense Lawyer
Being accused of Sexual Assault of a Child is one of the most serious legal situations anyone can face. If convicted, the consequences are life-altering. However, an accusation is not a conviction. Scheiner Law Group, P.C. has extensive experience defending individuals against sex crime allegations and will aggressively fight to protect your future.
Call 713-783-8998 Now for a Confidential Case Review