Aggravated Sexual Assault in Texas

Accused of aggravated sexual assault, or close to someone who is? This page explains the Texas law in plain terms. It is part of our guide to Dallas sexual offense defense. Peter M. Barrett has been licensed in Texas since 1994. He has tried more than 150 jury trials and is a Past President of the Dallas Criminal Defense Lawyers Association (2005). An accusation is not a conviction.

What makes a sexual assault "aggravated"

Tex. Penal Code §22.021 has two parts. The State must prove a sexual act under subsection (a)(1) and an aggravating element under (a)(2).

Part one: the act. It can be committed two ways:

• Without consent (§22.021(a)(1)(A)). Knowingly or intentionally causing sexual penetration or genital contact without the other person's consent. Under §22.021(c), "without consent" covers the situations listed in §22.011(b). These include force, threats, and knowing the person is unconscious or too intoxicated to consent. See our post on consent laws in Texas.
• With a child (§22.021(a)(1)(B)). The same kinds of acts with a child, plus certain contact with the child's anus or mouth. A child is anyone younger than 17 (§22.021(b)(1), citing §22.011(c)). Not knowing the child's age is no defense.

Part two: the aggravating element. Section 22.021(a)(2) lists these:

• causing serious bodily injury, or attempting to cause anyone's death, in the same criminal episode;
• by acts or words, placing the victim in fear of imminent death, serious bodily injury, or kidnapping of any person, or of certain trafficking offenses;
• threatening any of those harms in the victim's presence;
• using or exhibiting a deadly weapon in the same criminal episode;
• acting together with another person who commits a listed act against the same victim in the same episode;
• giving the victim a substance that can impair their ability to understand or resist the act, to make the offense easier;
• a victim younger than 14, whether or not the accused knew the age; or
• a victim who is elderly (65 or older, §22.04(c)(2)) or disabled, meaning older than 13 and substantially unable to protect or care for themselves (§22.021(b)(3)).

A listed act with a child under 14 is aggravated by itself. With a child aged 14 to 16, another aggravating element is needed. Without one, the act falls under sexual assault of a child, §22.011(a)(2).

Sexual assault vs. aggravated sexual assault

The acts are the same. The extra element changes the sentencing.

Penalties and the 25-year minimum

Section 22.021(e) makes the offense a first-degree felony. Under Tex. Penal Code §12.32, that means life or 5 to 99 years in prison, plus a fine of up to $10,000.

The age threshold changed in 2025. Before the 89th Legislature amended it, subsection (f)(1) applied only to victims younger than 6. It now covers victims younger than 10. If the alleged conduct happened before the change, ask your lawyer which version applies.

Parole, probation, and deferred adjudication

• No parole under the 25-year rule. Tex. Gov't Code §508.145(a) bars parole for a §22.021 sentence punishable under subsection (f).
• Delayed parole otherwise. Eligibility starts when actual time served equals half the sentence or 30 years, whichever is less. Good conduct time does not count, and the floor is two years (§508.145(d)).
• Late arrest adds time. Each 12 months between a post-indictment warrant and the arrest delays eligibility by three years (§508.145(d-1)).
• No judge-ordered probation after a guilty finding. Texas calls probation "community supervision." Tex. Code Crim. Proc. art. 42A.054(a)(9) bars it for this offense.
• Limited jury probation. A jury cannot recommend it if the victim was under 14 (art. 42A.056(4)) or the sentence exceeds 10 years (art. 42A.056(1)).
• Deferred adjudication. It is barred if the offense is punishable under subsection (f) or certain §12.42(c) enhancements (art. 42A.102(b)(3)(C)). It is also barred after prior community supervision for a listed sex offense (art. 42A.102(b)(2)). Otherwise, a judge must find in open court that it is "in the best interest of the victim" (art. 42A.102(a)).

Lifetime sex offender registration

A conviction or deferred adjudication for this offense is reportable (Tex. Code Crim. Proc. art. 62.001(5)(A)). Committed at 17 or older, it is a "sexually violent offense" (art. 62.001(6)(A)). The duty to register then lasts until death (art. 62.101(a)(1)). See our guide to Texas sex offender registration.

Statute of limitations

The child version, §22.021(a)(1)(B), has no limitation under Tex. Code Crim. Proc. art. 12.01(1)(B). Allegations can surface years later. For an adult complainant, article 12.03(d) gives an offense titled "aggravated" the same time limit as the primary crime. For sexual assault of an adult, that is generally 10 years (art. 12.01(2)(E)), with exceptions for untested or unmatched DNA evidence and for offenses against five or more victims. Ask a lawyer how these rules apply to your dates. More in our guide to the statute of limitations for sex crimes in Texas.

How these cases are proven

Testimony alone (art. 38.07). A conviction can rest on the alleged victim's uncorroborated testimony if they told someone within one year. That one-year rule does not apply if the alleged victim was 17 or younger, 65 or older, or a disabled adult.

Outcry witness (art. 38.072). In child cases, the first adult the child told, other than the defendant, may repeat the child's statement in court. The side offering it must give 14 days' notice with the witness's name and a written summary. The judge must find it reliable at a hearing outside the jury's presence. The child must testify or be available to testify. More than one outcry statement can come in if each describes different conduct.

Other alleged acts (art. 38.37). When the alleged victim is under 18, other alleged acts against that child can be admitted to show state of mind and the relationship. In a child case under §22.021, evidence of certain separate child sex offenses can be admitted, even on character. The judge must first hold a hearing outside the jury's presence. The judge must find the evidence adequate to support a finding beyond a reasonable doubt. The State must give 30 days' notice before trial.

Bond conditions when the complainant is a child

When the alleged victim is under 18, Tex. Code Crim. Proc. art. 17.41 requires the magistrate to bar direct contact with the child. The defendant also may not go near the child's home, school, or other places named in the bond. The magistrate may allow supervised access. These conditions override a custody or access order for up to 90 days, as the magistrate sets. Follow every condition exactly.

If police or CPS contact you

Many people first learn of an allegation when a detective or CPS caseworker asks for their side.

• Do not discuss the allegation without a lawyer. You have the right to remain silent in Texas; use it politely.
• Do not contact the complainant or the reporting person, directly or through others.
• Do not delete anything from your phone or accounts.
• Write down dates, places, and who was present, and share it only with your lawyer.

How Peter Barrett approaches these cases

The charge has two parts, so the defense tests both.

• The aggravating element. We pin down which factor the State alleges and test its proof: medical records, weapon evidence, or the child's age and the dates. That element sets the range and decides parole.
• Forensic interviews. We study how a child's recorded interview was conducted and how the account developed.
• Timeline. We rebuild schedules and when, and to whom, the allegation was first made.
• Digital records. Texts, photos, location data, and call logs can confirm or contradict an account, so we preserve them early.

Every case is different. Past results do not guarantee future outcomes. See more case results.

Common questions

This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.