Continuous Sexual Abuse of a Child in Texas

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

What Texas Penal Code §21.02 makes a crime

The statute's full name is Tex. Penal Code §21.02, Continuous Sexual Abuse of Young Child or Disabled Individual. Under §21.02(b), a person commits the offense when all of these are true:

• Two or more acts of sexual abuse, against one victim or more than one.
• A period of 30 or more days in which the acts happen.
• The accused is 17 or older at the time of each act.
• The alleged victim is a child younger than 14 or a disabled individual. For a child, it does not matter whether the accused knew the child's age.

A "disabled individual" is defined in §22.021(b). It means a person older than 13 who is substantially unable to protect themselves from harm or to provide their own food, shelter, or medical care. The cause must be age or a physical or mental disease, defect, or injury.

The listed acts of sexual abuse

Section 21.02(c) defines an "act of sexual abuse" as a violation of one or more of these laws:

See our pages on indecency with a child and aggravated sexual assault.

What the jury has to agree on

Under §21.02(d), jurors do not have to agree unanimously on which specific acts of sexual abuse the defendant committed. They also do not have to agree on the exact dates.

They must agree unanimously on something narrower. The defendant committed two or more acts of sexual abuse during a period of 30 or more days. That makes the alleged period itself a central question.

Limits on charging the same acts twice

• Same victim, same case. A defendant may not be convicted in the same case of a listed offense against the same victim. Exceptions: it was charged in the alternative, occurred outside the alleged period, or is found to be a lesser included offense (§21.02(e)).
• One count per single victim. If all alleged acts involve one victim, only one count under §21.02(b) may be charged (§21.02(f)).

Sentence, parole, and probation

The general first-degree range starts at 5 years (§12.32(a)). Section 21.02(h) sets a 25-year minimum for this offense. Texas calls probation "community supervision." Neither a judge nor a jury can grant it with a sentence over 10 years.

Section 21.03: two or more victims

A related offense, Tex. Penal Code §21.03, is titled Continuous Sexual Abuse. It covers two or more acts of sexual abuse against two or more victims during a period of 30 or more days (§21.03(a)). The accused must be 17 or older. As written, it sets no age for the victims and uses the same list of acts as §21.02.

• Grade. First-degree felony (§21.03(g)), with a general range of 5 to 99 years or life (§12.32(a)).
• Jury. Jurors need not agree on specific acts or dates (§21.03(c)).
• Probation. Judge-ordered community supervision after a guilty finding is barred (art. 42A.054(a)(6-a)). So is deferred adjudication (art. 42A.102(b)(3)(B)).
• Registration. Lifetime (arts. 62.001(6)(A), 62.101(a)(1)).

The current parole statute carries three 2025 versions, and only one lists §21.03. This page does not state a parole rule for it.

The close-in-age defense, as written

Section 21.02(g) creates an affirmative defense. It applies only when every alleged victim is a child younger than 14. As written, it applies if the accused:

• was not more than five years older than the victim (or the youngest victim, if more than one);
• did not use duress, force, or a threat against a victim during any alleged act; and
• when the acts occurred, was not required under Chapter 62 to register for life, or had no reportable conviction or adjudication for this offense or a listed act.

With the accused at least 17 and the child under 14, the age gap it covers is narrow.

No statute of limitations

Tex. Code Crim. Proc. art. 12.01(1)(D) lists this offense among the felonies with no limitation. An indictment can come years later. See our guide to the statute of limitations for sex crimes in Texas.

Lifetime sex offender registration

Continuous sexual abuse committed by a person 17 or older is a "sexually violent offense" (art. 62.001(6)(A)). With a reportable conviction for a sexually violent offense, the duty to register ends only at death (art. 62.101(a)(1)). Read more about Texas sex offender registration.

How these cases are proven

Testimony without corroboration (art. 38.07)

A conviction under Chapter 21 can rest on the alleged victim's testimony alone. Normally the person must have told someone within one year. That rule does not apply if the alleged victim was 17 or younger.

The outcry witness rule (art. 38.072)

The "outcry witness" may repeat the child's statement in court. That is the first person 18 or older, other than the defendant, whom the child told. The side offering it must give 14 days' notice with the witness's name and a written summary. The judge must find the statement reliable at a hearing outside the jury's presence. The child must testify or be available to testify. More than one statement can come in if each describes different conduct.

Other alleged acts (art. 38.37)

Article 38.37 names §21.02 directly. Other alleged acts against the same child can be admitted on issues such as state of mind and the relationship. Evidence of certain separate child sex offenses can be admitted even on character. First, the judge must 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 notice at least 30 days before trial.

Bond conditions when the accuser is a child

When the alleged victim is younger than 18, Tex. Code Crim. Proc. art. 17.41 sets required bond conditions. The defendant may not directly communicate 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. A condition that conflicts with a custody or access order controls for up to 90 days, as the magistrate sets. Follow every condition exactly.

What to do 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, including with police, CPS, or family. You have the right to remain silent in Texas; use it politely.
• Do not contact the child or the person who reported, 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

This charge covers a period of time, not one event. The work usually starts in three places:

• Timeline. We rebuild the alleged period: where everyone lived, custody and school schedules, travel, and work shifts. We also track when and to whom the allegation was first made.
• Forensic interview review. If the child gave a recorded interview, we study how questions were asked and how the account developed.
• Digital records. Texts, social media, photos, location data, and call logs can confirm or contradict an account. We move to preserve them early.

A careful defense tests the evidence without attacking the child or the family.

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.