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What Is Sexual Assault of a Child in Texas?

Published: May 08, 2021 in Child Sex Crimes, Sex Crimes, Sex Crimes Involving Children

Texas takes a tough stance on sex crimes. And it takes sex crimes that involve children even more seriously.

Many people who find themselves charged with this offense lose hope. They think there is no way to fight back – much less get it dropped. But there may be a way to avoid prison and fines. Fighting your charge with the help of an experienced sex crimes defense lawyer could be your way out.

Understanding Sexual Assault of a Child Charges

Getting charged with a sex crime is disorienting. But it’s essential to understand the allegations. From there, you can plan your defense.

Sexual assault of a child in Texas is covered under Texas Penal Code, Section 22.011. It has a couple of basic elements:

  • The alleged victim was younger than 17
  • The act involved sexual penetration

Keep in mind that consent does not play a role. By law, a minor cannot legally consent to sexual activity.

This simple definition covers a wide variety of scenarios. Any situation that involves sexual activity with a child could lead to sexual assault of a child.

Penalties for Sexual Assault of a Child

Sexual assault of a child is a second-degree felony in Texas. Here are the penalties you face if convicted:

Keep in mind that certain factors, such as the alleged sexual assault of a child younger than six years old, could enhance this charge. In such a case, you would receive an “aggravated” sexual assault of a child charge. Assaulting a child younger than 6-years-old means a minimum of 25 years in prison.

On top of these, you face trouble getting jobs or finding housing, strained relationships with family, friends, and coworkers, loss of your Second Amendment gun rights, and the loss of custody of your children.

You Have a Right to a Defense

Facing penalties like these is enough to make you want to give up. But giving up now would waste your chance to build a defense against your charge. And in Texas, you have a right to a defense – no matter what you are facing.

Our justice system only works when everyone has access to a strong legal defense. And the prosecution must build a strong case against you to convict you of sexual assault of a child. Any holes in the prosecution’s case or exceptions to the law could set you free.

Everything from false accusations and misunderstandings to mishandling of evidence and violating your rights could help you beat your charge.

Work With a Sex Crimes Attorney

Experience and prior success matter a lot in sex crime cases. The right sex crimes defense lawyer can ensure you have the strongest possible defense against a Texas sexual assault of a child charge.

Your lawyer can help you gather evidence the supports what you say happened, build a compelling argument, find holes in the prosecution’s argument, interview witnesses and experts, and fight hard for you in court.

Get in Touch With The Law Offices of Ned Barnett

Facing the charge of sexual assault of a child in Texas? Your situation is serious, but you have options. There may be hope.

To discuss them and your best course of action, schedule a free consultation with The Law Offices of Ned Barnett. With more than two decades of experience a long track record of getting results for his clients, call (713) 222-6767 or contact us online.