Sexual assault of a minor is an extremely serious offense to be accused of in the State of Texas. A conviction can not only land you a lengthy prison sentence, but also lifetime registration as sex offender. The negative stigma of being a registered sex offender can affect everything from employment options, to where you can live, to even personal relationships. This is why is it imperative to you a hire an aggressive criminal defense attorney to protect your

If you are accused of sexual assault of a minor, do not speak to the police in this situation. Instead, reach out to Barton & Associates Attorneys At Law, PLLC, as soon as possible. Our team of aggressive defense attorneys will develop the strongest defense strategy available in your case. Contact us right away to learn more.

Understanding Sexual Assault of a Minor

The definition for sexual assault of a minor can be found in section 22.011(a)(2) of the Texas Penal Code:

(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Victim was a Child

To be convicted of sexual assault, the State must prove that the victim meets the statutory definition of a child, which under Texas law is defined as someone under the age of 17. Note: While 17 in the minimum age to consent to sexual relations in Texas, sexually explicit photos of anyone under the age of 18 is still considered child pornography.

Mistake of Age is Not a Defense

While the State is required to show that you acted intentionally or knowingly with the respect of your conduct, there is no requirement that the State prove knew the victim’s age. In other words, even if you genuinely believed the victim was above the age of consent, you can still be found guilty if you had sexual contact with them.

No Statute of Limitations

Unlike most criminal offenses, sexual assault of a child does not have a statute of limitations in Texas, meaning a person may be prosecuted for this offense at any time.

Punishment

In general, this crime is treated as a second-degree felony. This type of offense has a wide range of potential penalties. You could be sentenced to between two and 20 years in prison on top of a $10,000 fine. However, it can be increased to a first-degree under certain circumstances, such as if the victim is a family member. If convicted of a first-degree felony you could face up to life in prison. You will also be required to register as a sex offender in the city or county where you reside.

Possible Defense Options

While mistake of age is not a defense, there are other defenses Texas law recognizes.

Spouse

It is a defense to prosecution if the Defendant can provide evidence that the Child was their spouse.

“Romeo and Juliet” Law

While under Texas law, a person under 17 years of age cannot legally consent to sexual activity, the law recognizes that young people near the age of consent often have sexual relations. Therefore, a person can avoid prosecution if the child and the Defendant are within three years of age. Note: this is calculated from the Child’s birthday to the Defendant’s birthday. If the Defendant is 3 ½ years older than the Child, this defense will not be available.

Medical Care

A person can avoid prosecution if they can show that they were providing medical care for the child and the medical care did not involve the contact between the mouth, anus, or sexual organ of the child and the mouth, anus, or sexual organ of the Defendant or Third-Party.

Talk to an Attorney About a Sexual Assault of a Minor Charge

Anyone charged with sexual assault of a minor is in serious legal jeopardy. If you have been arrested on this charge, now is the time to seek legal counsel. A strong defense strategy could help you avoid a conviction and keep your reputation intact.

At Barton & Associates Attorneys At Law, PLLC, we know what is at stake when these serious allegations are made. Instead of attempting to represent yourself in court, reach out to our firm as soon as possible for a private consultation.