Facing Accusations of Continuous Sexual Abuse of a Child in Houston, TX?
An allegation of continuous child abuse under Texas Penal Code Section 21.02 is one of the most severe charges you can face in Harris County. Because law enforcement and prosecutors treat these cases with extreme urgency, standing accused immediately places your freedom, family, and reputation at risk. Our legal team at John T. Floyd Law Firm is prepared to defend your rights in court, provide you with the legal assistance you need, and listen to your side of the story. Ensuring a top-notch defense lawyer is how the best possible outcomes can be reached.
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Due to the catastrophic nature of these charges and the severe mandatory penalties involved, there is no room for error in your legal strategy. Here at John T. Floyd Law Firm, you can count on a reliable team that knows how to build solid defenses against these accusations. |
Continuous Sexual Abuse of a Child: Texas Penal Code Section 21.02
The offense of continuous abuse of a child is codified under Section 21.02 of the Texas Penal Code. This statute was specifically enacted to make it easier for prosecutors to secure convictions in cases alleging multiple incidents over an extended period.
- Continuous conduct requirement: prosecutors must prove that the accused committed two or more acts of alleged abuse against a child under 14 years of age over a timeframe of 30 days or more.
- Jury unanimity exemption: unlike standard criminal cases where the jury must unanimously agree on the exact date and time of a single specific act, Section 21.02 allows a jury to convict if members agree that continuous conduct occurred, without agreeing on which specific underlying acts place.
- High burden of proof: the State still holds the heavy burden of proving every statutory element beyond a reasonable doubt, creating vital opportunities for a skilled defense team to dismantle unreliable testimony and flawed evidence.
Penalties and Consequences of a Conviction in Houston, Texas
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Legal Aspect |
Statutory Penalty and Restrictions under Texas Law |
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Felony Classification |
Super-Aggravated First-Degree Felony |
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Prison Sentence |
Mandatory minimum of 25 years up to 90 years of Life Imprisonment |
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Probation or Deferred Adjudication |
Not eligible for probation or deferred adjudication under Texas law |
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Sex Offender Registration |
Mandatory lifetime public registration on state and national registries |
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Civil and Parental Rights |
Permanent loss of firearm rights, loss of parental rights/custody, and catastrophic reputational damage |
Why Immediate Legal Intervention Matters
Waiting for formal charges to be filed or for a Grand Jury to return an indictment is a dangerous mistake. Early intervention by a seasoned criminal defense attorney allows us to conduct an independent investigation to secure critical digital records, alibis, and favorable witness testimony before evidence is lost or altered. Manage CPS communications to prevent investigators and social workers from extracting involuntary, self-incriminating statements from you and present exculpatory evidence to the Grand Jury.
👨⚖️ Read more: Five Ways Out of a Texas Sexual Assault
How John T. Floyd Fights Continuous Sexual Abuse of a Child Charges
Challenging Forensic Interview Techniques
Child Advocacy Center (CAC) forensic interviews frequently rely on leading, suggestive, or coercive questioning methods. An experienced attorney collaborates with child psychology experts to demonstrate how improper interview techniques can induce false memories or contaminate a child’s testimony.
Exposing False Allegations and Motives
False claims often surface during high-conflict divorces, bitter child custody battles, or interpersonal family disputes. Uncovering hidden motives, inconsistencies and ulterior motives is critical to undermining the prosecution’s narrative.
Scrutinizing the Absence of Physical or Corroborating Evidence
Many cases rely almost exclusively on uncorroborated verbal statements without medical, physical, or digital backing. The defense exposes gaps in physical evidence, timeline impossibilities, and conflicting witness statements.
Suppressing Unconstitutionally Obtained Evidence
If law enforcement agents violated your Fourth or Fifth Amendment rights through unlawful searches, illegal seizure of personal electronics, or custodial interrogations without legal counsel present, we file aggressive motions to suppress that evidence from trial.
What qualifies as continuous abuse of a child in Texas?
Under Section 21.02 of the Texas Penal Code, the offense requires the prosecution to allege that two or more acts of sexual abuse were committed against a child under 14 years of age within a span of 30 days or more. Because prosecutors do not need jury consensus on the exact dates of each act, this charge is extraordinarily broad and requires an assertive defense attorney.
Can you get probation for continuous abuse of a child in Houston, Texas?
No. A conviction under Section 21.02 carries a non-negotiable statutory minimum sentence of 25 years in the Texas Department of Criminal Justice (TDCJ) and is statutorily ineligible for probation or deferred adjudication. Because there are no post-conviction leniency options, the sole objective of your defense strategy is securing an acquittal, a charge reduction, or a full dismissal.
What should I do if CPS or the police attempt to question me regarding child abuse?
Immediately exercise your Fifth Amendment right to remain silent and request an attorney. Do not attempt to “clear things up” or give statements without your lawyer present. Anything you say to social workers or detectives will be documented and used against you to build a criminal case.
The Best Legal Team in Houston, Texas, to Defend Your Freedom Against Continuous Sexual Abuse of a Child Charges
An accusation of continuous abuse of a child threatens to destroy your reputation, family ties, and personal freedom for life. Do not leave your future to chance or rely on a justice system biased toward prosecution. John T. Floyd and all of our team are part of the Texas Board of Legal Specializations, and we are ready to provide the support you need in court.
