Texas State Sex Crimes

Floyd - Federal Crime Defense Attorneys in Houston, Harris County, Texas

Defend Yourself Against Serious Allegations of Sex Crimes in Houston and Throughout Texas

Defending a child sexual assault case in Texas is difficult, with the defense usually relying on the prosecution failing to prove each element of the offense; undermining the credibility of the witnesses; challenging the protocols used by child protective advocates or medical personnel to determine an assault has occurred; and presenting a defense case that negates the state’s allegations.

Three Commonly Charged ‘child Sex Abuse’ Laws in Texas

Continuous Sexual Assault of a Child (Texas Penal Code § 21.02): Occurs when a person 17 or older commits two or more acts of sexual abuse against a child or children under age 14 during a period that is 30 days or more in duration. Besides capital murder, this is considered one of the most serious offenses in Texas.

Indecency With a Child (Texas Penal Code § 21.11): Occurs either when: 1) there is sexual contact or 2) exposure with a child under age 17. Sexual contact involves the intent to arouse or gratify sexual desire and involves the touching of any part of the child’s genitalia, anus, or breast. Sexual exposure involves intent to arouse or gratify sexual desire and the exposure of a person’s anus or genitalia to a child or having the child expose their anus or genitalia.

Aggravated Sexual Assault of a Child (Texas Penal Code § 21.021): Occurs when the victim of a sexual assault is under the age of 14, regardless of consent. Texas does not recognize sexual consent by individuals under age 14. In certain circumstances, the minimum sentence can be 25 years.

In 2025, the Texas Legislature passed, and the Governor signed, HB 1422, which amended related statutes, potentially increasing penalties and clarifying victim definitions for related sexual offenses, including those under § 21.02. The passing of HB 1422 is significant because it consolidates related sexual offenses into one charge. This consolidation allows prosecution of the offense even if the individual acts might otherwise be charged under different, separate sections of the Penal Code. It also restricts parole eligibility for aggravated sexual offenses and expands the list of offenses that are no longer eligible for deferred adjudication and standard probation.

Potential Defenses

There are several defenses utilized in these types of cases. They include:

Identity/Opportunity

The defendant was not the person who committed the charged offense. This can be shown by demonstrating any of the following: the defendant had an alibi at the time of the offense; the victim’s mistaken identification; the defendant did not have access to the child; or that others had an equal or greater opportunity to commit the offense.

No Sexual Conduct as Charged

No sexual contact or penetration occurred at all, or what allegedly did occur does not rise to the statutory definition of either “penetration” or “sexual contact.”

Alternative Explanation for Victim’s Behavior/Injuries

Present medical, psychological, or behavioral evidence suggesting non-abusive reasons for physical findings of abuse or behavioral symptoms of abuse.

Trial Strategies

Through both direct and cross-examination, defense attorneys can present evidence or elicit information that focuses on the following:

Motive by Victim to Fabricate

Stressful custody disputes, child protective services involvement in family disputes, family conflicts that indicate a revenge motive (e.g., against a step-parent or ex-partner), and/or any coaching or suggestive questioning by a parent or child sexual abuse expert.

Inconsistencies and Evolution

Changes in details about time, dates, frequency, circumstances, specific acts, and prior statements, as contained in child advocacy center recordings and child protective services notes, can be used to illustrate false or embellished allegations.

Suggestibility and Child Memory

Repeated suggestive questioning by child sexual abuse experts, leading questions in interviews, or adult pressure can result in memory contamination or influencing that produces false or exaggerated disclosures.

Trial Tactics

Through both direct and cross-examination, and with the use of expert witnesses, defense counsel should use appropriately aggressive trial tactics to disclose:

Lack or Weakness of Physical Evidence

Emphasis placed on the fact that findings of sexual assault nurse examiners (SANE) are either normal or non-specific; that there is no DNA or corroborative forensics to support either the alleged abuse or its timeframe; or that law enforcement or prosecutorial evidence collection was mishandled, delayed, or exposed to possible contamination.

Challenge SANE/Forensic Experts

Stress the limits of the expert examinations (e.g the lack of evidence of injury or penetration); the margins of error on dates of injuries; and any overreaching opinions on the credibility of the victim.

Use of Expert Witnesses

Child psychology and forensic interviewing experts, digital forensic experts, and medical experts to review SANE findings.

Jury Instructions

Request instructions on defensive issues supported by the evidence (alibi, mistake, or lesser included offenses) and object to any improper burden-shifting instructions.

Pretrial Issues

Ahead of trial, an investigation should determine whether there are statutory or constitutional grounds to suppress evidence or statements obtained unlawfully, such as violations of Miranda rights; unlawful property searches; suggestive lineup procedures; police or prosecutorial misconduct; or a failure by law enforcement to investigate alternative suspects. Proper motions should be filed in advance of trial to address these issues, along with timely and proper objections to preserve the issues for appeal should the trial court deny the motions.

If you or a loved one has been charged with any form of child sexual abuse, you must get an experienced criminal defense attorney right away. The John T. Floyd Law Firm has decades of experience successfully litigating these cases and stands ready to offer its experienced services to you in this time of need.

Texas has at least twenty-one major felony sex crimes on its books. Some of these offenses, like public lewdness and indecent exposure, are misdemeanors, a conviction of which can result in six months to 1 year in county jail; others, like aggravated sexual assault and continuous sexual assault of a child or children, are felonies, a conviction of which can result in a minimum sentence of five or 25 years to a maximum of 99 years or life imprisonment in a state penal facility. These offenses are listed in the Texas Penal Code as:

15.031 – Criminal Solicitation of a Minor (a person under age 17)
20.04 – Aggravated Kidnapping [second-degree felony]
21.02 – Continuous Sexual Assault of a Child or Children [first-degree felony]
21.06 – Public Lewdness [Class A misdemeanor]
21.08 – Indecent Exposure [Class B misdemeanor]
21.11 – Indecency with a Child (a person under age 17) [third-degree felony]
21.12 – Improper Relationship Between Educator and Student [second-degree felony]
21.15 – Improper Photography or Visual Recording [state jail felony]
21.011 – Sexual Assault [second-degree felony]
22.021 – Aggravated Sexual Assault [first-degree felony]
25.02 – Prohibited Sexual Conduct [third-degree felony]
43.02 – Prostitution [state jail felony]
43.03 – Promotion of Prostitution [Class A misdemeanor]
43.04 – Aggravated Promotion of Prostitution [third-degree felony]
43.05 – Compelling Prostitution [second-degree felony]
43.22 – Obscene Display or Distribution [Class C misdemeanor]
43.23 – Obscenity [state jail felony OR third-degree felony]
43.24 – Sale, Distribution, or Display of Harmful Material to Minor (person under age 18) [Class A misdemeanor OR third-degree felony]
43.25 – Sexual Performance by a Child [second-degree OR third-degree felony]
43.251 – Employment Harmful to Children [Class misdemeanor]
43.26 – Possession or Promotion of Child Pornography [second-degree felony]

Punishments for sex offenses under the Texas Penal Code are:

12.21 – Class A misdemeanor [fine and/or up to 1 year in jail]
12.22 – Class B misdemeanor [fine and/or up to 180 days in jail]
12.23 – Class C misdemeanor [fine not to exceed $500]
12.32 – First-degree felony [fine and/or minimum 5 and 25 to 99 years or life]
12.33 – Second-degree felony [fine and/or minimum 2 to 20 years]
12.34 – Third-degree felony [fine and/or minimum 2 to 10 years]
12.35 – State jail felony [180 days to 2 years]

Being charged with a sex offense in Texas, especially with a child sex offense, is the most horrific experience an individual can face. It only takes the word of the victim to send a person to prison for most, or even the rest, of their life. Families, careers, and friends are often lost before the case ever sees the inside of a courtroom.

Find yourself being investigated and ultimately charged with a Texas sex offense. You should not speak to the police; instead, reach out to an experienced attorney who has represented cases like this. Your attorney must be as skilled and experienced as the prosecutor trying to send you to prison and destroy your life.

Facing Charges? Contact a Houston Sex Crimes Defense Attorney Today

A conviction for a state sex offense in Texas carries catastrophic, lifelong consequences. Do not attempt to navigate the complex legal system alone or speak to law enforcement without legal representation. Protect your rights, your dom, and your future by contacting an experienced criminal defense team immediately. The John T. Floyd Law Firm has decades of experience successfully litigating serious felony allegations in Houston and throughout Texas. Contact us today at 713-224-0101 or visit our office at 3730 Kirby Drive, Suite 750, Houston, TX 77098 to schedule your confidential consultation.