Definition, penalties and punishments for committing a sex crime in the Lone Star state
Texas sex crime laws are divided up into multiple statutes with each defining the different types of criminal sexual acts. The acts and their severity determine the penalty that is handed down if convicted of a sex crime.
The following are brief descriptions of each statute listed in Title 5, Chapter 21 of the Texas Penal Code.
Section 21.01 – Definitions
This section defines what the state of Texas considers to be “deviate sexual intercourse,” “sexual contact” and “sexual intercourse.” Any sexual contact between any part of the genitals with another person’s mouth or anus against their will is illegal.
Sexual contact can also involve any touching of the breast, anus or genitals of another person. However, this particular statute focuses on penetration by the male sex organ or an object. The alleged perpetrator can be anyone, including a spouse, when the sexual contact is unwanted.
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(1) “Deviate sexual intercourse” means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object. (2) “Sexual contact” means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. (3) “Sexual intercourse” means any penetration of the female sex organ by the male sex organ. (4) “Spouse” means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction. |
Section 21.02 – Continuous Sexual Abuse of a Child or Children
There are many facets to this section because the sexual abuse of children happens in several ways for varying amounts of time. In Texas, a child is defined as anyone under the age of 17. Sexual abuse of a child is defined as sexual acts with a child or children that takes place for 30 days or more.
Illegal sexual acts include:
- Kidnapping of the child with the intent to commit sexual acts
- Indecent exposure involving a child
- Sexual assault involving intercourse of any kind
- Sexual performance of a child (child pornography)
- Trafficking of children
- Forcing children into prostitution
Texas’ molestation laws also state that a person has committed sexual abuse if they are over the age of 17 and the victim is under the age of 14.
When such a case is heard before a jury, the jury doesn’t have to unanimously agree on which acts of sexual abuse were committed or the date. What they must agree on unanimously is that the defendant committed 2 or more acts of sexual abuse against a child in a period that endured 30 days or more. Other factors when it comes to charging an alleged perpetrator include whether there is more than a 5-year age difference between the victim and defendant, the presence of duress, force or threats, and the number of victims.
The offense is a first-degree felony, which can result in a prison sentence ranging from 25 years to life.
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A person commits an offense if: (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.
(c) For purposes of this section, “act of sexual abuse” means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; (2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (3) sexual assault under Section 22.011; (4) aggravated sexual assault under Section 22.021; (5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(7) or (8); and (8) compelling prostitution under Section 43.05(a)(2).
(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.
(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c): (1) is charged in the alternative; (2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b).
(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.
(g) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or (B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim; (2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and (3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c).
(h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. |
Section 21.06 – Homosexual Conduct
This section was put into effect in the early 1970s and was amended in the early 1990s, and it involves sexual contact between people of the same sex. Technically, this is still a criminal charge in Texas. However, it’s no longer enforced. Some lawmakers are working to get this statute repealed, but as of now, this law remains on the books.
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(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. (b) An offense under this section is a Class C misdemeanor. |
Section 21.07 – Public Lewdness
Public lewdness is the act of having sexual intercourse or sexual contact in a public place. If the act doesn’t happen in a public place but is performed in front of another person who would be offended or alarmed by the act, the offense is still considered public lewdness and is charged as a Class A misdemeanor.
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A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person’s: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; or (3) act of sexual contact. (b) An offense under this section is a Class A misdemeanor. |
Section 21.08 – Indecent Exposure
Texas’ indecent exposure laws state that a person commits this offense if they expose any of their genitalia with the intent to gratify another person. This individual is reckless and exposes themselves in front of a person who is alarmed or offended. This act is a Class B misdemeanor.
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(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. (b) An offense under this section is a Class B misdemeanor. |
Section 21.09 – Beastiality
Beastiality is committed when a person knowingly engages in sexual acts with an animal. This can involve mouth, genital or anal contact with the mouth, genitals or anus of an animal. The rule also applies to the use of objects in a sexual matter. Lawful veterinary practice and animal husbandry are the only exemptions.
Under the law, a person also can’t engage in observance of beastiality, advertise such events or cause a person to engage in these acts. If found guilty, it’s a state jail felony unless the animal is seriously injured or dies. That’s when the act becomes a second-degree felony.
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(a) A person commits an offense if the person knowingly: (1) engages in an act involving contact between: (A) the person’s mouth, anus, or genitals and the anus or genitals of an animal; or (B) the person’s anus or genitals and the mouth of the animal; (2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing; (3) causes an animal to contact the seminal fluid of the person; (4) inserts any part of a person’s body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice; (5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4); (6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4); (7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4); (8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person’s control; (9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or (10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).
(b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree.
(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice. |
Section 21.11 – Indecency with a Child
This is another aspect of the Texas indecent exposure laws, but mostly applies to molestation offenses. This offense can involve sexual contact with a child. However, duress, force or threats might not have been used against the victim. The fact that the defendant might not be more than 3 years older than the victim plays a role in the severity of the offense. Touching through clothing can also be considered indecency. This offense is a third-degree felony.
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(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or (B) causes the child to expose the child’s anus or any part of the child’s genitals.
(b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and; (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
(c) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree. |
Section 21.12 – Improper Relationship Between Educator and Student
Educators are not to have sexual relationships with students. Any sexual act is considered inappropriate and is considered a second-degree felony. This section also protects the student’s name from being revealed to the public.
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(a) An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; (2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is: (A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or (B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or
(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.
(b) An offense under this section is a felony of the second degree.
(b-1) It is an affirmative defense to prosecution under this section that: (1) the actor was the spouse of the enrolled person at the time of the offense; or (2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor’s employment at a public or private primary or secondary school.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.
(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code. |
Section 21.15 – Invasive Visual Recording
This section applies to video recordings or photographs in dressing rooms, locker rooms and other changing areas of a person’s exposed body without their knowledge. The offense is classified as a state jail felony.
This section is related to Section 21.16, which is the Unlawful Disclosure or Promotion of Intimate Visual Material. That is the distribution of invasive visual recordings in any manner without the knowledge of the person that was recorded. If the material involves children, it is classified as child pornography.
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(a) In this section: (1) “Female breast” means any portion of the female breast below the top of the areola. (2) “Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. (3) “Changing room” means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. (4) “Promote” has the meaning assigned by Section 43.21.
(b) A person commits an offense if, without the other person’s consent and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person’s consent under that subdivision. |
Section 21.17 – Voyeurism
“Voyeurism” occurs when a person observes another in a place where the victim has a reasonable expectation of privacy. This falls under Texas sex crime laws because the act is usually to gratify a sexual desire. While the offense is a misdemeanor, it becomes a felony when the victim is younger than 14 years old.
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(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person’s consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.
(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.
(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.
(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. |
Section 21.18 – Sexual Coercion
Coercion is the act of forcing someone by threat or extortion to perform a sexual act. This can involve the creation of videos and photos, monetary gain or doing a sexual act. It doesn’t matter if the threat was made over the internet, telephone or in person. The offense is considered a state jail felony but becomes a third-degree felony if the defendant has committed this crime before.
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(a) In this section: (1) “Intimate visual material” means the visual material described by Section 21.16(b)(1) or (c). (2) “Sexual conduct” has the meaning assigned by Section 43.25.
(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: (1) intimate visual material; (2) an act involving sexual conduct causing arousal or gratification; or (3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits: (1) intimate visual material; or (2) an act involving sexual conduct causing arousal or gratification.
(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.
(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section. |
Section 21.19 – Unlawful Electronic Transmission of Sexually Explicit Material
This section applies to invasive visual materials as well as child pornography. Aside from the fact that any material involving a minor is illegal to produce and transmit, it’s illegal to transmit any materials of an adult’s intimate parts without their knowledge. The base charge is a Class C misdemeanor.
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(a) In this section, “intimate parts,” “sexual conduct,” and “visual material” have the meanings assigned by Section 21.16.
(b) A person commits an offense if the person knowingly transmits by electronic means visual material that: (1) depicts: (A) any person engaging in sexual conduct or with the person’s intimate parts exposed; or (B) covered genitals of a male person that are in a discernibly turgid state; and (2) is not sent at the request of or with the express consent of the recipient.
(c) An offense under this section is a Class C misdemeanor.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. |
If you have been accused of sexual misconduct and have been charged with a sex crime in the state of Texas, contact the Law Office of Matthew D. Sharp. Our team is standing by, ready to fight for your rights as a Texas citizen.
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