In Texas, sexual assault occurs when someone knowingly or intentionally penetrates another person’s sexual organs, mouth, or anus. The crime is a second degree felony punishable by a prison term ranging from 2 to 20 years. But an individual can be charged with aggravated sexual assault, which carries a more severe punishment, under certain circumstances.
How is Aggravated Sexual Assault Defined in Texas?
In the State of Texas, aggravated sexual assault can charged if the defendant knowingly and intentionally:
- Penetrated the anus, mouth, or sexual organs of another person without their consent; or
- Penetrated the anus, mouth, or sexual organs of a child
- Attempted or tried to cause the death of the victim, or another person, during the course of the sexual assault.
For the crime against children, the child must be under the age of 14 years-old.
Can I Be Charged with Aggravated Sexual Assault if the Victim Was Not a Child?
Yes. According to Texas law, an individual can be charged with aggravated sexual assault if:
- The defendant used a date rape date drug;
- The victim has a disability
- The victim was elderly;
- There was threats of death, serious bodily injury, human trafficking, or kidnapping made to the victim;
- The defendant showed or used a deadly weapon.
Is Aggravated Sexual Assault a Second Degree Charge in Texas?
No, in Texas it is considered a first degree felony. A convicted defendant may receive a prison sentence ranging from 5 to 99 years and/or pay a $10,000 fine.
What is a “Super” Aggravated Sexual Assault in Texas?
A “super” aggravated sexual assault is when the crime involved a child under the age of 6 years-old. An aggravated assault involving a child under the age of 14 years old can also become a super aggravated assault if:
- A date rape drug was used;
- Threats of serious bodily injury, human trafficking, or kidnapping were made;
- A deadly weapon was shown or used; or
- The defendant caused serious bodily injury.
What’s the Punishment for Super Aggravated Sexual Assault?
The punishment for “super” aggravated sexual assault is a minimum 25 years to life in prison without the possibility of parole. The defendant must also register as a sex offender for the rest of their life.
Should I Contact a Lawyer?
Yes, contact a Texas criminal lawyer to determine the best way to resolve your case.