Being accused of a sex crime involving a child is one of the most serious allegations a person can face. In Texas, child sexual abuse is prosecuted aggressively, and the consequences are life-altering. Even before charges are filed, an investigation alone can damage your reputation, career, and relationships.
In Texas, child sexual abuse laws are broad and serious. The law covers a wide range of conduct involving anyone under 17, including physical acts and non-contact behavior such as digital communication or exploitation. Accusations alone can lead to devastating consequences, even before charges are filed.
Child sexual abuse may include:
Depending on the details of the case, a person may be charged under one or more sections of the Texas Penal Code, including:
Let’s take a closer look at what these charges involve.
This charge applies when a person touches a child’s private areas, or causes the child to touch someone else, in a way that’s meant to arouse or gratify sexual desire. It can also apply when someone exposes themselves to a child or encourages the child to do the same.
Even if there’s no physical contact, the law still considers exposure or intent as part of the crime.
This charge covers any kind of penetration (oral, vaginal, or anal) or sexual contact with a child. The law is clear: children cannot legally give consent, so any sexual act with a child is considered assault, even if the child appeared to agree.
This charge can also apply when someone uses threats, coercion, drugs, or takes advantage of someone who is unconscious, impaired, or emotionally dependent, such as a patient, student, or resident in care.
This is the most serious form of sexual assault. It applies when:
If the child is under age 6, or under 14 with additional aggravating factors, the minimum prison sentence increases to 25 years, and may include life without parole.
These three charges, indecency with a child, sexual assault, and aggravated sexual assault, are among the most common. However, prosecutors may also pursue charges such as:
Some of these charges carry mandatory minimum sentences. When multiple counts are filed together, a conviction can result in decades in prison, or even life.
In some cases, prosecutors file more than one charge, especially when the abuse is alleged to have occurred over time or involved digital content. Two increasingly common charges include:
PENAL code § 21.02 applies when a person is accused of committing two or more sexual acts against a child under 14 or a disabled person over 30 days or more.
Key points:
Why it matters: This charge often appears in cases where abuse is alleged to have happened within a family or over time.
PENAL code § 43.25 involves creating or promoting visual content that includes sexual conduct by a child. This includes:
Penalties include:
Why it matters: You can be charged even if you didn’t create the content or weren’t aware of the child’s true age.
Child sexual abuse charges often involve:
Prosecutors can also stack multiple charges. A single accusation can lead to multiple felony counts and decades behind bars.
If you or someone you love is facing this kind of allegation, the legal stakes are enormous. The right defense matters.
Texas law doesn’t require someone to know the age of the child involved. Even if a person reasonably believed a child was older, they can still be convicted.
That’s why these cases move fast and feel overwhelming. In many cases, charges come before you even understand you’re being investigated.
False accusations, digital misinterpretations, or witness inconsistencies can lead to arrest. But every case has two sides, and the law still requires proof.
Lawmakers continue to broaden what qualifies as child sexual abuse and what can be used as evidence in court.
Today’s cases may involve:
These cases are highly technical, and defending them requires a strong understanding of both criminal law and modern technology.
Accusations like these are devastating, but you still have rights. Every case has two sides. Lack of credible evidence, witness inconsistencies, malicious intent, or unconstitutional investigative tactics could all factor into your defense.
Brett A. Podolsky is a board-certified criminal law specialist with extensive experience in child sexual abuse defense. If you’re facing these allegations, you don’t have to figure it out alone.
Call us 24/7 at 713-227-0087 Or contact us online for a confidential consultation »
Yes. In Texas, a lack of knowledge about the child’s age is not a defense to most child sexual abuse charges.
Absolutely. Texts, social media messages, shared files, and even AI-generated images can be used to build a case, whether or not physical contact occurred.
Your attorney can challenge credibility, motives, memory gaps, or inconsistencies in testimony. Every case depends on the strength of the evidence, not just accusations.
Yes. Prosecutors can, and often do, file multiple charges for different aspects of the same case, especially if any digital material is involved.
