Cofer Luster Criminal Defense Lawyers | April 28, 2025 | Criminal Defense

Understanding Child Sexual Offenses in the Texas Penal Code

Child sexual offenses are some of the most serious crimes in Texas. These charges can lead to long prison sentences, lifetime sex offender registration, and major personal consequences. Whether you’re trying to learn about these laws for safety, education, or because someone you know has been accused, it’s important to understand how Texas handles these crimes.

This blog explains the key laws, charges, penalties, and possible defenses related to child sexual offenses in Texas. This information is helpful not just for legal professionals but also for parents, teachers, and anyone looking to stay informed.

How Texas Defines Child Sexual Offenses

Texas law says child sexual offenses are crimes committed against anyone under 17 years old. These crimes are described in Chapters 21 and 22 of the Texas Penal Code. The law includes many types of contact, communication, and behavior that are considered sexual or harmful.

Here are some of the most common child sexual offense charges:

Sexual Assault of a Child – Penal Code §22.011

This crime happens when someone knowingly:

  • Has sexual intercourse or other sexual contact with someone under 17 who is not their spouse.
  • Causes any kind of penetration of the child’s private parts.

The child’s consent does not matter because of their age. These cases are taken seriously, no matter what the situation was.

Indecency With a Child – Penal Code §21.11

This charge includes:

  • Sexual touching of a child under 17
  • Showing private parts to a child or making a child show theirs

The person must have done this to feel sexual excitement. Even one act can lead to criminal charges.

Continuous Sexual Abuse of a Child – Penal Code §21.02

This charge applies when someone abuses a child under 14 two or more times over at least 30 days. It is a first-degree felony and comes with a minimum sentence of 25 years to life in prison. It is often applied in cases where abuse happened over a long time.

Online Solicitation of a Minor – Penal Code §33.021

This law makes it a crime to use the internet or phone to:

  • Send sexual messages to a child under 17
  • Share sexual pictures or videos with a minor

Trying to meet up with the child after messaging also counts as a crime.

The age of consent in Texas is 17; however, some crimes define a minor as under 18. This means anyone under 17 cannot legally agree to sexual activity. Even if they seem to agree, the law says they are too young to give permission.

Texas does allow for a small exception called the “Romeo and Juliet” law. This rule says that if two people are close in age, at least 14 years old and not more than three years apart in age, they might not be charged with a crime, as long as other laws don’t apply (like the prohibition of relations between teachers and students).

Penalties for Child Sexual Offenses in Texas

The punishment for child sex crimes in Texas is very serious. The exact sentence depends on the charge, the age of the child, and the person’s criminal history.

The following sentences may apply:

  • First-Degree Felony: 5 to 99 years or life in prison; up to $10,000 fine
  • Second-Degree Felony: 2 to 20 years in prison; up to $10,000 fine
  • Third-Degree Felony: 2 to 10 years in prison

Some crimes have minimum sentences and don’t allow parole. That means the person must serve all or most of their sentence before they can be released.

Most people convicted of these crimes must also register as sex offenders for life. This affects where they can live, work, or travel.

Being charged with a child sex crime can be life-changing. But in some cases, there are defenses that may apply. These depend on the facts and evidence. 

Here are a few examples:

Mistaken Identity

Sometimes, especially in online cases, the wrong person is blamed. A defense lawyer may argue that someone else used the computer or account.

False Accusation

There are times when children say something happened when it didn’t. This can happen if they’re pressured, confused, or trying to avoid getting in trouble.

Lack of Intent

For crimes like indecency or online messages, the prosecutor must prove that the person meant to do something sexual. If it was an accident or a misunderstanding, the charge could be dropped or reduced.

Romeo and Juliet Defense

If both people were close in age and agreed to the relationship, this defense may apply. But it only works in certain cases and does not apply to all situations.

Collateral Consequences Beyond Prison

Besides prison and sex offender registration, there are other effects of a conviction:

  • Losing custody of a child or the right to see them
  • Being banned from working in certain jobs or industries
  • Not being allowed to live in certain places
  • Damage to reputation, relationships, and mental health

People who are convicted may also face limits on using the internet, traveling, or joining schools or programs. These consequences can make life very difficult, even after prison time is over.

To understand more about how a conviction can affect your future, try reading about post-conviction impacts and sex crime penalties under Texas law.

Final Thoughts: Understanding Child Sexual Offenses in Texas

Texas takes child sexual offenses very seriously. The laws are strict, and the consequences can last a lifetime. Whether you’re a parent, a teacher, or someone facing charges, it’s important to understand what the law says.If you or someone you know is accused of one of these crimes, learning the law is the first step. You may have legal options and the right to defend yourself. Being informed can help you take the right steps and avoid making the situation worse. If you’ve been charged with a child sexual offense, contact a Fort Worth criminal defense lawyer to protect your rights.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102