This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.

Houston Child Sexual Assault Defense Lawyer
by Brian LaVine / Last Updated: September 5, 2025
Houston Child Sexual Assault Defense Lawyer

If you are accused of child sexual assault in Texas, it is crucial to understand the serious consequences you may face. Child sex offenses are treated very seriously under Texas sex crime laws, and if convicted, the penalties can be severe. You could face lengthy prison sentences, sex offender registration, and other life-altering consequences.

LaVine Law Firm helps defend those accused of sexual abuse or child molestation with a strong, strategic defense tailored to the specific details of each sexual assault case. Our Houston sexual assault attorneys are experienced in handling sensitive and complex sex crime cases.

We understand that every case is unique, and we are dedicated to defending your rights and safeguarding your future. Our team will work diligently to defend you against the charges and strive to achieve the best possible outcome.

What Is Child Sexual Assault Under Texas Law?

What Is Child Sexual Assault Under Texas Law?

In Texas, child sexual assault involves any sexual conduct or sexual activity with a minor. If convicted, it can lead to a second-degree felony or more serious charges, depending on the case.

Texas law treats these crimes with the highest level of seriousness, and penalties can include long prison sentences and mandatory sex offender registration.

Types of Child Sexual Assault Charges in Texas

Here are some common types of charges related to child sexual assault in Texas, along with the degree of felony for each:

Indecency with a Child (Penal Code § 21.11)

Under Texas Penal Code § 21.11, indecency with a child involves engaging in sexual contact or exposing yourself to a child under the age of 17. It is considered a third-degree felony, which can result in 2 to 10 years in prison and fines. A third-degree felony can also result in parole or probation, depending on the case.

In addition to prison time, those convicted of indecency with a child will likely face mandatory sex offender registration. If convicted, this sex offense can impact the convicted person's future, affecting employment, relationships, and personal privacy.

Sexual Assault (Penal Code § 22.011)

Under Texas Penal Code § 22.011, sexual assault means sexual contact or sexual activity with a minor without their consent. It is classified as a second-degree felony, which carries 2 to 20 years in prison and fines of up to $10,000. Sexual assault charges can be aggravated if the victim is under 14 or if the assault involves threats or violence.

A sex crime conviction for sexual assault can also lead to long-term psychological impact for both the accused and the victim, affecting families and communities. Along with sex offender registration, the convicted person may face restrictions on where they can live and work, making it difficult to rebuild their life.

Aggravated Sexual Assault (Penal Code § 22.021)

Under Texas Penal Code § 22.021, aggravated sexual assault involves sexual assault with added aggravating factors such as the use of physical force, threats of violence, or causing serious bodily injury. It is classified as a first-degree felony, which can result in life imprisonment or 5 to 99 years in prison, along with potential fines. If a deadly weapon is used or the victim suffers significant injury, the charges become aggravated.

Aggravated sexual assault has much higher penalties, including the possibility of lifetime sex offender registration. In cases involving children, the penalties are even more severe, and sexual violence can lead to life-altering consequences for the convicted person.

Continuous Sexual Abuse of a Young Child (Penal Code § 21.02)

Under Texas Penal Code § 21.02, continuous sexual abuse of a young child means committing multiple acts of sexual abuse over a period of time against a child younger than 14 years of age. This is considered a first-degree felony, carrying severe penalties, including life imprisonment. It means that if convicted, the person could be imprisoned for a very long time, possibly for the rest of their life.

The court will also likely order sex offender registration, which could affect the person's ability to live or work in certain areas. The impact on the victim can be long-lasting, causing emotional and psychological harm.

Penalties for Child Sexual Assault Convictions in Texas

Penalties for Child Sexual Assault Convictions in Texas

A sexual assault conviction involving a minor carries severe legal consequences. Below are the penalties based on the degree of felony.

Consequences for Sexual Assault of a Child

Sexual assault of a minor is a second-degree felony under Texas Penal Code § 22.011. Convictions for sexual assault can result in 2 to 20 years in prison, and you may also be required to pay fines up to $10,000. You will also likely be required to register as a sex offender for a set period, which may be for life, depending on the severity of the crime.

A Houston sexual assault attorney can help you understand the possible consequences and work to reduce the penalties you face. Experienced criminal defense lawyers will carefully review your case and may challenge the evidence to strengthen your defense.

Aggravated Sexual Assault of a Child Penalties

For aggravated sexual assault under Penal Code § 22.021, the penalties are much harsher. This first-degree felony can result in life imprisonment or 5 to 99 years in prison. Fines may also be imposed, and mandatory sex offender registration will be required.

A Houston sexual assault lawyer with experience in handling aggravated assault cases can investigate the evidence, challenge key points, and work to get the best possible result. Skilled criminal defense attorneys will fight aggressively to ensure your rights are protected during the trial.

Indecency with a Child Penalties

Indecency with a child under Texas Penal Code § 21.11 is a third-degree felony and can lead to 2 to 10 years in prison and fines. A sex crime conviction for this charge also requires sex offender registration, which can affect your future employment, housing, and personal relationships.

Hiring a Houston sexual assault attorney can help you understand your rights and fight against these serious charges. A criminal defense lawyer can also assist in building a defense to protect you from the long-term consequences of a conviction.

Why You Need a Houston Child Sexual Assault Defense Lawyer

If you are accused of child sexual assault, hiring an experienced sexual assault attorney is crucial to protect your rights. Defending against these charges requires a deep understanding of the Texas sex crime laws and a clear strategy to combat the prosecution’s case.

The Complexity of Child Sexual Assault Cases

Sexual assault involving a child is a complex case, often involving sensitive issues and difficult evidence. Having a Houston sexual assault lawyer who specializes in sex crimes ensures that your case is handled with the care and attention it needs.

Protecting Your Constitutional Rights

A good sex crime defense lawyer will protect your rights throughout the process. From the initial investigation to the trial, they will ensure that you are treated fairly and that no legal steps are missed.

They will make sure the police followed all the correct procedures and that your rights were not violated. By doing so, they help prevent unfair treatment and protect your future.

Thorough Investigation and Case Preparation

An experienced lawyer will thoroughly investigate the sexual assault case, looking for weaknesses in the prosecution's case. They will gather witness statements, examine forensic evidence, and build a defense strategy that challenges the charges against you.

They will also look for any inconsistencies in the alleged victim's story to weaken the case. This careful preparation is crucial in ensuring that all possible defenses are considered and that you are fully protected.

Common Defenses Against Child Sexual Assault Charges in Texas

Common Defenses Against Child Sexual Assault Charges in Texas

There are different ways to defend against child sexual assault charges. A good Houston sexual assault lawyer will look for weaknesses in the prosecution's case and find ways to prove your innocence.

Some of the common defenses used in child sexual assault cases are:

False Allegations and Mistaken Identity

Sometimes, false accusations happen in sexual assault cases. False accusations can happen if the alleged victim made a mistake or if they are lying for some reason. A Houston sexual assault lawyer can look for proof that shows you weren’t involved in the crime. They might show that someone else is responsible or that the identity was mistaken.

Consent (In Certain Cases) and Fabrication

In some cases, the alleged victim might have agreed to the sexual activity but later changed their story. Consent can be used as a defense if both people agreed. Sometimes, fabrication occurs, where the alleged victim may lie or invent a story about what happened. A skilled Houston sexual assault lawyer can show proof that the accusations are not true.

Lack of Evidence

If there is not enough evidence to prove the crime, the charges may be dropped. For example, there may be no physical evidence, like DNA, or the witness statements might not support the claims. A criminal defense lawyer can argue that the prosecution has not proven the case and ask the judge to dismiss the charges.

Consequences of a Conviction for Child Sexual Assault in Texas

If you are convicted of child sexual assault, the consequences can last a lifetime. It's not just about prison time – other serious effects can change your life.

A few long-term consequences that come with a sexual assault conviction in Texas include:

Mandatory Sex Offender Registration

If you are convicted of child sexual assault, you will likely be required to register as a sex offender. This means that your name and address will be publicly listed in a database. Being on this list can make it hard to find a job, a home, or even to live in certain areas. You will need to update your information regularly, and this may be a requirement that lasts for many years, or even for your entire life.

Effects on Employment and Social Life

A sex crime conviction can make it very hard to find a job. Many employers will check your criminal record before hiring, and being on the sex offender registry can prevent you from getting work. It can also impact your social life, as people may treat you differently or avoid you due to the charges. The impact on your reputation can make rebuilding your life very difficult.

Family Impact: Child Custody and Visitation Rights

A sexual assault conviction can affect your child custody and visitation rights. If you are convicted, a court might limit or stop your ability to see your children. Family courts take these charges seriously, and they may decide that it is not safe for you to be around your kids. This can change your relationship with your children forever.

What Is the Statute of Limitations for Child Sexual Assault in Texas?

What Is the Statute of Limitations for Child Sexual Assault in Texas?

In Texas, the statute of limitations for sexual assault is typically 20 years from the date of the alleged offense. If the victim was under 18 at the time, the statute of limitations may be extended, allowing the case to be brought to court later.

FAQs About Houston Child Sexual Assault Defense

What are the consequences of facing sex crime charges in Texas?

Sex crime charges can lead to severe penalties, including prison time, fines, and mandatory sex offender registration. Convictions can also have a lasting impact on a person's life, affecting relationships, employment, and future opportunities. Hiring an experienced attorney can help challenge the evidence and reduce the impact of the charges.

Can accusations of sexual acts lead to a rape charge?

Yes, if the sexual acts were forced or non-consensual, they could result in rape charges or sexual assault charges. These serious allegations can lead to a first-degree felony and significant criminal penalties. It's crucial to have a strong defense strategy and an experienced attorney to challenge any evidence that could be used against you.

How can child pornography charges affect my life?

Being accused of child pornography can lead to serious legal consequences, including lifetime registration as a sex offender. It can also cause significant emotional distress for both you and your loved one. Criminal defense attorneys will work to identify weaknesses in the case, but these charges are treated with extreme severity.

How do criminal defense attorneys challenge serious allegations in court?

Criminal defense attorneys employ various strategies to challenge serious allegations, such as establishing reasonable doubt or demonstrating that the evidence is insufficient. They may also argue that the emotional toll and circumstances surrounding the case have led to mistakes or false accusations. A strong defense can identify weaknesses in the district attorney’s case to improve your chances in court.

What happens during court proceedings for a sex crime case?

During court proceedings, the district attorney will present their case, and the defense will work to challenge the evidence. If you're facing charges like online solicitation or sexual assault, an experienced attorney will use their knowledge of the legal system to fight for your rights. The outcome depends on the evidence, the defense strategy, and the strength of the case presented.

Contact Our Houston Child Sexual Assault Defense Lawyer for a Free Consultation

Contact Our Houston Child Sexual Assault Defense Lawyer for a Free Consultation

If you are facing sex crime charges, it's important to get help from an experienced attorney. LaVine Law Firm offers a free confidential consultation to discuss your case. Our team will provide legal representation to protect your legal rights and interests. We will work hard to uncover evidence that could help prove you were falsely accused.

With an aggressive defense, we will challenge the prosecution’s case and ensure your voice is heard throughout the legal process. Contact us today to start your defense and take the first step toward a better future.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
What Sets Us Apart

Why Choose
lavine law firm

Free confidential consultations

Aggressive representation

Affordable payment plans

Highly rated

Track record of results

chevron-down