San Antonio, TX asked in Criminal Law for Texas

Q: Punishment for child sexual abuse?

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1 Lawyer Answer
Milan Marinkovich
Milan Marinkovich
Answered
  • Criminal Law Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: In general, Sections 22.011 and 22.021 of the Texas Penal Code provides the range of punishment. Section 22.011 is entitled "Sexual Assault". Subsection (c)(1) defines "child" as a person "younger than 17 years of age."

Depending on the specific facts, an offense under Section 22.011 is either a felony of the first or second degree.

[First degree felony punishment]:(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

[Second Degree Felony Punishment]:

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for a term of not more than 20 years or less than 2 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

An offense under Section 22.021 entitled "Aggravated Sexual Assault" provides that an offense under this section is a first degree felony. However, if the victim is younger than 6 years of age at the time the offense is committed, or if the victim is younger than 14 and the offense is committed in a manner described under subsection (a)(2)(A) then the minimum period of confinement is increased from 5 years to 25 years.

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