Sexual Assault Charges in Texas: Penalties & Defenses

A sexual assault allegation in Texas changes everything the moment it’s made.

Before a case is ever proven, the impact is immediate—on your reputation, your work, and your relationships. The legal exposure is just as serious: prison time, lifetime registration, and consequences that don’t go away.

These cases are prosecuted aggressively—and often built on how the situation is interpreted.

At the Law Offices of Richard C. McConathy, we defend clients across Dallas–Fort Worth facing sexual assault and aggravated charges, and we know what’s at stake from the start. Allegations like this fall within the scope of Sexual Offense Defense, where every detail and every decision matters.

This guide explains how Texas defines these charges, the penalties involved, and the defense strategies used to protect your future.

How Texas Law Defines Sexual Assault

Sexual assault is defined in Texas Penal Code § 22.011. A person commits the offense if they intentionally or knowingly:

• Cause penetration of the anus or sexual organ of another person by any means without that person’s consent, or
• Cause the penetration of the mouth of another person by the sexual organ of the actor without that person’s consent, or
• Cause the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.

The statute also covers specific conduct involving children younger than 17, regardless of consent. Conduct involving children younger than 14 is generally charged as aggravated sexual assault under § 22.021.

How Texas Defines Lack of Consent

Section 22.011(b) lists multiple circumstances where a sexual act is considered “without consent.” Examples include:

• The actor compelled submission by physical force, violence, or coercion
• The actor compelled submission by threats of force or violence
• The other person was unconscious or physically unable to resist
• The other person had a known mental disease or defect that prevented effective consent
• The actor administered a drug or substance without the person’s knowledge to impair their ability to resist
• The actor was a public servant, mental health services provider, clergy, physician, or held a similar position of trust and used that position to cause submission

These categories are why “consent” cases are not always factual disputes about a particular sex act. The state may argue that consent was legally impossible regardless of the alleged victim’s words.

Aggravated Sexual Assault

Under Texas Penal Code § 22.021, sexual assault becomes aggravated sexual assault when one or more aggravating factors apply, including:

• Causing serious bodily injury or attempting to cause death
• Threatening to cause death or serious bodily injury
• Using or exhibiting a deadly weapon
• Acting with another person against the same alleged victim during the same criminal episode
• Administering certain substances (such as “date rape” drugs)
• The alleged victim is younger than 14, older than 65, or disabled

Aggravated sexual assault is a first-degree felony. Under certain circumstances, the minimum prison term is 25 years. The sentence range can extend to 99 years or life.

Penalties for Sexual Assault and Aggravated Sexual Assault

Penalties under Texas law include:

• Sexual Assault (§ 22.011): Generally a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. Becomes a first-degree felony in certain circumstances, including when the alleged victim is a person whom the actor was prohibited from marrying under Texas law.
• Aggravated Sexual Assault (§ 22.021): First-degree felony, punishable by 5 to 99 years or life. Some aggravated sexual assault cases involving children carry a 25-year minimum.
• Sex Offender Registration: Conviction generally requires lifetime or 10-year registration under Texas Code of Criminal Procedure Chapter 62, depending on the offense.

Beyond direct sentencing, registration produces public records, address restrictions, employment limitations, and lifetime reporting obligations.

Sex Offender Registration in Texas

Texas Code of Criminal Procedure Chapter 62 sets the rules for sex offender registration. Key features include:

• Public registry maintained by the Texas Department of Public Safety
• Lifetime or 10-year duration, depending on the offense
• Address verification at regular intervals
• Restrictions on residence, employment, and travel
• Updates required when there are changes in address, employment, or vehicle

Avoiding registration when possible is often a central goal in sex offense plea negotiations. Reductions to non-registrable offenses can change a person’s entire future.

How Sexual Assault Cases Are Investigated

These investigations frequently combine several types of evidence:

• SANE (Sexual Assault Nurse Examiner) exams that collect physical evidence and document statements
• DNA evidence from physical samples
• Digital evidence, including text messages, social media, and dating app communications
• Surveillance and location data, including video and cell tower records
• Witness interviews, often including outcry witnesses

A skilled defense reviews each part of the investigation and looks for inconsistencies, procedural errors, and weaknesses in the chain of custody.

Common Defenses to Sexual Assault Charges

Each case is different. Common defense themes include:

• Consent: The alleged victim agreed to the conduct, and Texas law does not place the situation in a no-consent category.
• Mistaken identity: Especially in cases without clear DNA, identification can be unreliable.
• False allegation: False reports occur in custody battles, divorce disputes, and other strained relationships.
• Lack of intent: The conduct may not have included the required intentional or knowing act of penetration as defined.
• Constitutional issues: Improper interrogation, unlawful searches of phones and homes, and identification procedure violations may lead to suppression.
• Forensic challenges: DNA collection methods, contamination, and lab procedures can affect reliability.

A successful defense often combines factual investigation with motion practice and, when needed, expert witnesses on memory, forensic science, and digital evidence.

What to Do If You Are Accused

If you have been contacted by police, given a “knock and talk” visit, or arrested:

• Do not speak to investigators without an attorney present, even if you believe you can clear things up.
• Do not contact the alleged victim in any way. Even friendly messages can violate protective orders and become evidence.
• Preserve digital evidence, including texts, app messages, photos, and location data.
• Identify witnesses who can support your timeline, identification, or character.
• Speak with our attorneys before any interview, polygraph, or court appearance.

Time is decisive in sex offense cases. Early defense work shapes how the case is investigated and charged.

Why Choose the Law Offices of Richard C. McConathy

Our firm has more than 35 years of criminal defense experience in the Dallas–Fort Worth region. We have defended clients facing serious felony sex offense charges across 16 counties in North Texas. We understand how prosecutors build these cases and how to push back at every stage, from investigation to trial.

If you’re under investigation or have been charged with a sexual offense, it’s critical to speak with a Sex Crimes Defense Lawyer Dallas who understands how these cases are built and how to challenge them at every stage.

For other criminal matters—or if you’re unsure how your situation will be handled—our Criminal Defense Lawyer Dallas can review your case and guide you on the best next step. Contact us today to get clear answers and start building your defense.

Frequently Asked Questions

Is sexual assault always a felony in Texas?

Yes. Sexual assault under Penal Code § 22.011 is generally a second-degree felony and a first-degree felony in some circumstances. Aggravated sexual assault under § 22.021 is a first-degree felony with enhanced minimums in some cases.

What is the difference between sexual assault and aggravated sexual assault?

Aggravated sexual assault includes one or more aggravating factors, such as serious bodily injury, threats of death, use of a deadly weapon, the involvement of another actor, or specific characteristics of the alleged victim such as being younger than 14.

Will I have to register as a sex offender if convicted?

In most sexual assault cases, yes. Texas Code of Criminal Procedure Chapter 62 generally requires registration after conviction or deferred adjudication for sex offenses. Length of registration depends on the offense.

Can sexual assault charges be defended?

Yes. Strong defenses may include consent, mistaken identity, false allegation, lack of intent, and constitutional violations during investigation. Each case requires careful, individualized analysis.

What if police only want to “talk” and have not arrested me?

Even an informal interview can be the most damaging stage of the case. Do not give a statement without an attorney. Our attorneys often intervene before charges are filed and can communicate with investigators on your behalf.