Understanding Types of Charges for Sexual Assault in Texas
Under the Texas Penal Code, more than one type of offense can be charged in relation to unwanted sexual contact. While the term “sexual assault” colloquially includes both criminal definitions that exist under Texas law, the Texas Penal Code distinguishes between the offenses of “indecent assault” and “sexual assault.” Both offenses can also involve enhancements, which can result in more serious or aggravated charges.
If you are facing charges for either indecent assault or sexual assault, it is critical to have experienced legal counsel on your side to assist with your defense. In the meantime, our Texas criminal defense attorneys can provide you with more information about the differences between these types of charges and how they apply in Texas prosecutions.
Defining Sexual Assault
The criminal offense of sexual assault is typically charged as a felony of the second degree, though it can be charged as a felony of the first degree if there are enhancing circumstances. In limited circumstances, it may be charged as a lesser state jail felony, but it remains a felony offense.
Sexual assault under Section 22.011 of the Texas Penal Code specifically involves forms of penetration and is a more serious offense than indecent assault, which we will explain below. A person can be convicted of sexual assault if the prosecution can prove that the person intentionally or knowingly caused the penetration of the anus, sexual organ, or mouth of another person without consent, or caused the sexual organ of another person to contact or penetrate another’s mouth, anus, or sexual organ without consent.
Defining Indecent Assault
Indecent assault is a specific type of charge related to sexual assault that was added to the Texas Penal Code back in 2019 to address, essentially, the fact that the offense of sexual assault did not include unwanted sexual touching without penetration.
Now, under Section 22.012 of the Texas Penal Code, a person can face charges for a Class A misdemeanor (the most serious type of misdemeanor), or up to a felony of the third degree based on enhancing circumstances, for indecent assault.
To be convicted of this offense, the prosecution must prove that the person, “without the other person’s consent and with the intent to arouse or gratify the sexual desire of any person,” engages in touching another’s anus, breast, or any part of the genitals, or touches another person with any person’s anus, breast, or genitals, causes contact with blood, seminal or vaginal fluid, saliva, urine, or feces of another person, or exposes (or attempts to expose) another person’s genitals, pubic area, anus, buttocks, or breast.
Contact Our Texas Sex Crime Lawyer for Assistance Defending Against Sexual Assault or Indecent Assault Charges
Have you been accused of a crime that could result in sex offense charges in the future, or are you already facing charges for indecent assault or sexual assault? These are serious criminal offenses that can result in severe penalties if you are convicted. You should seek legal advice as soon as possible from an experienced Texas sex offense defense attorney at John Reed, Attorney at Law. We can discuss the details surrounding your arrest with you and the charges you are facing, and we can begin working with you on a defense strategy that is specifically tailored to the facts of your case. Contact us for additional information.
Source:
statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.22&artSec=22.011
