Frequently Asked Questions

What are the laws in Texas for Aggravated Sexual Assault?

• The laws in Texas for Aggravated Sexual Assault are Texas Penal Code §22.021^[1]. These laws prohibit violent sexual assault and sexual assault that uses the the threat of violence as well as sexual assault committed through means of using a substance to alter the victim’s mental state. These laws also prohibit any sexual contact with persons under the age of 14 year old, the elderly and the disabled. In addition, the Texas Aggravated Sexual Assault laws provide a defense to prosecution that the sexual contact was performed for medical care. The laws in Texas for Aggravated Sexual Assault provide that the offense is a first degree felony and provide for enhanced penalties in some situations.

What is a Class C Assault in Texas?

• A Class C Assault in Texas is a type of assault that is punishable under the criminal code only as a low-level misdemeanor. It is important to remember that just because it is punishable only as a low-level misdemeanor does not mean that it cannot be devastating for someone’s life. It can cause an employer to fire you, career loss, serious immigration consequences like deportation, denial of firearm rights, loss of visitation rights, among many other serious consequences.
• Class C Assault in Texas comprises two types of assault. The first is Assault by Threat (Penal Code §22.01(a)(2)^[2]), wherein the state would accuse you of threatening imminent bodily injury. The second is Assault by Offensive Contact (Penal Code §22.01(a)(3)^[3]). This type of Class C assault occurs when someone contacts another person, causes the other person to feel “offended,” but without causing any further bodily injury.

What are the theft laws in Texas?

• The theft laws in Texas are primarily Texas Penal Code §31.03. These laws don’t just prohibit “stealing,” they are much more expansive. They prohibit you from the unlawful appropriation of someone else’s property if you intend to deprive them of that property. The elements of the offense require that the state to prove that someone else actually owned some property, that you “appropriated” the property, that the appropriation was “unlawful” and that you had the state of mind to do that act intentionally (as opposed to mistakenly, for instance).^[4]
• The theft laws in Texas go into detail about what “unlawful appropriation” means. There are three different ways in which appropriation (which essentially means taking control over something) is unlawful: “(1) it is without the owner’s effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.”^[5]

What are the penalties for engaging in organized criminal activity in Texas?

• The exact penalties for engaging in organized criminal activity in Texas vary depending on the nature of what kind of “criminal activity” the offender organized. In general, the penalty is one category higher than the most serious offense that was organized. So for instance, if the organized criminal activity was Class B theft, then the penalty for engaging in organized Class B theft would be the penalty range for Class A misdemeanors (up to one year in jail and up to a $4,000 fine).^[6]
• However, there are exceptions to this general rule regarding penalties for engaging in organized criminal activity. The penalty jumps up to a first degree felony and punishable by life without parole, for certain organized aggravated sexual assault charges.^[7] The penalty jumps up to a first degree felony and punishable by a minimum of 30 years in prison if the organized activity was continuous smuggling of persons and someone who was smuggled died, was seriously injured or sexually assaulted.^[8] If the underlying criminal activity was any other first degree felony, the penalty jumps up to a minimum fifteen years in prison.^[9]
• Another exception to this general rule regarding penalties for engaging in organized criminal activity concerns conspiracies. While conspiracies are usually punished lower than the underlying offense that was conspired, if the conspiracy was the basis of the engaging in organized criminal activity charge, the conspiracy is punished as if what was conspired had actually been achieved.^[10]

What are the penalties in Texas for being charged with indecency with a child?

• The penalties in Texas for Indecency with a Child vary depending on the subsection of the statute on which your conviction was based, and the prison time can be up to either ten or twenty years (with a minimum of two years regardless of which section applies). In addition, the penalties include mandatory registration on the sex offender list, even if you are not convicted and instead take deferred adjudication.
• Indecency with a Child is punished as a second degree felony if the conviction is based on subsection (a)(1) (Sexual Contact), carrying a prison range between two and twenty years. Indecency with a Child is punished as a third degree felony if it is charged under subsection (a)(2) (Exposure), carrying a prison range between two and ten years.
• However, the prison sentence may also be probated, in which case you would serve “community supervision” subject to restrictions placed on you as a condition of probation.

1. See Penal Code §22.021 ↑
2. See Penal Code §22.01(a)(2) ↑
3. See Penal Code §22.01(a)(3) ↑
4. See Penal Code §31.03(a) ↑
5. See Penal Code §31.03(b) ↑
6. See Penal Code §71.02(b) ↑
7. See Penal Code §71.02(b)(1) ↑
8. See Penal Code §71.02(b)(2) ↑
9. See Penal Code §71.02(b)(3) ↑
10. See Penal Code §71.02(c) ↑