Continuous Sexual Abuse: Texas Penal Code §21.03

The Texas Continuous Sexual Abuse offense applies when, during a period of 30 days or more, a person 17 years of age or older commits two or more acts of sexual abuse against two or more victims.

This is a brand new offense created by the legislature in 2025. This law went into effect on September 1, 2025, and only applies to offenses committed on or after that date.

This new Continuous Sexual Abuse offense is separate from, and in addition to, the existing §21.02 Continuous Sexual Abuse of Young Child or Disabled Individual offense, which covers child victims under 14 and disabled individuals. By contrast, this §21.03 offense only applies for allegations involving multiple victims, but it does not matter whether they are children or might be disabled.

In order for the law to apply, you must be at least 17 years old at the time of the offense, and prosecutors must allege that you engaged in two or more acts of sexual abuse against two or more victims over a period of 30 days or longer.

Because the offense requires a continuing pattern of sexual abuse, it’s prosecuted as a first-degree felony even when the underlying acts might otherwise be charged separately as lower-level offenses.

The Penal Code classifies the Texas Continuous Sexual Abuse law under Title 5 “Offenses Against the Person,” Chapter 21 “Sexual Offenses.” Learn more about the Texas offense of Continuous Sexual Abuse below.

What is the current Texas law about Continuous Sexual Abuse?

Texas law currently defines the offense of Continuous Sexual Abuse in Penal Code Section §21.03 as follows:^[1]

(a) A person commits an offense if:

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse against two or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older.

(b) For purposes of this section, “act of sexual abuse” means any act that is a violation of one or more of the following penal laws:

(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually;

(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;

(3) sexual assault under Section 22.011;

(4) aggravated sexual assault under Section 22.021;

(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4);

(6) sexual performance by a child under Section 43.25;

(7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and

(8) compelling prostitution under Section 43.05.

Enactment effective in 2025

The Texas Legislature created this new offense in 2025 under Penal Code §21.03. This law applies to defendants aged 17 or older who allegedly commit two or more acts of sexual abuse against two or more victims during a period of at least 30 days.^[2] This new statute is applicable to allegations occurring on or after September 1, 2025.^[3]

Other important points about the law

The jury does not have to agree unanimously on which specific acts of sexual abuse occurred or on the precise dates those acts took place.^[4] However, jurors must unanimously agree that the defendant, during a period of 30 or more days, committed two or more acts of sexual abuse against at least two victims.

For example, a person could be convicted of Continuous Sexual Abuse under §21.03 if they commit Indecency with a Child against Jane Doe (age 12) on March 2, 2026 and commit Sexual Assault against John Doe (age 15) on April 2, 2026. But if both alleged acts occurred against the same victim within the 30-day period and that victim is a child under 14 or a disabled individual, the conduct may fall under §21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) instead.

How does the law define “sexual abuse” under §21.02 and §21.03?

Although Continuous Sexual Abuse of Young Child or Disabled Individual (§21.02) and the new Continuous Sexual Abuse offense (§21.03) apply to different categories of victims and carry different penalties, both laws use the exact same definition of “act of sexual abuse.” In both statutes, an “act of sexual abuse” includes violations of the following laws: Aggravated Kidnapping (§20.04(a)(4)), Indecency with a Child (§21.11(a)(1)), Sexual Assault (§22.011), Aggravated Sexual Assault (§22.021), Burglary of a Habitation (§30.02(d)) with sexual intent, Sexual Performance by a Child (§43.25), certain types of Trafficking of Persons (§20A.02(a)(3), (4), (7), or (8)), and Compelling Prostitution (§43.05).^[5]

This means the definition of “sexual abuse” is consistent across both statutes, but the Legislature chose to create §21.03 as a new and separate offense targeting patterns of abuse involving multiple victims rather than expanding §21.02. The key differences between the laws are the victim requirements and the penalty ranges, not the definition of “sexual abuse.”

What are the differences between §21.02 and §21.03?

While Continuous Sexual Abuse of Young Child or Disabled Individual under §21.02 and the new Continuous Sexual Abuse offense under §21.03 share the same definition of “sexual abuse,” they are not interchangeable. The Legislature created §21.03 in 2025 to address different conduct, and the differences between the two statutes are significant:

• Victim Requirements: §21.02 applies when the victims are children younger than 14 years old or disabled individuals. In contrast, §21.03 applies when the conduct involves two or more victims, regardless of age or disability status.^[6]
• Penalties: Both are first-degree felonies, but §21.02 carries a mandatory minimum sentence of 25 years and no eligibility for parole. §21.03 does not impose a special minimum and instead follows the general punishment range for first-degree felonies (5–99 years or life).^[7]
• Statute of Limitations: §21.02 has no statute of limitations, while §21.03 defaults to the general three-year statute of limitations for felonies because it is not listed in the “no limitation” category of Article 12.01.^[8]
• Legislative History: §21.02 was created in 2007 as part of “Jessica’s Law,” while §21.03 was enacted in 2025 to broaden the reach of continuous abuse laws to patterns involving multiple victims outside the scope of §21.02.^[9]

These distinctions make §21.03 an additional tool for prosecutors rather than a replacement for §21.02. Defense lawyers must carefully examine which statute is being used in a particular case, since the differences in punishment, limitations, and victim requirements can change the entire defense strategy.

What is the statute of limitations for Continuous Sexual Abuse in Texas?

The new Continuous Sexual Abuse offense under §21.03 is not included in the list of felonies that have no statute of limitations. As a result, indictments for this offense must be brought within three years of the date of the alleged conduct, unless the Legislature later amends Article 12.01 to extend or eliminate the limitations period.^[10] This is an important distinction from the older §21.02 offense, which has no limitations period.^[11]

What is the penalty for a Texas Continuous Sexual Abuse offense?

This offense is punished as a first-degree felony, carrying a punishment range of 5 to 99 years in prison, or life, and a maximum fine of $10,000.^[12] Unlike the related offense of Continuous Sexual Abuse of Young Child or Disabled Individual under §21.02, which has a mandatory minimum of 25 years in prison and no parole eligibility, the new Continuous Sexual Abuse offense under §21.03 follows the standard first-degree felony range and does not impose the 25-year minimum sentence.

Can you get probation for Continuous Sexual Abuse in Texas?

There does not appear to be a limitation on a jury’s ability to recommend probation for Continuous Sexual Abuse cases.^[13]

Note, however, that no matter the offense, juries may not recommend community supervision for any suspended sentence over 10 years.^[14] Also, for these cases, the law prohibits judges from accepting deferred adjudication pleas^[15] and imposing community supervision on their own accord.^[16]

Do I have to register as a sex offender in Texas if guilty of Continuous Sexual Abuse?

Any Texas Continuous Sexual Abuse conviction or adjudication, including deferred adjudication, requires registration as a sex offender.^[17]

What level of crime is Continuous Sexual Abuse in Texas?

The Penal Code classifies the punishment for Continuous Sexual Abuse as a first degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §21.03. This law is current as of 2025.^2. HB 1422, 89th Texas Legislature (RS), Section 18^3. HB 1422, 89th Texas Legislature (RS), Section 24^4. Texas Penal Code §21.03(c)^5. Texas Penal Code §21.02(c); Texas Penal Code §21.03(b)^6. Texas Penal Code §21.02; Texas Penal Code §21.03^7. Texas Penal Code §21.02(h); Texas Penal Code §21.03(g)^8. Code of Criminal Procedure art. 12.01^9. HB 1422, 89th Texas Legislature (RS)^10. Code of Criminal Procedure art. 12.01(11)^11. Code of Criminal Procedure art. 12.01(1)(D)^12 Texas Penal Code §21.03(g) and Texas Penal Code §12.32^13. See Art. 42A.056, Texas Code of Criminal Procedure^14. Art. 42A.056(1), Texas Code of Criminal Procedure^15. Art. 42A.102(b)(3)(B), Texas Code of Criminal Procedure^16. Art. 42A.054(a)(6-a), Texas Code of Criminal Procedure^17. Code of Criminal Procedure, Article 62.001(5)(A)