The Texas Indecent Assault law makes it a criminal offense to touch or expose certain body parts of yours or someone else when the other person involved did not give you permission to do so, and it also makes it illegal to “share” (shall we say) bodily fluids with another person who did not consent to the sharing.

Indecent Assault does not require penetration or contact the way that Sexual Assault does. Because it is punished as a Class A misdemeanor or state jail felony, it has the effect of enhancing certain offenses that would otherwise be considered Class C Assault – Offensive Contact, and it also covers additional types of behavior that doesn’t even necessarily require contact the same way that Class C Assault – Offensive Contact does.

The law was created by the 86th Texas Legislature and went into effect on September 1, 2019. The state jail felony enhancement was added by the legislature in 2023. Learn more detailed information about the Indecent Assault offense below.

What is the current Texas law on Indecent Assault?

The current Texas law defines the offense of Indecent Assault in Penal Code Section §22.012 as follows:^[1]

(a) A person commits an offense if, without the other person’s consent and with the intent to arouse or gratify the sexual desire of any person, the person:

(1) touches the anus, breast, or any part of the genitals of another person;

(2) touches another person with the anus, breast, or any part of the genitals of any person;

(3) exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks, or female areola; or

(4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.

What is the punishment range for Indecent Assault?

Indecent Assault is classified as a Class A misdemeanor, punishable by up to a year in jail and up to a $4,000 fine, unless the state jail felony enhancement applies.^[2]

In 2023, the legislature added a felony enhancement for repeat offenders and for situations where the accused person is a health care services provider or a mental health services provider and the assault occurred during the course of providing a treatment or service to the victim.^[3] In these situations, the offense is classified as a state jail felony unless the health care services provider or a mental health services provider is convicted as a repeat health care services provider or a mental health services provider offender, in which case the offense is classified as a third degree felony.^[4]

Is Indecent Assault a registrable offense?

As of 2023, the Indecent Assault does not currently appear on Texas’s list of registrable offenses.^[5]

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Legal References:

^1. Texas Penal Code §22.012^2. Texas Penal Code §22.012(b)^3. Texas Penal Code §22.012(b)(1), as enacted by HB 55, 88th Legislature^4. Texas Penal Code §22.012(b)(2), as enacted by HB 55, 88th Legislature^5. Texas Code of Criminal Procedure Section 62.001