Penal Code · §22.021

Aggravated Sexual Assault

Elements

  • A person
  • Commits sexual assault as defined in §22.011(a); AND
  • Any of the following aggravating circumstances apply: causes serious bodily injury or attempts to cause death of the victim or another in the course of the same criminal episode; by acts or words places the victim in fear that any person will be subjected to death, serious bodily injury, or kidnapping; uses or exhibits a deadly weapon; acts in concert with another committing sexual assault; administers any controlled or other substance to facilitate the act; OR the victim is younger than 14, 65 or older, or a disabled individual

Penalty

First-degree felony — 5 to 99 years or life TDCJ + up to $10,000 fine (§12.32). Mandatory minimum 25 years if victim is younger than 6, or younger than 14 with serious bodily injury, deadly weapon use, drugs administered, or in-concert circumstances. Subject to enhanced parole eligibility.

Enhancements

Sex offender registration required for life. May rise to capital felony if the act is part of a continuous course of conduct supporting capital murder (e.g., murder during sexual assault under §19.03). Death penalty available under §22.021(f) for offenders previously convicted of certain sex offenses against a child.

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