Texas Penal Code § 21.02 creates the offense of continuous sexual abuse of a child — a first-degree felony with a 25-year minimum sentence and no parole until 25 calendar years served. The State must prove two or more acts of sexual abuse during a period of 30 days or more against a child under 14 (or a disabled person).
Section 21.02 is the most aggressive child sex offense statute in Texas. It bundles multiple discrete acts into a single first-degree felony, eliminates the need for jury unanimity on which specific acts occurred, and imposes a mandatory minimum that exceeds even some homicide sentences.
The Elements
Under § 21.02(b), the State must prove:
- During a period of 30 days or more;
- The actor committed two or more acts of "sexual abuse";
- At the time of each act, the actor was 17 years of age or older;
- The complainant was a child younger than 14, or a disabled individual.
"Acts of sexual abuse" under § 21.02(c) include: aggravated kidnapping with intent to commit a sex offense, indecency by contact, sexual assault, aggravated sexual assault, sexual performance by a child, trafficking, and certain enumerated offenses. Indecency by exposure does not count.
No Jury Unanimity Required on Specific Acts
The most controversial feature of § 21.02 is § 21.02(d): "the jury is not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period of 30 or more days in duration, committed two or more acts of sexual abuse."
This was upheld in Render v. State, 316 S.W.3d 846 (Tex. App.—Dallas 2010, pet. ref'd). The result: defendants can be convicted with jurors disagreeing about exactly what happened.
Penalties
- First-degree felony with a 25-year minimum and 99-year or life maximum;
- Fine up to $10,000;
- No parole eligibility until 25 calendar years served — under Government Code § 508.145(a);
- Lifetime sex offender registration;
- 3g offense for purposes of probation eligibility — straight probation generally unavailable.
This is one of the most severe sentencing schemes in Texas law. A 25-year-old defendant convicted under § 21.02 will be at least 50 before becoming eligible for parole consideration.
Defenses Specific to § 21.02
Lesser-Included Charges
The defense should always seek to break a § 21.02 indictment into its component sexual assault, aggravated sexual assault, or indecency counts. Each lesser-included is itself a felony, but none carries the 25-year minimum or no-parole rule.
Challenging the 30-Day Window
If the State cannot prove acts spanning at least 30 days, the offense fails — even if multiple acts are otherwise proven. Witness inconsistencies about timing become outcome-determinative.
Challenging the Two-Act Minimum
The State must prove at least two acts. If the evidence shows only one act, or two acts that occurred within 30 days of each other, § 21.02 cannot stand.
Forensic Interview Challenges
Most § 21.02 cases rely on a single Children's Advocacy Center interview. Improper questioning, repeated interviews, parental coaching, and confirmation bias can all render the testimony unreliable. A defense expert in child forensic psychology is essential.
Outcry Statement Challenges
Article 38.072 outcry testimony has strict notice and reliability requirements. The State must prove who was the first adult told and when — failure to designate the proper outcry witness causes exclusion.
Statute of Limitations
Under CCP Article 12.01(1)(B), continuous sexual abuse of a child has no limitations period. Charges can be filed decades after the alleged offense — limited only by witness availability and evidence preservation.
Plea Negotiation Considerations
Because of the 25-year minimum, plea negotiations in § 21.02 cases typically focus on:
- Pleading down to one or more aggravated sexual assault counts (5-year minimum) or indecency by contact counts (2-year minimum);
- Negotiating a sentence below the 25-year minimum that the § 21.02 charge would mandate;
- Securing deferred adjudication on a lesser charge in rare cases with weak evidence;
- Avoiding the no-parole consequence by avoiding § 21.02 entirely.
What to Do If You Are Under Investigation or Charged
- Do not speak with police or investigators without an attorney — even to "explain" or "clear things up." Anything you say can be used.
- Do not contact the complainant, the complainant's family, or witnesses — directly, through social media, or through third parties.
- Preserve digital evidence — text messages, dating-app conversations, location data, emails — but do not delete anything.
- Do not post on social media about the allegations, your relationship with the complainant, or anything related to the case.
- Contact L and L Law Group immediately at (214) 466-1398 — we answer 24/7.
Frequently Asked Questions
How long is the minimum sentence for continuous sexual abuse of a child?
25 years in TDCJ. This is mandatory and cannot be reduced through plea negotiation while the § 21.02 charge stands. Defendant must serve all 25 calendar years before parole eligibility.
Can § 21.02 be charged if there is only one act?
No. The statute requires at least two acts over a period of at least 30 days. A single act, no matter how serious, falls under § 22.011 or § 22.021 — not § 21.02.
Why does § 21.02 not require jury unanimity on specific acts?
Section 21.02(d) explicitly waives the unanimity requirement, treating the offense as a single course of conduct. Texas appellate courts have upheld this in multiple challenges including Render v. State.
Is there a Romeo and Juliet defense to § 21.02?
No. The statute requires the actor to be 17 or older and the complainant under 14 — by definition, the age difference exceeds the 3-year affirmative-defense window in §§ 21.11 and 22.011.
Does the statute of limitations apply to continuous sexual abuse of a child?
No — there is no limitations period. The State can charge decades after the alleged offense, subject only to witness and evidence availability.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing sexual assault defense charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas and federal criminal law are complex and fact-specific — please consult a licensed attorney about your particular situation. Past results do not guarantee future outcomes.