Texas sexual assault under Penal Code § 22.011 is a second-degree felony — 2 to 20 years TDCJ and up to a $10,000 fine. The statute covers non-consensual penetration where the actor uses force, threats, or knows the complainant cannot consent. A conviction triggers lifetime sex offender registration under Code of Criminal Procedure Chapter 62.
A sexual assault charge under Texas Penal Code §22.011 carries some of the harshest collateral consequences in Texas law: prison time, public registration, employment loss, immigration consequences, and a permanent felony record. Defending these cases requires immediate, experienced counsel — not later, not "after we figure out what happened."
Statutory Definition
A person commits sexual assault under § 22.011(a)(1) if they intentionally or knowingly:
- Cause penetration of the anus or sexual organ of another person by any means, without that person's consent;
- Cause penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
- Cause the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
Section 22.011(a)(2) covers sexual assault of a child, defined as a person younger than 17 — discussed in our statutory rape guide.
What "Without Consent" Means in Texas
Section 22.011(b) lists eleven circumstances where the State can prove the act was without consent. These include:
- Force, violence, or threats against the complainant or a third party;
- Physical incapacity — the complainant was unconscious or unable to resist;
- Mental incapacity — the complainant could not understand the act due to mental disease or defect known to the actor;
- Intoxication known to the actor that prevents consent;
- Fraud or false impression as to the actor's identity (sleeping spouse cases);
- Public servants, mental health providers, clergy, and certain other relationships of trust where consent is statutorily voided.
Note that intoxication alone does not make the encounter non-consensual. The State must prove the complainant was so intoxicated as to be incapable of consent and that the actor knew it.
Penalties and Registration
Sexual assault is a second-degree felony: 2 to 20 years in TDCJ and a fine up to $10,000. Several enhancements apply:
- First-degree felony enhancement (5 to 99 years or life) if the complainant is a person whom the actor was prohibited from marrying under Family Code § 6.201 (incest);
- Lifetime sex offender registration under Code of Criminal Procedure Chapter 62 — the most serious tier;
- No straight probation for first-degree convictions; deferred adjudication is sometimes available for second-degree but rarely granted in trial-court practice.
Federal immigration consequences are severe: sexual assault is an aggravated felony under 8 U.S.C. § 1101(a)(43)(A), mandating deportation for non-citizens.
Common Defenses
Consent
The most common defense. The State has the burden to prove the act was without consent. Texts, location data, prior history, and witnesses can all support a consent defense.
Mistaken Identification
DNA evidence and reliable eyewitness testimony are critical. We routinely retain forensic experts to challenge the State's analysis under Texas Forensic Science Commission protocols.
False Allegation
Cases stemming from custody disputes, bad breakups, or financial motive deserve scrutiny. Our false allegations guide covers the investigative steps that often expose fabrication.
Fourth and Fifth Amendment Challenges
Statements obtained without Miranda warnings, or evidence seized without a warrant or probable cause, can be suppressed under Mapp v. Ohio, 367 U.S. 643 (1961) and Miranda v. Arizona, 384 U.S. 436 (1966).
Pre-Indictment Investigation
Most Texas sexual assault cases start with a complaint to police. The detective will often request an interview — do not give one. Federal and state cases are routinely won or lost in the first 48 hours based on:
- Whether the suspect made a custodial or non-custodial statement;
- Whether SANE (Sexual Assault Nurse Examiner) evidence was collected and preserved properly;
- Whether the complainant gave a recorded forensic interview;
- Whether a "pretext call" was conducted — a recorded phone call from the complainant to the suspect, used to elicit incriminating responses.
An attorney engaged before charges are filed can sometimes prevent indictment entirely.
Statute of Limitations
Under Texas Code of Criminal Procedure Article 12.01:
- No limitations period for sexual assault of a child, aggravated sexual assault, and continuous sexual abuse of a child;
- Ten years for adult sexual assault — extended to no limit if biological evidence is collected and not yet tested.
The 2007 Lavinia Masters Act and subsequent amendments effectively eliminated the limitations bar in most cases where DNA exists.
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
Is sexual assault always a felony in Texas?
Yes. Under § 22.011 it is at minimum a second-degree felony (2 to 20 years). It is never a misdemeanor.
Can sexual assault charges be dismissed?
Yes — through motions to suppress, insufficient evidence, recantation, successful pre-indictment intervention, or grand jury "no bill." We have helped clients avoid indictment entirely in pre-charge cases.
What is the difference between sexual assault and aggravated sexual assault?
Aggravated sexual assault under § 22.021 adds one of several aggravating factors — serious bodily injury, deadly weapon use, multiple actors, drugging, or a complainant under 14 or over 65 — and is a first-degree felony (5-99 or life). See our aggravated sexual assault guide.
Does Texas require sex offender registration after a conviction?
Yes. Sexual assault triggers lifetime registration under Code of Criminal Procedure Chapter 62 — the most restrictive registration tier. This includes residency restrictions, employment limits, and quarterly reporting.
Should I speak to police if they say they "just want my side"?
No. Polite refusal and a request for an attorney are the only safe responses. Even truthful statements have been used to convict — particularly when later contradicted by minor details.
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.