Continuous sexual abuse of a child in Texas is a first-degree felony under Penal Code Section 21.02, defined as committing two or more qualifying sexual acts against a child under 14 (or a disabled individual) over a span of at least 30 days.1State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual A conviction carries a mandatory prison sentence of 25 years to life, with no parole and no probation available at any point.
What Counts as the Offense
Section 21.02 has a short list of elements, and every one has to be present. The person accused must have been 17 or older at the time of each act. The victim must have been younger than 14, or a disabled individual, at the time of each act. There must have been at least two acts of sexual abuse. And those acts must have taken place over a period of 30 days or more.1State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual
The acts can be against the same child or different children. Knowing the child’s age is not a defense. If the child was in fact under 14, the prosecution does not have to prove the defendant knew that, and a belief that the child was older will not defeat the charge.1State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual
Which Acts Qualify
The statute lists eight categories of conduct that count as an “act of sexual abuse” for purposes of this charge:1State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual
- Sexual assault under Section 22.0112State of Texas. Texas Penal Code 22.011 – Sexual Assault
- Aggravated sexual assault under Section 22.0213State of Texas. Texas Penal Code 22.021 – Aggravated Sexual Assault
- Indecency with a child by sexual contact under Section 21.11(a)(1), excluding touching the breast of a child through clothing
- Aggravated kidnapping under Section 20.04(a)(4), when committed with intent to sexually abuse the victim
- Sexual performance by a child under Section 43.25
- Trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8)
- Compelling prostitution under Section 43.05
- Burglary under Section 30.02(d), when committed with intent to carry out any of the offenses listed above
The two acts the state proves do not have to come from the same category. One act of indecency with a child and one act of sexual assault, for example, together satisfy the requirement.
The 30-Day Rule
The word “continuous” in the name of this charge refers to a specific threshold. If the acts fall inside a window shorter than 30 days, Section 21.02 does not apply, and the state has to charge the underlying offenses separately. One act on day one and another on day thirty-one is enough. The acts do not need to be evenly spaced, and the state does not have to prove the exact dates. It only has to establish that the conduct stretched across at least 30 days. In most cases, the alleged abuse spans months or years, so the threshold is easy to meet.
How Juries Decide
Jury agreement works differently here than in a typical criminal trial. Normally every juror has to agree on exactly which act the defendant committed. Under Section 21.02, all twelve jurors must agree only that the defendant committed at least two qualifying acts during a period of 30 or more days. They do not have to agree on which specific acts, or on when each one happened.1State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual
The rule reflects how these cases usually come to court. A child may remember that something happened many times before a particular birthday, or during the summer they lived in a certain house, without being able to put calendar dates on any of it. The relaxed unanimity requirement lets the prosecution build a case on a pattern of abuse rather than two pinpointed incidents.
Sentence: 25 Years to Life
Continuous sexual abuse is a first-degree felony with an enhanced floor. An ordinary first-degree felony in Texas runs from 5 to 99 years or life.4State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment Section 21.02 lifts the minimum to 25 years and keeps the maximum at 99 years or life.1State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual A judge or jury cannot go below 25 years, no matter the circumstances. A fine of up to $10,000 may be imposed in addition to the prison term.
No Parole, No Probation
This is what sets Section 21.02 apart from nearly every other felony in Texas. A person convicted under this statute is categorically ineligible for parole.5State of Texas. Texas Government Code 508.145 – Eligibility for Release on Parole; Computation of Parole Eligibility Date Every day of the sentence is served in the Texas Department of Criminal Justice. A 25-year sentence means 25 actual years in prison. No early release, no halfway-point parole hearing, no credit toward release for good behavior.
Texas law also forbids judges from granting community supervision or deferred adjudication for this offense. Once a jury or judge returns a guilty verdict, the defendant is going to prison for at least a quarter of a century with no mechanism for early release.
Enhanced Penalty for Repeat Offenders
A defendant with a prior conviction for a sexually violent offense faces an even steeper penalty. Under Section 12.42, a person convicted of a sexually violent offense who has a previous final conviction for another sexually violent offense must be sentenced to life without the possibility of parole.6State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony Continuous sexual abuse under Section 21.02 is a qualifying predicate offense, so a prior conviction can trigger the life-without-parole enhancement on a second sexually violent conviction, and a prior sexually violent conviction can trigger it on a Section 21.02 case.
No Statute of Limitations
Texas sets no time limit on bringing charges for continuous sexual abuse of a young child or disabled individual.7State of Texas. Texas Code of Criminal Procedure Art 12.01 – Felonies An indictment can be filed five, twenty, or forty years after the fact. The absence of a deadline matters in child abuse cases, where victims often do not disclose until adulthood.
Charging Limits and Plea Dynamics
When all the alleged acts were against a single victim, the state may file only one count of continuous sexual abuse.1State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual The defendant also cannot be convicted of both continuous sexual abuse and a separate underlying offense (like a standalone sexual assault count) against the same victim, unless that standalone charge covers conduct outside the continuous abuse timeframe or is treated as a lesser included offense. When multiple children are involved, separate counts can be filed for each.
Because probation is off the table and parole is impossible, plea negotiations work differently than in other felony cases. The prosecution holds heavy leverage. The practical choice is often between going to trial and risking a sentence well above 25 years, or pleading to a reduced charge such as standalone sexual assault or aggravated sexual assault, which carry shorter minimums and may leave parole on the table. Whether a reduction is realistic depends on the evidence and the facts of the case.
Lifetime Sex Offender Registration
A conviction triggers mandatory registration under Chapter 62 of the Texas Code of Criminal Procedure, and the obligation lasts for life. Under federal SORNA rules, offenders in the highest tier have to verify their registration in person every 90 days.8SMART Office. SORNA In Person Registration Requirements The Texas registry is public. Anyone can look up a registered person’s home address, employer, vehicle, and criminal history. Failing to keep the information current is a separate felony. Many local governments also restrict where registered offenders can live, commonly banning residence within a set distance of schools, parks, and daycare facilities.
Federal Fallout
A conviction under Section 21.02 brings several federal consequences that apply no matter where the person ends up living after release.
Firearms
Federal law permanently bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Continuous sexual abuse easily clears that threshold, so the ban is automatic and lifelong. Possessing even a single round of ammunition after release is a separate federal felony.
Passport Identifier
Under the International Megan’s Law, the U.S. State Department places a unique visual identifier on the passport of any person required to register as a sex offender.10Office of the Law Revision Counsel. 22 USC 212b – Unique Passport Identifiers for Covered Sex Offenders Foreign immigration officers see the designation when the passport is scanned, and many countries deny entry on that basis. For someone with a Section 21.02 conviction, the identifier stays on the passport for life.
Public Housing
Federal regulations require public housing authorities to deny admission to any applicant subject to lifetime sex offender registration.11U.S. Department of Housing and Urban Development. State Registered Lifetime Sex Offenders in the Housing Choice Voucher and Public Housing Programs FAQ The ban covers traditional public housing and Housing Choice Vouchers (Section 8). Local housing authorities have no discretion to make exceptions.