LawServer Nav Menu

Texas Penal Code 22.021 – Aggravated Sexual Assault

(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(iii) causes 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; or
(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act;
(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or
(C) the victim is an elderly individual or a disabled individual.
(b) In this section:
(1) “Child” has the meaning assigned by § 22.011(c).
(2) “Elderly individual” has the meaning assigned by § 22.04(c).
(3) “Disabled individual” means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.

Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Penal Code 22.021

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
  • Deadly weapon: means :
    (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
    (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Penal Code 1.07
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Penal Code 1.07
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07

(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in § 22.011(b).
(d) The defense provided by § 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:
(1) the victim of the offense is younger than six years of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

Texas Penal Code 22.021 – Aggravated Sexual Assault

(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(iii) causes 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; or
(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act;
(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or
(C) the victim is an elderly individual or a disabled individual.
(b) In this section:
(1) “Child” has the meaning assigned by § 22.011(c).
(2) “Elderly individual” has the meaning assigned by § 22.04(c).
(3) “Disabled individual” means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.

Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Penal Code 22.021

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
  • Deadly weapon: means :
    (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
    (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Penal Code 1.07
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Penal Code 1.07
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07

(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in § 22.011(b).
(d) The defense provided by § 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:
(1) the victim of the offense is younger than six years of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).