Aggravated Sexual Assault

The crime of sexual assault in Texas involves allegations of specific sexual acts against another person without their consent. A crime of sexual assault can become classified as aggravated sexual assault when certain aggravating factors are proven.

Aggravated sexual assault charges are more serious than sexual assault charges. The difference between the two offenses can be staggering because it means the crime goes from two to twenty years in prison for sexual assault to five to ninety-nine years or life in prison for aggravated sexual assault. 

The defense provided by § 22.011(d) applies to sexual assault and aggravated sexual assault. Section 22.011(d) provides that it is a defense to the prosecution if the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

Attorney for Aggravated Sexual Assault in San Antonio, TX

If you were charged with aggravated sexual assault in San Antonio or Bexar County, Texas, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Don Flanary is experienced in representing clients charged with a variety of sexually motivated crimes including sexual assault, indecent exposure, public lewdness and aggravated kidnapping.

Don Flanary represents clients arrested in San Antonio, TX, or the surrounding communities in Bexar County including New Braunfels, Seguin, Schertz, Timberwood Park, Boerne, Live Oak, Canyon Lake, Converse, Leon Valley, Cibolo, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Terrell Hills, Helotes, Selma and Windcrest. 

He also represents clients throughout the San Antonio area and the counties adjacent to Bexar County such as Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County. 


Elements of Texas Penal Code Section 22.021

The elements of aggravated sexual assault under Texas Penal Code Section 22.021(A)(1)(A) include intentionally and 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. 

The elements of aggravated sexual assault under Texas Penal Code Section 22.021(A)(1)(B) include intentionally and 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.

Additionally, a conviction for aggravated sexual assault also requires proof beyond all reasonable doubt that the defendant:

(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 death, serious bodily injury, or kidnapping will be imminently be inflicted on any person;

(III) by acts or words occurring in the presence of the victim threatens 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 towards the same victim and occurring during the course of the same criminal episode; or

(VI) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

Alternatively, aggravated sexual abuse requires proof beyond all reasonable doubt that the victim is younger than 14 years of age or the victim is an elderly individual or a disabled individual.


Definitions under the Texas Aggravated Sexual Assault Statute

For purposes of the Texas statute for aggravated sexual assault, the term child is assigned the meaning in § 22.011(c). The term “elderly individual” and “disabled individual” have the meanings assigned by § 22.011(b).

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) as explained above.


Finding a Lawyer for Aggravated Sexual Assault in Bexar County, TX

One of the most serious crimes under Texas law is aggravated sexual assault. A serious criminal accusation needs an experienced criminal defense attorney at every stage of the case.

Call Don Flanary, an experienced criminal defense lawyer for sexual offenses prosecuted in the greater San Antonio area and throughout Bexar County and the surrounding counties.


This article was last updated on Friday, December 16, 2016.

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