Texas continuous sexual abuse of a child — Penal Code § 21.02
Texas continuous sexual abuse of a child is a criminal offense under Penal Code § 21.02. Base conduct is classified as a first-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 21.02 is among the most severe non-capital criminal statutes in Texas law. It requires proof of two or more "acts of sexual abuse" committed during a period of 30 days or more against a child younger than 14 by a defendant 17 or older. A § 21.02 conviction carries a 25-year minimum and requires lifetime sex offender registration under CCP
Classification: First-degree felony
Punishment range: 25 years to 99 years or life TDCJ — NO PROBATION, no parole eligibility until 25 years served
The controlling statute
Texas Penal Code § 21.02 is among the most severe non-capital criminal statutes in Texas law. It requires proof of two or more "acts of sexual abuse" committed during a period of 30 days or more against a child younger than 14 by a defendant 17 or older. A § 21.02 conviction carries a 25-year minimum and requires lifetime sex offender registration under CCP Chapter 62.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 21.02 |
| Cluster | Violent Crimes |
| Classification | First-degree felony |
| Range | 25 years to 99 years or life TDCJ — NO PROBATION, no parole eligibility until 25 years served |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 21.02 charge, the State must prove every element beyond a reasonable doubt:
- Defendant was 17 years of age or older at the time of each act
- Victim was a child younger than 14 years of age
- Defendant committed two or more "acts of sexual abuse" listed in § 21.02(c)
- The acts occurred during a period that is 30 or more days in duration
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Continuous Sexual Abuse of a Child case:
- Election of specific predicate acts — State must elect under unanimity requirements
- Statute of limitations analysis (continuing offense rules)
- Forensic interview protocol challenges (RATAC, ChildFirst, NICHD)
- Cross-examination on suggestibility, motive, and timing
- Outcry statement challenges under CCP Article 38.072 — the first adult outcry rules
- Lesser-included offense strategy — single counts of § 22.011, § 21.11, or § 43.25
Enhancements & collateral consequences
A § 21.02 conviction is one of the most severe in Texas. Probation is unavailable under CCP § 42A.054. Parole is unavailable until 25 years are served under Government Code § 508.145. Lifetime registration under CCP Chapter 62 is required. Federal SORNA Tier III may apply.
Key Legal Terms
- Acts of Sexual Abuse (§ 21.02(c))
- Enumerated predicate offenses including aggravated kidnapping with sexual intent, indecency with a child, sexual assault, aggravated sexual assault, burglary with sexual intent, sexual performance by a child, trafficking with sexual purpose, and compelling prostitution.
- Outcry Statement (CCP Art. 38.072)
- The first statement about the alleged abuse made by a child victim to an adult — admissible as substantive evidence when the trial court determines the statement is reliable based on time, content, and circumstances.
- Lifetime Registration (CCP Ch. 62)
- Continuous sexual abuse of a child triggers lifetime sex offender registration. Annual verification, address restrictions, and employment restrictions all apply for life.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the penalty for continuous sexual abuse of a child in Texas?
How many acts are required for continuous sexual abuse charges?
Is jury unanimity required on specific acts in continuous sexual abuse cases?
What is the statute of limitations for continuous sexual abuse of a child?
Can DNA evidence prove continuous sexual abuse?
References & Authoritative Sources
About the Authors
Charged with Texas Continuous Sexual Abuse of a Child? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060