Quick reference
Texas Penal Code § 22.011 governs Sexual Assault in Texas. The statute can be read in full at Texas Statutes via Texas Legislature Online. Punishment ranges and defenses depend on the specific subsection and circumstances of each case. Below is L and L Law Group's plain-English summary plus the strategic considerations we use when defending Sexual Assault charges.
What Texas Penal Code § 22.011 says
Section 22.011 of the Texas Penal Code is the controlling Texas statute for Sexual Assault. The statute defines what conduct is criminalized, what mental state (mens rea) is required, and what penalties apply. The full statutory text is published at capitol.texas.gov and updated each odd-numbered legislative session.
Like every Texas criminal statute, § 22.011 must be read together with:
Texas punishment classifications
The punishment for an offense under § 22.011 depends on the specific subsection charged and any enhancement allegations in the indictment. Texas Penal Code Chapter 12 sets the punishment ranges:
| Classification | Range | Authority |
|---|
| Class C misdemeanor | Fine up to $500 (no jail) | § 12.23 |
| Class B misdemeanor | Up to 180 days county jail; up to $2,000 fine | § 12.22 |
| Class A misdemeanor | Up to 1 year county jail; up to $4,000 fine | § 12.21 |
| State jail felony | 180 days - 2 years state jail (no parole); up to $10,000 fine | § 12.35 |
| 3rd-degree felony | 2-10 years TDCJ; up to $10,000 fine | § 12.34 |
| 2nd-degree felony | 2-20 years TDCJ; up to $10,000 fine | § 12.33 |
| 1st-degree felony | 5-99 years or life TDCJ; up to $10,000 fine | § 12.32 |
| Capital felony | Life without parole or death penalty | § 12.31 |
Enhancements under § 12.42 (prior felony convictions) and § 12.43 (prior misdemeanor convictions) can move the punishment range upward. The State must plead enhancement paragraphs in the indictment to use them at sentencing.
How L and L Law Group defends Sexual Assault cases
Every § 22.011 prosecution requires the State to prove each element of the offense beyond a reasonable doubt. The defense lawyer's job is to identify where the State's proof falls short. Common defense approaches in Sexual Assault cases:
- Constitutional defenses: Fourth Amendment suppression of evidence obtained through illegal search and seizure; Fifth Amendment / Miranda suppression of statements; Sixth Amendment right to counsel issues.
- Factual defenses: Mistaken identity, alibi, lack of corroboration, body-cam or surveillance contradictions of officer testimony.
- Legal defenses: Self-defense (Penal Code Chapter 9), necessity (§ 9.22), duress (§ 8.05), mistake of fact (§ 8.02), insanity (§ 8.01).
- Procedural defenses: Statute of limitations (CCP Article 12.01), speedy trial (Sixth Amendment), prosecutorial misconduct.
- Sentencing-phase defenses: Mitigation, character witnesses, treatment enrollment, employment verification, family support.
The right defense depends on the specific facts, the specific evidence the State has gathered, and the specific subsection charged.
Frequently asked questions
Is § 22.011 a felony in Texas?
The classification depends on the specific subsection and any enhancements alleged. Sexual Assault charges can range from Class C misdemeanor to 1st-degree felony in some cases. The indictment or information will specify the alleged classification.
What is the statute of limitations for Sexual Assault?
Most felonies in Texas have a 3-year statute of limitations under Code of Criminal Procedure Article 12.01, though some have no limitations period at all (capital felonies, certain offenses against children). Most misdemeanors have a 2-year limitations period under Article 12.02.
Can I get probation for an offense under § 22.011?
Probation eligibility depends on whether the offense is on the Code of Criminal Procedure Article 42A.054(a) aggravated-offense list (formerly "3g offenses"). Most non-aggravated offenses are probation-eligible. For complete probation framework, see our punishment range page.
Can the charge be expunged later?
If the case ends in dismissal, acquittal, or no-bill, expunction under Code of Criminal Procedure Chapter 55 is available. If the case results in successful deferred adjudication, non-disclosure under Government Code § 411.0725 may apply (subject to exclusion list). See our expunction page.
Does this charge require sex offender registration?
Only offenses listed under Code of Criminal Procedure Article 62.001(5) require registration. Most non-sexual offenses do not. If you have been charged under § 22.011 and are uncertain, the indictment and statute will indicate whether registration attaches.
What if § 22.011 was amended recently?
Texas statutes are amended each odd-numbered year (regular session). For prosecutions, the law in effect at the time of the alleged offense controls. Recent amendments to Texas Penal Code can be tracked at capitol.texas.gov.
Can L and L Law Group help with my Sexual Assault case?
Yes. We handle Sexual Assault cases across Collin, Dallas, Denton, Tarrant, Rockwall, Kaufman, Ellis, and Hunt counties. Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) take cases personally. Call (972) 370-5060 for a free, direct-to-attorney consultation.
Related resources at L and L Law Group
Elements of the Offense, Subsection by Subsection
Texas Penal Code § 22.011 defines Sexual Assault in two main categories: against adults (lack of consent) and against children under 17 (regardless of consent). Each contains specific aggravators and incapacity definitions.
§ 22.011(a)(1) — Sexual assault of an adult
A person commits an offense if the person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without that person's consent...
Plain English
The State alleges penetration without consent of an adult victim. 'Without consent' is defined in § 22.011(b) and includes force, threat, incapacity, and other listed circumstances.
What the State must prove
- Intentional or knowing conduct
- Penetration as defined by the statute
- Lack of consent under one of the § 22.011(b) circumstances
Common defenses
- Consent — the central factual defense in many adult cases
- Mistaken identity (DNA, alibi, time-and-place issues)
- Suggestive identification procedures (Manson v. Brathwaite framework)
- Lack of penetration as defined
§ 22.011(a)(2) — Sexual assault of a child
A person commits an offense if the person intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means; causes the penetration of the mouth of a child by the sexual organ of the actor; ...
Plain English
When the alleged victim is under 17 and not the defendant's spouse, consent is not a defense. The age of the victim is a strict-liability element under § 22.011(a)(2).
What the State must prove
- Intentional or knowing conduct
- Penetration as defined
- Victim is younger than 17 and not the defendant's spouse
Common defenses
- Limited Romeo-and-Juliet defense under § 22.011(e) (no more than three years older, plus other conditions)
- Mistaken identity
- Lack of penetration
- Constitutional challenges based on procedure (suppression, etc.)
§ 22.011(b) — Definition of without consent
A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person...
Plain English
Section (b) lists eleven specific ways the State can show lack of consent — force, threat, incapacity, deception, abuse of trust, and others. The State picks one or more theories in the indictment.
What the State must prove
- At least one § 22.011(b) circumstance
- The defendant's knowledge of the circumstance (for incapacity-based theories)
- Causal link between the alleged circumstance and the lack of consent
Common defenses
- Challenge to the specific (b)-subsection theory the State elected
- Lack of knowledge of incapacity
- Consent was given (when consent is the disputed element)
§ 22.011(f) — Penalty enhancements
An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
Plain English
Sexual Assault is normally a 2nd-degree felony, but it becomes a 1st-degree felony when § 22.011(f) aggravators apply — for example, certain family relationships or other specific circumstances.
What the State must prove
- All elements of the underlying (a)(1) or (a)(2) offense
- The specific aggravator alleged in the indictment
Common defenses
- Challenge to the existence of the aggravator
- Limiting instruction issues if multiple theories are alleged
Common Scenarios
These hypothetical scenarios illustrate how Texas Penal Code § 22.011 applies. They are educational examples — not predictions about any specific case.
Scenario 1: Non-consent through force
A defendant who is alleged to have penetrated another person without that person's consent through use of physical force. Under § 22.011(a)(1) and (b)(1), this conduct could constitute Sexual Assault.
Key consideration: Sexual Assault is generally a 2nd-degree felony, but several aggravators in § 22.011(f) can elevate it to a 1st-degree felony.
Scenario 2: Statutory sexual assault of a minor
A defendant who is alleged to have engaged in penetration with a person younger than 17 who is not the defendant's spouse. Under § 22.011(a)(2), this conduct could constitute Sexual Assault of a Child regardless of consent.
Key consideration: A limited 'Romeo and Juliet' affirmative defense exists in § 22.011(e) when the defendant is no more than three years older and certain conditions are met.
Scenario 3: Incapacity to consent
A defendant who is alleged to have engaged in sexual conduct with a person the defendant knew was unable to consent because of intoxication, mental disability, or unconsciousness. Under § 22.011(b)(3)-(5), this conduct could constitute Sexual Assault.
Key consideration: The State must prove the defendant knew of the incapacity at the time, which is often a contested element resolved through circumstantial evidence.
Scenario 4: Health-care or therapy context
A defendant who is a mental-health provider, clergy, or health-care provider and engages in sexual conduct with a current patient. Under § 22.011(b)(8) or (b)(9), this conduct could constitute Sexual Assault based on the special-relationship aggravator.
Key consideration: Texas has specific aggravators for sexual conduct that exploits a position of trust or care; consent of the other person may not be a complete defense in these contexts.
These are hypothetical educational scenarios. They do not reflect actual cases handled by L and L Law Group, PLLC, and outcomes vary based on facts, evidence, and legal representation. For a confidential, fact-specific discussion of a real case, call (972) 370-5060 or email info@landllawgroup.com.
Notable Case Law
Texas appellate courts have repeatedly construed Penal Code § 22.011. The decisions below are reference points the defense uses when framing motions, jury arguments, and trial strategy.
Case law evolves; verify current status before relying on any holding. Citations are accurate as of 2026-05-19. For a case-specific analysis of how recent decisions affect a particular charge, call L and L Law Group at (972) 370-5060 or email info@landllawgroup.com.
Compendiums, calculators & related sections
Interactive calculator
Practice area
Related penal-code sections
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases.
Verify on Texas Bar
Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets.
Verify on Texas Bar