Quick reference
Texas Penal Code § 22.021 governs Aggravated 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 Aggravated Sexual Assault charges.
What Texas Penal Code § 22.021 says
Section 22.021 of the Texas Penal Code is the controlling Texas statute for Aggravated 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, § 22.021 must be read together with:
Texas punishment classifications
The punishment for an offense under § 22.021 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 Aggravated Sexual Assault cases
Every § 22.021 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 Aggravated 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 § 22.021 a felony in Texas?
The classification depends on the specific subsection and any enhancements alleged. Aggravated 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 Aggravated 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 § 22.021?
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 § 22.021 and are uncertain, the indictment and statute will indicate whether registration attaches.
What if § 22.021 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 Aggravated Sexual Assault case?
Yes. We handle Aggravated 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 § 22.021 defines Aggravated Sexual Assault — Sexual Assault under § 22.011 combined with specific aggravators that elevate the offense to a 1st-degree felony with mandatory minimum sentences in certain victim categories.
§ 22.021(a)(1)(A) — Aggravated 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 the underlying penetration without consent (as in § 22.011) plus an aggravator listed in § 22.021(a)(2).
What the State must prove
- All elements of an underlying § 22.011-type sexual assault
- One of the § 22.021(a)(2)(A) aggravators
Common defenses
- Consent (in adult cases)
- Lack of the alleged aggravator
- Mistaken identity
§ 22.021(a)(2)(A) — Adult-victim aggravators
[the actor] causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; by acts or words places the victim in fear that any person will become the victim of an offense under § 20A.02(a)(3), (4), (5), or (6) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; ... uses or exhibits a deadly weapon in the course of the same criminal episode...
Plain English
Adult-victim cases become Aggravated Sexual Assault when one of these aggravators is proven: serious bodily injury, threats of imminent harm, use of a deadly weapon, accomplice participation, or administration of a substance to incapacitate.
What the State must prove
- The specific (a)(2)(A) aggravator alleged
- Causal link between the aggravator and the assault
Common defenses
- Challenge to the aggravator's existence
- Serious bodily injury threshold issue
- Deadly-weapon manner-of-use analysis
§ 22.021(a)(2)(B) — Child or elderly victim
[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 the victim is an elderly individual or a disabled individual.]
Plain English
When the alleged victim is younger than 14, or is an elderly or disabled individual, the offense is Aggravated Sexual Assault as a strict-liability matter — knowledge of the victim's age is not required.
What the State must prove
- Sexual assault under (a)(1)
- Victim's age (under 14) or elderly/disabled status
Common defenses
- Challenge to the underlying penetration
- Mistaken identity
- Limited procedural defenses
§ 22.021(f) — 25-year minimum
The minimum term of imprisonment for an offense under this section is increased to 25 years if the victim of the offense is younger than six years of age at the time the offense is committed, or the victim of the offense is younger than 14 years of age at the time the offense is committed and the offense was committed in a manner described by Subsection (a)(2)(A).
Plain English
When the victim is under 6, or under 14 with an (a)(2)(A) aggravator, the minimum prison term is 25 years — no probation eligibility and no parole until well into the sentence.
What the State must prove
- All elements of the underlying aggravated sexual assault
- Victim's age at the time of the offense
Common defenses
- Age-of-victim challenge (birth records, witness testimony)
- Whether (a)(2)(A) aggravator is established for the 14-year version
Common Scenarios
These hypothetical scenarios illustrate how Texas Penal Code § 22.021 applies. They are educational examples — not predictions about any specific case.
Scenario 1: Sexual assault with a weapon
A defendant who is alleged to have committed Sexual Assault while exhibiting or using a deadly weapon. Under § 22.021(a)(2)(A)(iv), this conduct could constitute Aggravated Sexual Assault.
Key consideration: Aggravated Sexual Assault is a 1st-degree felony with a punishment range of 5-99 years or life; certain victim categories also trigger a 25-year minimum under § 22.021(f).
Scenario 2: Sexual assault causing serious bodily injury
A defendant who is alleged to have caused serious bodily injury during a sexual assault. Under § 22.021(a)(2)(A)(i), this conduct could constitute Aggravated Sexual Assault.
Key consideration: Serious bodily injury is a defined term in § 1.07(a)(46); medical evidence is generally central to whether the threshold is met.
Scenario 3: Aggravator for child or elderly victim
A defendant who is alleged to have sexually assaulted a child younger than 14 or an elderly person. Under § 22.021(a)(2)(B), the conduct could constitute Aggravated Sexual Assault based on the victim's age.
Key consideration: Conviction for an offense against a child under 6 carries a 25-year minimum sentence under § 22.021(f), and registration is lifetime.
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 § 22.021. 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
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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.
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Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets.
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