Ar Section 2102 Continuous Sexual Abuse of Young Child or Children
Continuous Sexual Abuse of Young Child or Children is a criminal offense where a person (17 years or older) commits two or more sexual acts against one or more victims younger than 14 years of age within a 30 day time period or longer. Because the offense requires a pattern of sexual abuse, it carries a higher punishment then any of the single sex crimes on which it is based.1
Have you been charged with Continuous Sexual Abuse of a Young Child? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.
Continuous Sexual Abuse of a Young Child is a relatively new offense in the Texas Penal Code. The offense was created as part of a bill called "Jessica's Law," passed in the 2007 Regular Session of the Texas Legislature as House Bill 8. At the time, the nationwide call for tougher sex offender laws throughout the United States had Texas legislatures examining Texas criminal sex offenses. Prior to 2007, there was no law punishing a sex offender's pattern of engaging in multiple child sex offenses.
What is the current Texas law about Continuous Sexual Abuse of a Young Child?
The current Texas law is as follows:2
(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.
Subsection (b)(2) was amended slightly in H.B. 1808 (85th Texas Legislature, Regular Session) in an attempt to clarify that it does not matter whether you know the age of the accuser at the time of the offense. Even if they gave you a validly-issued government driver's license, looked like they were 30, you met them at a bar and have a spouse, you can still be convicted of this offense. Subsection (b)(2) looks like this effective September 1, 2017:3
(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.
The jury does not have to agree unanimously on the specific acts of sexual abuse or the exact dates on which the abuse occurred.4 The jurors only have to agree unanimously that two or more acts of sexual abuse were committed by the defendant during a period that is 30 or more days in duration. The state's attorney does not need to prove that all sexual abuse acts were committed against the same victim.5
For example, a person has committed Continuous Sexual Abuse of a Young Child by committing indecency with a child against Jane Doe (age 8) on March 2, 2008 and by committing sexual assault against John Doe (age 13) on May 2, 2008. However, if a person commits sexual assault against Jane Doe on March 1 and commits sexual assault against John Doe on March 29, the element of "within a 30 day period" has not been met. The person may still be convicted of two separate instances of Sexual Assault.
Continuous Sexual Abuse of a Young Child does not contain a statute of limitations.6 In other words, a person may be prosecuted for this offense at any time regardless of how long ago the offense occurred.
What is "sexual abuse"?
As described above, Continuous Sexual Abuse of Young Child offense requires multiple acts of "acts of sexual abuse." A person who has committed one of the following offenses has committed an act of sexual abuse for purposes of committing Continuous Sexual Abuse of a Young Child:7
- Aggravated Kidnapping with the intent to violate or abuse the victim sexually (PC §20.04(a)(4))
- Indecency with a Child (by contact with genitals or anus but not breast) (PC §21.11(a)(1))
- Sexual Assault (PC §22.011)
- Aggravated Sexual Assault (PC §22.021)
- Burglary of a Habitation with the intent to violate or abuse the victim sexually (§30.02(d))
- Sexual Performance by a Child (PC §43.05)
- Trafficking of Persons (PC §20A.02(a)(7) or (8))
- Compelling Prostitution (PC §43.05(a)(2))
However, the prosecuting attorneys are not supposed to charge a person with one of the offenses listed above and Continuous Sexual Abuse of a Young Child for the same victim unless (1) the person is charged in the alternative, (2) the offense occurred during less than a thirty day time period, or (3) it is found to be a lesser-included offense.8 A person who has committed multiple counts of sexual assault against a single child victim is only supposed to be charged with a single count of Continuous Sexual Abuse of a Young Child.9
Who can be charged with Continuous Sexual Abuse of a Young Child?
The alleged victim(s) must be younger than 14 years of age at the time the assault occurred, and the accused person must be at least 17 years old.10 For example, if John Doe (17 years old) commits sexual assault against Jane Doe (13 years old) on March 1, 2015 and again on April 1, 2015, John Doe has committed Continuous Sexual Abuse of a Young Child. However, if John Doe (17 years old) commits sexual assault against Jane Doe (15 years old) on the same two dates, John Doe has not committed Continuous Sexual Abuse of a Young Child, although he could still be prosecuted by the state's attorneys under other sex crimes laws. Additionally, a 17 year old in this circumstance may have an affirmative defense, as described in more detail below.
Who qualifies as a "child" under the law?
The Continuous Sexual Abuse of a Young Child statute defines child as a person younger than 17 years old.11 However, the statute also limits its applicability to prosecutions of child abuse offenses where the alleged victims are 13 years old or younger.12 Therefore, a person has not committed this particular offense if the victim is 14 years old or older.
What is the punishment for Continuous Sexual Abuse of a Young Child?
The punishment for Continuous Sexual Abuse of a Young Child is a first-degree felony.13 A felony in the first degree is punishable by 5-99 years in prison, or life, and a maximum fine of $10,000.14 However, Continuous Sexual Abuse of a Young Child carries a special minimum punishment of 25 years (see footnote 13). Persons convicted of Continuous Sexual Abuse of a Young Child are not eligible for parole.15
What are the possible defenses?
Everyone is entitled to a jury trial, and the most common defense is to fight the state's attempt to prove you "guilty beyond a reasonable doubt."
However, there is an affirmative defense against prosecution of Continuous Sexual Abuse of a Young Child called the "Romeo and Juliet" defense.16 This defense would protect two younger people who are close in age, such as a 17-year-old senior in high school and a 13-year-old freshman in high school. This defense only applies if "the actor is not more than five years older than the victim, the actor did not use duress, force, or a threat, and the actor is not a registered sex offender" (see footnote 16).
How long will I have to register as a sex offender if I am convicted?
If you are convicted of Continuous Sexual Abuse of a Young Child, generally speaking, Texas law requires you to register for life.17 Note that this determination can, technically, be more complicated. But practically speaking, these convictions will require lifetime registration. If you're interested in what could make it more complicated, read footnote 17 below.
Legal References:
1 John Bradley, 'Jessica's Law' comes to Texas
2 Texas Penal Code §21.02(b), effective through September 1, 2017.
3 Texas Penal Code §21.02(b)(2), as amended by House Bill 1808, 85th Legislature, Section 2, effective September 1, 2017
4 Texas Penal Code §21.02(d)
5 Texas Penal Code §21.02(b)(1)
6 Texas Code of Criminal Procedure §12.01(1)(D)
7 Texas Penal Code §21.02(c)
8 Texas Penal Code §21.02(e)
9 Texas Penal Code §21.02(f)
10 Texas Penal Code §21.02(b)(2)
11 Texas Penal Code §21.02(a), referencing the definition of "child" under 22.011(c):
(c) In this section: (1) "Child" means a person younger than 17 years of age.
12 Texas Penal Code §21.02(b)(2)
13 Texas Penal Code §21.02(h)
14 Texas Penal Code §12.32
15 Texas Government Code §508.145(a)
16 Texas Penal Code §21.02(g)
17 Texas Code of Criminal Procedure §62.101(a)(1) requires lifetime registration for all "sexually violent offenses," a term that is described at § 62.001(6)(A) to include Continuous Sexual Abuse of a Young Child. §62.101(a)(1) has three big exceptions that apply to all lifetime registration requirements: "Except as provided by Subsection (b) and Subchapter I" and for an "adjudication of delinquent conduct." Subsection (b) refers to discretionary transfers to criminal court from juvenile court proceedings, and Subchapter I refers to early termination procedures. Because you have to be 17 years old at the time of offense to be convicted of Continuous Sexual Abuse of a Young Child, these cases won't be in juvenile court (see Texas Family Code §51.02(2)), and there won't be an adjudication of delinquent conduct for the same reason. It is, however, technically possible for you to be eligible for early termination, but it is a relatively narrow situation.
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Source: https://saputo.law/criminal-law/texas/child-abuse-crimes/continuous-sexual-abuse-of-young-child-or-children/
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