CHAPTER 21. SEXUAL OFFENSES - Texas Statutes

PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 21. SEXUAL OFFENSES

Sec. 21.01. DEFINITIONS. In this chapter:

(1) "Deviate sexual intercourse" means:

(A) any contact between any part of the genitals of one person

and the mouth or anus of another person; or

(B) the penetration of the genitals or the anus of another

person with an object.

(2) "Sexual contact" means, except as provided by Section 21.11,

any touching of the anus, breast, or any part of the genitals of

another person with intent to arouse or gratify the sexual desire

of any person.

(3) "Sexual intercourse" means any penetration of the female sex

organ by the male sex organ.

(4) "Spouse" means a person to whom a person is legally married

under Subtitle A, Title 1, Family Code, or a comparable law of

another jurisdiction.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff.

Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff.

Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff. Sept.

1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.124, eff. September 1, 2005.

Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN.

(a) In this section, "child" has the meaning assigned by Section

22.011(c).

(b) A person commits an offense if:

(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.

(c) For purposes of this section, "act of sexual abuse" means

any act that is a violation of one or more of the following penal

laws:

(1) aggravated kidnapping under Section 20.04(a)(4), if the

actor committed the offense with the intent to violate or abuse

the victim sexually;

(2) indecency with a child under Section 21.11(a)(1), if the

actor committed the offense in a manner other than by touching,

including touching through clothing, the breast of a child;

(3) sexual assault under Section 22.011;

(4) aggravated sexual assault under Section 22.021;

(5) burglary under Section 30.02, if the offense is punishable

under Subsection (d) of that section and the actor committed the

offense with the intent to commit an offense listed in

Subdivisions (1)-(4); and

(6) sexual performance by a child under Section 43.25.

(d) If a jury is the trier of fact, members of the jury are not

required to agree unanimously on which specific acts of sexual

abuse were committed by the defendant or the exact date when

those acts were committed. The jury must agree unanimously that

the defendant, during a period that is 30 or more days in

duration, committed two or more acts of sexual abuse.

(e) A defendant may not be convicted in the same criminal action

of an offense listed under Subsection (c) the victim of which is

the same victim as a victim of the offense alleged under

Subsection (b) unless the offense listed in Subsection (c):

(1) is charged in the alternative;

(2) occurred outside the period in which the offense alleged

under Subsection (b) was committed; or

(3) is considered by the trier of fact to be a lesser included

offense of the offense alleged under Subsection (b).

(f) A defendant may not be charged with more than one count

under Subsection (b) if all of the specific acts of sexual abuse

that are alleged to have been committed are alleged to have been

committed against a single victim.

(g) It is an affirmative defense to prosecution under this

section that the actor:

(1) was not more than five years older than:

(A) the victim of the offense, if the offense is alleged to have

been committed against only one victim; or

(B) the youngest victim of the offense, if the offense is

alleged to have been committed against more than one victim;

(2) did not use duress, force, or a threat against a victim at

the time of the commission of any of the acts of sexual abuse

alleged as an element of the offense; and

(3) at the time of the commission of any of the acts of sexual

abuse alleged as an element of the offense:

(A) was not required under Chapter 62, Code of Criminal

Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable

conviction or adjudication for an offense under this section or

an act of sexual abuse as described by Subsection (c).

(h) An offense under this section is a felony of the first

degree, punishable by imprisonment in the Texas Department of

Criminal Justice for life, or for any term of not more than 99

years or less than 25 years.

Added by Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.17, eff. September 1, 2007.

Section 21.06 was declared unconstitutional by Lawrence v. Texas,

123 S.Ct. 2472.

Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an

offense if he engages in deviate sexual intercourse with another

individual of the same sex.

(b) An offense under this section is a Class C misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 21.07. PUBLIC LEWDNESS. (a) A person commits an offense

if he knowingly engages in any of the following acts in a public

place or, if not in a public place, he is reckless about whether

another is present who will be offended or alarmed by his:

(1) act of sexual intercourse;

(2) act of deviate sexual intercourse;

(3) act of sexual contact; or

(4) act involving contact between the person's mouth or genitals

and the anus or genitals of an animal or fowl.

(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense

if he exposes his anus or any part of his genitals with intent to

arouse or gratify the sexual desire of any person, and he is

reckless about whether another is present who will be offended or

alarmed by his act.

(b) An offense under this section is a Class B misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff.

Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an

offense if, with a child younger than 17 years of age, whether

the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child

to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any

person:

(A) exposes the person's anus or any part of the person's

genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of

the child's genitals.

(b) It is an affirmative defense to prosecution under this

section that the actor:

(1) was not more than three years older than the victim and of

the opposite sex;

(2) did not use duress, force, or a threat against the victim at

the time of the offense; and

(3) at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal

Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable

conviction or adjudication for an offense under this section.

(b-1) It is an affirmative defense to prosecution under this

section that the actor was the spouse of the child at the time of

the offense.

(c) In this section, "sexual contact" means the following acts,

if committed with the intent to arouse or gratify the sexual

desire of any person:

(1) any touching by a person, including touching through

clothing, of the anus, breast, or any part of the genitals of a

child; or

(2) any touching of any part of the body of a child, including

touching through clothing, with the anus, breast, or any part of

the genitals of a person.

(d) An offense under Subsection (a)(1) is a felony of the second

degree and an offense under Subsection (a)(2) is a felony of the

third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff.

Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept.

1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

260, Sec. 1, eff. September 1, 2009.

Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.

(a) An employee of a public or private primary or secondary

school commits an offense if the employee engages in:

(1) sexual contact, sexual intercourse, or deviate sexual

intercourse with a person who is enrolled in a public or private

primary or secondary school at which the employee works; or

(2) conduct described by Section 33.021, with a person described

by Subdivision (1), regardless of the age of that person.

(b) An offense under this section is a felony of the second

degree.

(b-1) It is an affirmative defense to prosecution under this

section that the actor was the spouse of the enrolled person at

the time of the offense.

(c) If conduct constituting an offense under this section also

constitutes an offense under another section of this code, the

actor may be prosecuted under either section or both sections.

(d) The name of a person who is enrolled in a public or private

primary or secondary school and involved in an improper

relationship with an educator as provided by Subsection (a) may

not be released to the public and is not public information under

Chapter 552, Government Code.

Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

610, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

772, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

260, Sec. 2, eff. September 1, 2009.

Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In

this section, "promote" has the meaning assigned by Section

43.21.

(b) A person commits an offense if the person:

(1) photographs or by videotape or other electronic means

records, broadcasts, or transmits a visual image of another at a

location that is not a bathroom or private dressing room:

(A) without the other person's consent; and

(B) with intent to arouse or gratify the sexual desire of any

person;

(2) photographs or by videotape or other electronic means

records, broadcasts, or transmits a visual image of another at a

location that is a bathroom or private dressing room:

(A) without the other person's consent; and

(B) with intent to:

(i) invade the privacy of the other person; or

(ii) arouse or gratify the sexual desire of any person; or

(3) knowing the character and content of the photograph,

recording, broadcast, or transmission, promotes a photograph,

recording, broadcast, or transmission described by Subdivision

(1) or (2).

(c) An offense under this section is a state jail felony.

(d) If conduct that constitutes an offense under this section

also constitutes an offense under any other law, the actor may be

prosecuted under this section or the other law.

(e) For purposes of Subsection (b)(2), a sign or signs posted

indicating that the person is being photographed or that a visual

image of the person is being recorded, broadcast, or transmitted

is not sufficient to establish the person's consent under that

subdivision.

Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

306, Sec. 1, eff. September 1, 2007.