Penal Code · §22.021
Aggravated Sexual Assault
Elements
- A person
- Commits sexual assault as defined in §22.011(a); AND
- Any of the following aggravating circumstances apply: causes serious bodily injury or attempts to cause death of the victim or another in the course of the same criminal episode; by acts or words places the victim in fear that any person will be subjected to death, serious bodily injury, or kidnapping; uses or exhibits a deadly weapon; acts in concert with another committing sexual assault; administers any controlled or other substance to facilitate the act; OR the victim is younger than 14, 65 or older, or a disabled individual
Penalty
First-degree felony — 5 to 99 years or life TDCJ + up to $10,000 fine (§12.32). Mandatory minimum 25 years if victim is younger than 6, or younger than 14 with serious bodily injury, deadly weapon use, drugs administered, or in-concert circumstances. Subject to enhanced parole eligibility.
Enhancements
Sex offender registration required for life. May rise to capital felony if the act is part of a continuous course of conduct supporting capital murder (e.g., murder during sexual assault under §19.03). Death penalty available under §22.021(f) for offenders previously convicted of certain sex offenses against a child.