Penal Code · §22.011
Sexual Assault
Elements
- A person
- Intentionally or knowingly
- Causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; OR causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; OR causes the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor, without that person's consent
- Lack of consent established by force, threat, or duress; victim is unconscious or physically unable to resist; victim is mentally diseased or defective or unaware of the assault; or any of the other circumstances enumerated in §22.011(b)
Penalty
Second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33).
Enhancements
First-degree felony if the victim was a person whom the actor was prohibited from marrying (e.g., relative within prohibited degrees) — 5 to 99 years or life + up to $10,000 fine (§12.32). Sex offender registration required. If serious bodily injury or attempted murder accompanies the act, charge as Aggravated Sexual Assault under §22.021.