Super aggravated sexual assault is the term prosecutors often use to describe a case of aggravated sexual assault of a child. It is a relatively new crime in Texas that is based on Jessica’s Law. The law was created to protect younger children. Super Aggravated Sexual Assault is one of the most serious felony charges in Texas and is punishable by a sentence of 25 years to life in prison. If you are being investigated for super aggravated sexual assault in the Houston area, you will need an experienced sex crime defense team to guide you through the litigation process. Attorneys with The Gonzalez Law Group are experienced with sex crimes in Texas, and they will strive to achieve the best possible outcome for your situation.
Call us today at (832) 530-4070 or submit your information in our online form for a free case evaluation. We proudly defend clients in the greater Harris County area, including Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood, and many others.
What is Super Aggravated Sexual Assault?
Super aggravated sexual assault is similar to sexual assault in that it involves intentionally and knowingly penetrating another person’s sexual organ or mouth without their consent, but it involves continuous sexual abuse of a child.
Aggravated sexual assault can be upgraded to super aggravated sexual assault if the victim is under six years old, or if the offender has previously been convicted of sexual assault of a child under 14 and they commit the same crime again. Continuous sexual abuse of a child can also be considered a super aggravated sexual assault.
Continuous sexual abuse is considered at least two or more acts of abuse in a period of 30 days that can include:
- Child indecency
- Sexual assault or aggravated sexual assault
- Aggravated kidnapping with intent to sexually abuse or violate the victim
- Burglary with the intent to commit a sexual offense
- Sexual performances by a child
Possible Penalties for Super Aggravated Sexual Assault in Texas
Sexual assault is not taken lightly in the state of Texas, especially when it involves children. Other than a capital murder charge, super aggravated sexual assault is one of the highest levels of offense one can face in the state.
Since super aggravated sexual assault is a twice-elevated charge, it is considered a first-degree felony and entails severe penalties. If convicted, you could face a minimum of 25 years in prison to life, plus a $10,000 fine and lifetime registration as a sex offender. Although Texas previously authorized the death penalty for a repeat conviction of aggravated or continuous sexual abuse of a child, that punishment can no longer be imposed after the United States Supreme Court held in Kennedy v. Louisiana (2008) that the death penalty is unconstitutional for the sexual assault of a child that does not result in the child’s death.
Those convicted of super aggravated sexual assault will face consequences that can include limited Internet access, regular drug and alcohol screenings, losing the right to own or purchase a firearm, and voting privileges.
Punishment Range for Super Aggravated Sexual Assault
Super aggravated sexual assault is punished as a first-degree felony, but with an elevated punishment range compared to a standard first-degree felony. Under Texas Penal Code § 22.021, the offense carries a term of 25 years to life in prison and a fine of up to $10,000. A person sentenced to the 25-year minimum is not eligible for parole, which means the entire sentence must be served day for day.
A conviction also requires lifetime registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. While the death penalty is not available for this offense following Kennedy v. Louisiana, the punishment range remains among the most severe in Texas law. Because the stakes are so high and the sentences are served without parole, anyone facing this charge should speak with an experienced sex crimes defense attorney as early as possible.
What is Jessica’s Law in Texas?
Jessica’s Law was adopted in Texas in 2007. Almost every state in the country has a similar law, but some of the key components of the Texas law include:
- Increased Felonies: The majority of sex crimes committed against children are now considered a higher felony degree and entail harsher penalties. For instance, directing or promoting a sexual performance by a child younger than 14 is a second-degree felony instead of a third-degree felony.
- Lengthened Statute of Limitation: Jessica’s Law extended the time prosecutors have to press charges. Victims have 20 years after their 18th birthday to file charges for sexual performance by a child, aggravated kidnapping with intent to commit sexual abuse, and burglary of a habitation with intent to commit a sexual offense.
- Mandatory Minimum Sentences: If convicted of aggravated sexual assault of a child, the offender now faces a minimum of 25 years in prison and up to 99.
- Probation Ineligibility: Jessica’s Law added a number of sex crimes against children younger than 14 to a list of offenses that cannot be punished with probation.
- Electronic Monitoring: If released on parole, the parolee may have consistent, real-time electronic monitoring.
Additional Super Aggravated Sexual Assault Resources in Houston, TX
Texas Penal Code 21.02 Continuous Sexual Abuse of Young Child or Children- Follow this link to view the full text of the Texas Penal Code that establishes what is considered continuous sexual abuse of young children in the state. The code can be viewed on the Texas Constitution and Statutes website.
“Jessica’s Law” Comes to Texas– The Texas District & County Attorneys Association published an in-depth article on the adoption of Jessica’s Law in Texas. The article discusses the history of the law and how it’s been adapted in Texas. The TDCAA is a non-profit organization that is dedicated to serving Texas prosecutors.
Lawyer for Super Aggravated Sexual Assault in Houston, TX
If you are being investigated for super aggravated sexual assault, you will need an experienced sex crime defense team on your side. The Gonzalez Law Group is experienced with super aggravated sexual assault cases in Harris County, and we will strive to achieve the best possible outcome for your situation.
We defend clients in communities that include Pearland, Baytown, Seabrook, La Porte, Pasadena, Galena Park, Friendswood, and numerous others. Call us today at (832) 530-4070 or submit your information in our online form for a case evaluation.
